Weapons Possession Flashcards

0
Q

With knowledge and possession, What is the overlay to your investigation?

A

The gun is a weapon-

Match items

Interview and confrontation

Forensic testing

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1
Q

What are the elements of possession?

A

Knowledge

Actual or constructive possession

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2
Q

What are other types of federal weapon cases?

A

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

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3
Q

Differences with state vs federal law?

A

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

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4
Q

Who are prohibited persons?

A
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
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5
Q

What are some things a prohibited person In possession can be arrested for?

A

Possession of ammunition

Does not require an operable firearm

Cannot be an antique

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6
Q

What is federal law jurisdiction with gun cases?

A

Requires gun to have nexus of interstate commerce

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