Third Circuit Ruling on Housemates of Felons
Not sure this bodes well.
10 Responses to “Third Circuit Ruling on Housemates of Felons”
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January 12th, 2012 at 1:13 pm
The bugbear in this case hinges around possession as well as facilitation, it seems to me, and courts have always defined “possession” very broadly, extending it to “constructive possession”, which can mean anything.
Seems to me that to meet the burden of disproving either facilitation or possession, the 2A-minded housemate would have to demonstrate a very complex set of actions to deny the prohibited person access to arms.
This case need to get to the SCOTUS (and before it changes flavors again).
January 12th, 2012 at 1:16 pm
I think the simplest thing to do is avoid associating with felons…
January 12th, 2012 at 1:34 pm
Fred – Bite me. Not all felons are violent felons. Not all felonies should be crimes at all. And regardless of what others may think, a person should be able to associate with anyone they want to without the courts finding some back-road to a guilt by associations charge.
January 12th, 2012 at 1:56 pm
The court case can go ahead, yes.
But prosecution still has to prove that she was facilitating his access to firearms. Her possession does not equal his possession. The court just said that they can try her.
If he was still on probation, this would get simpler … his officer would just tell him either she gets rid of the guns, or HE goes back to jail.
January 12th, 2012 at 2:12 pm
+1 Butch! The whole Fellony Prohibited person needs to be re-worked.
There’s a big difference between Charles Manson, and OJ Simpson, and Martha Stewart and Jack Abramoff.
Not all felonies are equal, and a HUGE chuck of them are total chickenshit!
January 12th, 2012 at 2:20 pm
The whole Felony Prohibited person thing needs to go away.
Mind you, I’m a bit more flexible on the issue while probation is involved, but if someone is that dangerous they need to stay locked up.
January 12th, 2012 at 3:16 pm
@Kristopher
Yep. The key will be in the evidence presented at trial and what claims the prosecution makes. As well as the Judge’s jury instructions, those will be key in how “facilitating” is allowed to be interpreted.
January 12th, 2012 at 3:19 pm
I suppose I should have worded that differently, associating is one thing(and felt like kicking the beesn nest, I’ve got a nasty sinus infection. :p) but taking one on as a roommate is less than a great idea in my mind, violent or otherwise.
January 12th, 2012 at 3:23 pm
Proving what someone thought when they purchased a weapon legally is not a place I would want to go if I were a prosecutor… Also at what time does the legal possession of the weapon switch over to facilitation?
January 12th, 2012 at 6:14 pm
A couple of decades ago, G.Gorden Libby admitted that there was .357 in the nightstand on his side of the bed. When asked how, as a convicted Felon, he was allowed to have a Firearm, his reply was “I don’t have a Firearm. My Wife owns the Firearm, she just chooses to store it by me at night.”
Therein lies the Nub. If “Guilt by Association” can deny individuals of their RKBA, then there’s a few, no a LOT of Politicians up in D.C. that need to be Prosecuted.
Or ALL the “Occupiers” who were in camps where Illegal Weapons were found.
On Second thought….