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NY Monroe Co.: Parts of NY red flag law may violate 2A and 4A. John Wesley Hall’s Fourthamendment.com

Doug_Nightmare

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Nov 21, 2018
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Washington Island, WISCONSIN. Out in Lake Michigan

Another section of CPLR 63-a which troubles this Court concerns the possibility that, based upon the opinion of a non-physician, a court may be permitted to issue a search warrant to confiscate a respondent’s guns, but which also may result in certain circumstances of the confiscation of guns owned or possessed by non-respondents. See, CPLR § 6342 [8]. Under our law “possess” has its own special meaning. It does not simply mean “to own.” It holds an expanded meaning. “A person has tangible property in his or her constructive possession when that person exercises a level of control over the area in which the property is found sufficient to give him or her the ability to use or dispose of the property.” People v Manini, 79 NY2d 561, 573 (1992).
 
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