Legal Question in Criminal Law in Arizona
Can a person be charged with illegally possesing a firearm if the guns belonged to a significant other and/or any other person that lives with the defendent? My friend is being charged with illegally possessing a firearm that was not his it was owned by someone else that lived with him that was the true owner of the gun. And if not, how would he go about proving that the gun did not belong to him?
Asked on 1/28/11, 8:58 am
1 Answer from Attorneys
Timothy Linnins
Linnins Law, PLLC
They can charge him if he had access to the gun or could've used the gun. They call it constructive possession. As for proof, it's the state's burden to prove the offense beyond a reasonable doubt. If your friend has been charged, he should seek the services of an attorney.
Answered on 2/08/11, 3:13 pm
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