#173 Could you unknowingly be a felon under the legal trap of constructive intent?

[gunforhire 826]

GFHR 173 Could you unknowingly be a felon under the legal trap of constructive intent? Find out this week on Gun For Hire Radio http://content.blubrry.com/gunforhireradio/GFH_Episode_173.mp3

[illy 1]

Taylor ham!

[illy 1]

It's not too late to offer PTI. They can make that offer up until the case is finalized (sentenced or dismissed).

[Newtonian 453]

Could you summarize this concept so we know whether it's worth listening to?

[illy 1]

Could you summarize this concept so we know whether it's worth listening to?

GFH Radio show is always a good listen.

 

Re: PTI. Anthony mentioned that the prosecutor in Atlantic county said he needs more time to consider Shaneen Allen's case. Anthony wasn't sure of PTI was still an option (it is).

 

Her next court date was scheduled for 10/06 and they pushed back two weeks. Hopefully it's good news for her.

[illy 1]

Also, Anthony said pork roll. And here I thought he was from North Jersey.

[maintenanceguy 510]

I haven't heard the program yet but constructive intent: you purchase a 30 round magazine. You also own a rifle that will take that magazine. You are charged with both ownership of the magazine (a law which you intentionally broke) and with ownership of an illegal rifle even though you never attached the magazine to the rifle.

 

For constructive intent to apply, you have to do one illegal act that results in an unintended other illegal act.

 

A lot of internet gun talk mixes up "constructive intent" with "constructive possession" with nj's law that says you can't own all the parts of an assault rifle. If you own all the parts of an assault rifle, NJ law says it's illegal. So no charge of constructive anything is needed - you broke the law straight out.

 

Constructive possession (different than constructive intent) says that if you have control over something, you still possess it even if you don't. Store a flash supressor at your friends house but you could pick it up whenever you want and it's constructive possession.