Weapons Possession Flashcards
With knowledge and possession, What is the overlay to your investigation?
The gun is a weapon-
Match items
Interview and confrontation
Forensic testing
What are the elements of possession?
Knowledge
Actual or constructive possession
What are other types of federal weapon cases?
1) Sawed off shotguns and riffles
2) Machine guns
3) Brady cases
4) Gun trafficking
5) Knowingly possessing a stolen firearm or serial number obliterated
6) 924 cases
Differences with state vs federal law?
Federal law:
1) provides more categories prohibited to a person
2) makes illegal possession of ammunition by those persons
3) does not require operable gun
4) gun has nexus w/interstate commerce
5) larger penalties
Who are prohibited persons?
Felon Fugitive Unlawful drug user/addict Person commuted to MH Illegal Alien Person dishonorably d/c from services Person subject to restraining/stalking order DV conviction
What are some things a prohibited person In possession can be arrested for?
Possession of ammunition
Does not require an operable firearm
Cannot be an antique
What is federal law jurisdiction with gun cases?
Requires gun to have nexus of interstate commerce