Police find AK-47 rifle in car trunk

[John]

OK... a fine example of news reporting. At face value, what is wrong here?

http://www.chron.com/disp/story.mpl/nb/ ... 95135.html

July 18, 2008, 10:56AM
Police find AK-47 rifle in car trunk
FRANCISCA ORTEGA

A Missouri City man was arrested Thursday after telling police he had an AK-47 assault rifle in the trunk of his car, according to a police spokeswoman.

Jovan Miles, 20, was pulled over near the intersection of Texas Parkway and Adams Avenue at about 6:30 p.m. when an officer observed the rear license plate on his car was obscured. The officer then asked Miles if he had any weapons in his possession and Miles told him about the assault rifle in the trunk, police records technician Michelle Burleson said.

Miles is charged with unlawful possession of a firearm. He was transported to the Fort Bend County Jail.

----------End of Story-----------

Is it illegal for a 20 year old to have a long gun in the trunk of his car?

[Mithras61]

It MIGHT be illegal (if it's an actual AK-47 not something like a WASR-10 and he doesn't have the NFA stamp...)

[WildBill]

It MIGHT be illegal (if it's an actual AK-47 not something like a WASR-10 and he doesn't have the NFA stamp...)

Or he could be a felon or under indictment???

[John]

this is all true... It could also be that it was stolen, i suppose (would think that might be a different charge).

The article leaves the impression that it is illegal for a 20 year old be to be in possession of an assault rifle. The writer could have included more details, but didn't. Maybe I have a little conspiracy-ist in me, but the article sets the idea in readers’ heads the it is either illegal to have an assault weapon in your trunk or that it is illegal to have such by a 20 year old. Neither is true, at least i believe this is not true. Is there an age limit by federal law on possession of an assault rifle?

[seamusTX]

Miles is charged with unlawful possession of a firearm.

Unlawful Possession of a Firearm is the title of PC §46.04, which prohibits felons from possessing firearms.

Assuming that the police report and the newspaper was accurate (not a safe assumption), that would seem to be the explanation.

Can a patrol officer determine on the street that someone is a felon?

There is no Texas law that generally prohibits carrying a rifle in the trunk of one's car, regardless of age.

- Jim

[lunchbox]

this is the work of our liberal media
people will read this and assume that one can not posses an ak47. as long as its semi and has a 16 in barrel the gun is legal
more details are needed but they wont tell you the whole story

if in fact this guy was legal i hope he fights it and gets payed

[SCone]

Only way I can see unlawfull possesion is if he's a felon. Maybe some gang-related law? The reporter doesn't give enough info.

[CHL/LEO]

Can a patrol officer determine on the street that someone is a felon?

Yes

[SkipB]

Yes an Officer has the resourses to find out if a person is felon or wanted while making a traffic stop. Instead of trying to secound guess the Officer I would think the guy arrested must have been doing something wrong to be put in that position.

[WildBill]

I have a legal question. The article says that Jovan Miles told the police that he had an AK-47 in the truck. Does that give the police the right to search the trunk or would they have to get a warrant?

[Excaliber]

The article says that Jovan Miles told the police that he had an AK-47 in the truck. Does that give the police the right to search the trunk or would they have to get a warrant?

If the officer was in possession of information that the subject could not legally possess the weapon and he told the officer he had one in the trunk, that would on its face give an officer probable cause to believe that evidence of a crime was present in the vehicle. This situation would appear to fall within the motor vehicle exception to the warrant requirement as established by the Supreme Court in a case called Carroll v. United States, unless the state the incident occurred in has additional requirements at the state level. A decent summary of how this works appears in Wikipedia, which is not an authoritative legal source but appears to be pretty close to the mark in this case. Here's the link:

http://en.wikibooks.org/wiki/US_Crimina ... _exception

[WildBill]

The article says that Jovan Miles told the police that he had an AK-47 in the truck. Does that give the police the right to search the trunk or would they have to get a warrant?

If the officer was in possession of information that the subject could not legally possess the weapon and he told the officer he had one in the trunk, that would on its face give an officer probable cause to believe that evidence of a crime was present in the vehicle.

Another reason to keep your mouth shut.

[SC1903A3]

How bout this

46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if the person intentionally, knowingly, or
recklessly carries on or about his or her person a handgun, illegal
knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle that is owned by the person
or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as
defined by Section 71.01.

[Excaliber]

(C) a member of a criminal street gang, as
defined by Section 71.01.

That might have quite a bit to do with why the officer asked the question in the first place. If he already had knowledge of Mr. Miles' affiliations, the answer to his question would have given him probable cause to search the trunk.

BTW, I haven't been able to find any followup reports on this incident, so I suspect it was pretty cut and dried.

[seamusTX]

That law applies only to handguns in the passenger compartment.

- Jim