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Old May 3, 2013, 08:18 PM   #28
Brian Pfleuger
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Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 17,502
Having known at one time that the gun was in the trunk is not the question.

The statute says "knowingly and willfully did COMMIT".

If he forgot the gun was there, he did not KNOWINGLY and WILLFULLY commit the CRIME.

Even if you argue "knowing", he clearly did not do it "willfully".
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