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Teen girl in Columbus killed by police
(04-30-2021, 04:51 PM)fredtoast Wrote: Bullshit.  I have seen it happen with my own eyes.  It makes law enforcement angry.  They find a weapon in the car or residence of a convicted felon and they are pretty sure it belongs to the felon.  But as soon as someone else claims possession there is nothing they can do.

With something like drugs or stolen property everyone in a vehicle or a room with the contraband can be charged with "constructive possession". Then it gets sorted out in court.  Someone, and possibly everyone, will get convicted.  Since an unregistered gun is not contraband no one gets in any trouble and the gun is not confiscated.

These seem like substantial points to me. A clear contrast. If I understand you, there is no motivation to "save a friend" in the case of illegal substances by claiming possession, since that puts the savior in jeopardy, perhaps of a felony.

I have never heard of "constructive possession" though.  

Is the legal logic that, in the case of an illegal substance found on the floor of a vehicle or someone's living room, SOMEONE must be legally in possession of it, and if no one cops to ownership, then ALL present can be charged--because unlike the unregistered weapon, it is illegal for anyone to possess it at all? 
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RE: Teen girl in Columbus killed by police - Dill - 04-30-2021, 05:34 PM

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