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Old July 4, 2023, 03:57 AM   #22
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 25,023
Are you saying that I should lie about it to make it sound worse than it is if I don't agree with it?
Quote:
To my mind this is in the same fantasy (and its the law in some places) where, if you, the ammunition and the firearm are in the same compartment of a vehicle, the gun is considered "loaded".
If the law defines "loaded" in that way, then that's what the law says and that's how it will be enforced unless it is challenged and struck down. That's not a fantasy, that's just the reality of how the law works. They aren't saying that the gun is 'loaded' in the sense of the common definition of 'loaded', they are merely defining a particular legal offense in a particular way using legal terms that have been given a special legal definition.

You don't have to accept the legal definition as the new common definition, but you do need to understand how the law defines it if you want to avoid committing the defined offense.

Legal definitions are sometimes different from common definitions and when there's a difference, then the legal definition is what needs to be considered from a legal standpoint.

Constructive possession is an offense defined in a particular way. You can disagree with the premise of constructive possession (I do) but disagreement doesn't change how it is defined or how it is enforced. If you want to avoid committing the offense, then whether you agree with the premise of the law or not, it's important to understand how the offense is defined. It doesn't help anyone or change anything to make up other definitions or give incorrect examples that cloud the issue.
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