Firearms Flashcards
What is required to carry a handgun
LTC
What is required to carry a rifle or shotgun
FID Card
A report that someone is carrying a firearm without more gives officers what
Nothing - no RS
Name the plus factors leading to RS
Under 21
No holster
Brandishing or concealing
Loading in public
Knowingly ineligible for LTC
Fired gun
On street sale
Impaired person
Threat to public safety (erratic and has a gun)
What can an officer do if someone refuses to produce their LTC on demand
Take the guns for 30 days
How old do you need to be to have an FID card
15
Age to have a LTC
21
People who are ineligible for LTC/FID
- Mass conviction of a felony or misdemeanor punishable by more than 2 years or weapons or drugs (eligible for FID 5 years later)
- out of state federal convocation
- court ordered committed (sec 12 or 35)
- 209A order
- dishonorable discharge
- deemed not suitable by the court
When are you eligible for a FID card after being convicted of a felony or over 2 year misdemeanor
5 years after conviction
When are you eligible for an LTC after convicted of a felony or misdemeanor
Never
Who issues temporary LTC to aliens and non residents
Colonel
When does an LTC/FID expire
On the date shown, if they applied to renew before the expiration date it is still good until it is approved or denied
Active LTC extension after expiration
180 days
What to do if the persons license expired and they did not apply to renew but we’re eligible
Confiscate the guns and the license and seek a civil fine
When do you arrest for an expired LTC
Person is currently disqualified from receiving a license or application has been denied orally or in writing
Do renewal exemptions apply to ammunition and large capacity?
No
When must you notify about a change of address
30 days
What’s the penalty for failing to update address
Confiscate and civil fine
If the license authority decides to revoke an LTC what do officers need to enter the house
Warrant, Consent, exigency
If someone brings a gun outside to threaten a neighbor then goes back inside and comes back out again with it, how many charges of unlawful poss
2 counts
Elements for constructive possession
Intent, knowledge, control
Suspect with a gun in social media is enough to charge with unlawful possession?
Yes
Inventory check found a gun rolled in a sweatshirt surrounded by other random items, unknown who owns the sweatshirt, good or bad
Bad
Can an incarcerated person possess a gun hidden on their fathers property through control of their father
Yes
Suspect 1 unlawful carry’s a gun to a robbery and is caught with suspect 2, who can be charged with unlawful possession
Both
What is no longer sufficient by itself to prove a gun is operational
Ballistics certificate
6 ways to prove a working firearm
Ballistics testimony
Defendant observed firing the gun
Recovered gun with a spent cartridge
Dry fired by police expert
Arresting officer fired the gun
Owner stated they fired the gun
What is the most sufficient way to prove an operation firearm
Ballistics testimony from an expert
Is an officers testimony about the working parts of a firearm or test firing process sufficient
No
Does a jammed weapon with a broken firing pin and missing extractor qualify as an operational firearm
Yes
Gun seriously damaged after being thrown from a vehicle, good or bad
Is an operational firearm as it was operational at the time of the offense
Does the defendant need to know the gun worked
No
Factors to prove the person knew the gun was loaded
The ammo can be seen
Fingerprints on the loaded mag
Carried on ones person and ready for use( easy access) - not in a sock
Firearm was used
Statement about knowledge of firearms
What is considered ammunition
Cartridges, cases, primers, bullets, propellant powder designed for use in a gun
To charge one with possession of a large capacity firearm what must you prove
That they knew it was large capacity
What must one have to posses a firearm in their residence or their business
FID at least
What is covered by the home
Cartilage
Who may bring a gun to work under an FID
Only the business owner