What is the legal test for probable use of a firearm?

California, United States of America


The following excerpt is from People v. Green, 15 Cal.App.3d 766, 483 P.2d 1, 93 Cal.Rptr. 433 (Cal. App. 1971):

Furthermore, as stated in People v. DeLong (1970) Supra, 11 Cal.App.3d at page 792, 90 Cal.Rptr. at page 196; 'What is 'probable' in the case of a weapon must be tested by different standards from those which apply to other objects * * * (because of) the nature of weapons * * *.'

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