Is there a distinction between the use of a firearm and the possession of the firearm?
California, United States of America
The following excerpt is from People v. Taylor, F067854 (Cal. App. 2015):
Here, defendant returned to the scene in possession of the firearm; the use of the weapon - the shooting - is distinct from possession. The trial court properly imposed a term of imprisonment for the offense of being a felon in possession of a firearm. (People v. Vang, supra, 184 Cal.App.4th at p. 917.)
Page 14
The judgment is affirmed.
/s/_________
DETJEN, J.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement? (California, United States of America)
In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code? (California, United States of America)
Can a convicted felon who is in possession of a firearm for a short period of time, but who has not been convicted of a criminal offence under section 12021 of the California Penal Code, can he continue to possess the firearm? (California, United States of America)
Can a conviction for possession of a firearm be based on constructive possession of the firearm? (California, United States of America)
In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
When an ex-felon commits a crime using a firearm and arrives at the scene already in possession of the firearm, does Section 654 of the Criminal Code bar assault with a firearm? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code for possession of a firearm and the possession of ammunition in a firearm? (California, United States of America)
Can a felon in possession of a firearm be punished separately for the possession and the crime in which the felon used the firearm? (California, United States of America)
Is a convicted felon convicted of assault with a deadly weapon and felon in possession of a firearm prohibited from possessing a firearm? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for possessing a firearm and possessing ammunition outside apart from that firearm? (California, United States of America)
