Legal Question in Criminal Law in Arizona

Prohibited Posseser of a weapon

I would like to know how my boyfriend, who is the prohibited possesor, can get help on a charge that he is being charged with. He is charged with possesion of a weapon by a prohibited person. He was selling the gun. He has a friend that has been keeping his gun safe at his house until he gets his rights back. My boyfriend does not live at this house. My boyfriend and his friend went to the house were his gun safe is. His friend got the gun out and put it in a locked gun case and then gave it directly to my boyfriends friend so that he could put it in the trunk of his car. My boyfriend never touched the gun and did not have access to get to it once it was in his friends car because he didnt have a key to the trunk. He did have a key on his key ring for the locked gun case but so did his friend that was driving. When they took the gun to the guy that was supposed to buy it, no one was there. On there way to take the gun back to the safe they got pulled over for a traffic violation. His friend got out of the vehicle and said that everything in the vehicle was his. He has been in prison ever since for the things that they foun


Asked on 11/29/00, 12:55 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Prohibited Posseser of a weapon

This is an area which always causes considerable confusion.

The answer is this: A convicted felon may not put himself in a position where he is able to exercise dominion and control over a dangerous instrumentality. Period. No exceptions.

It is not necessary that he own or possess a firearm, only that he is able to exercise dominion and control over it. In other words, if he can gain access to the firearm through a combination of circumstances which he is able to put into motion, he can be found guilty of the offense.

Basically there is no rationale which will permit the scenario which you describe to avoid the charges he is faced with.

Project Exile means business. I hope convicted felons will take heed.

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Answered on 12/03/00, 8:26 pm


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