A felon could ride around in a vehcle all day with a non-felon was wearing a handgun in a holster. Constructive possession requires that the felon have unrestricted/unimpeded access to the firearm If the felon attempted to grab the handgun the owner/wearer would resist, thus demonstrating that access was restricted/impeded.
Using the already suggested scenarios I guess I have been in constructive possession of all that money in my bank because there was a possibility I could have physically gotten hold of it even though I never jumped across the counter between me and the tellers, or because the tellers all keep their cash drawers locked when not actually taking cash out or putting cash in, or because there is an armed guard who might shoot me if I actually tried. And if I've been in constructive possession of all that money I guess I could have constructivly purchased of all sorts of goodies and toys.
Are parole officers, prosecutors, and judges going to abuse the situation? Heck, yes. Can felons so charged effectively dispute those attempts to abuse the situation? Heck, yes. Case law is full of examples.
The reasons this argument is never going to end is because some folks do not understand the differnce between abusing the law and enforcing the law, some folks do not want to see felons get a break even if it means trampling on the rights of non-felons to make sure that happens, and, among other things, some folks refuse to expend the time, effort and sometimes money necessary to protect their rights.
stay safe.
Using the already suggested scenarios I guess I have been in constructive possession of all that money in my bank because there was a possibility I could have physically gotten hold of it even though I never jumped across the counter between me and the tellers, or because the tellers all keep their cash drawers locked when not actually taking cash out or putting cash in, or because there is an armed guard who might shoot me if I actually tried. And if I've been in constructive possession of all that money I guess I could have constructivly purchased of all sorts of goodies and toys.
Are parole officers, prosecutors, and judges going to abuse the situation? Heck, yes. Can felons so charged effectively dispute those attempts to abuse the situation? Heck, yes. Case law is full of examples.
The reasons this argument is never going to end is because some folks do not understand the differnce between abusing the law and enforcing the law, some folks do not want to see felons get a break even if it means trampling on the rights of non-felons to make sure that happens, and, among other things, some folks refuse to expend the time, effort and sometimes money necessary to protect their rights.
stay safe.