Can a person be charged with possession of a loaded gun under Section 240.02(4) of the Ontario Penal Law?

"New York", United States of America

The following excerpt is from People v. Deignan, 116 Misc.2d 955, 457 N.Y.S.2d 378 (N.Y. City Ct. 1982):

However, the charge in People v. Taylor (supra) concerned possession of a loaded gun which would be a felony or a misdemeanor depending upon whether or not it was possessed in the defendant's "home" within the meaning of Section 265.02(4) of the Penal Law which provides no such definition of "home". Since the definition of "public place" under Section 240 is stated by that section to be applicable to Article 240 only, one can still argue as to whether an area might constitute a person's "home" within the meaning of Section 265.02 and yet meet the criteria sufficient to constitute a "public place" within the meaning of Section 240.

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