SC1903A3 wrote:Here's something interesting. An article in the Daily Caller concerning constructive possession of a firearm with a felon living in your house. The theory is that if you have a felon living in your house you could be charged with providing a prohibited item to a felon even if the weapons are secured. The Daily Caller:Read more: http://dailycaller.com/2014/04/17/korwi ... z2zkQvguKH" onclick="window.open(this.href);return false;If you can’t prove that your security measures are satisfactory — to BATFE’s unwritten standards – you become a felon for providing contraband to a prohibited person. Even if they never touch anything.
Even a single round of ammo out in the open would put the prohibited person in violation of ‘proximity to guns or ammo’ (a red-tape concoction that is a long stretch from the law as passed, which talks about “possession”). This is the same standard they use for drug busts, technically called “constructive possession,” enabling them to arrest everyone in a house where drugs are found (or planted). Courts have backed up this method completely.
Constructive possession is a possibility, and it does happen. Knowledge & ability to exert dominion and control if I remember right. I think it would be interesting to stretch that to someone carrying.
If a felon Lived with you and knew that you kept a gun in your sock drawer and there was nothing to prevent him from accessing the weapon, that would probably be constructive possession. That is why doc is pretty strict about telling felons they can't be in a home with guns.