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by srothstein
Fri Oct 19, 2007 3:52 pm
Forum: Federal
Topic: Questioning H.R. 2640? NRA endorsed gun-control???
Replies: 11
Views: 4233

Stevie_d:

Your post brings up a very good point that I had not considered. In states other than Texas (like Illinois), the comparison of the two might be possible. In Texas, of course it would not be.

We do need to consider the constructive possession of the firearm, but there is a flaw with his logic. The comparison of the two lists would not be sufficient to generate any type of search warrant or confiscation list. It is missing any element to suggest that the firearm is not secured, so the mere fact that there is a gunowner in the house and a prohibited person in the house would not constitute probable cause, IMHO.

Obviously, there are judges in some places (NYC federal district comes to mind) who would disagree with me on the PC argument, though.

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