YOGEBEAR09
RAM Gang. Horns up
Because it’s nighttime and the gun is black?
Because it’s nighttime and the gun is black?
With regard to the concealed weapons charge.
The prosecution does not have to prove “ownership” or even that Tory brung it into the car himself.
It’s an illegal gun. It’s illegal to have an illegal gun in your car period. Only way you are getting out of that charge is if someone in the vehicle is willing to go in and take the charge and admit it was theirs.
It was tory’s car, the weapon was found there. As far as the law is concerned it was in tory’s possession.
I think you’re confused. If you have your mom’s knife in your pocket for safety that is ownership/possession which = carrying. If someone is about to stab someone and you steal their knife to stop them that is not carrying as there is no ownership. Just because you touched the knife doesn’t mean you’re carrying it. If your mom put her knife in your car without your knowledge , that doesn’t mean you’re carrying it. If you put your mom’s knife in your car then that means you are carrying as now you have ownership of the fact that it’s there which = carrying. Carrying has to involve possession/ownership regardless of who purchased the weapon.the examples say nothing about "owner" because that not what matters lol. you can have something in your pocket and not be the "owner" of it. you can have something in your car seat and not be the "owner" of it, you can hold something and not be the "owner". what matters here is that they are "carrying" it, and it list examples of carrying, not owning. the thing about the law is that the definitions are very specific, you can't just throw words in there that don't matter, that's not how legal reasoning works.
and the cops and DA choose who to charge. they charged him because that's what the facts indicated to them. i'm just posting the law and the facts that happened. yall are free to your opinions tho as is the jury!
I think it becomes carrying once you take that gun into your car after the fact and drive off.I think you’re confused. If you have your mom’s knife in your pocket for safety that is ownership/possession which = carrying. If someone is about to stab someone and you steal their knife to stop them that is not carrying as there is no ownership. Just because you touched the knife doesn’t mean you’re carrying it. If your mom put her knife in your car without your knowledge , that doesn’t mean you’re carrying it. If you put your mom’s knife in your car then that means you are carrying as now you have ownership of the fact that it’s there which = carrying. Carrying has to involve possession/ownership regardless of who purchased the weapon.
He didn’t even attempt to make that defense.Not true. You need to show knowledge. If someone brings a gun into your car and you don’t know, thats a legal defence. Or if you bring your friends briefcase into your car, and you didn’t know it contained a gun, thats a legal defence.
Constructive possession can also refer to items inside of a vehicle. It is possible for the owner and driver of the vehicle to be in constructive possession of all items inside their car. If a minor were to be driving their car with passengers who have possession of alcohol or any illegal substance, the driver may be cited for constructive possession
Because it’s nighttime and the gun is black?
He didn’t even attempt to make that defense.
The gun wasn’t in a briefcase. Or in any one else’s possession. It was on his car seat.
That’s a really difficult charge to get out of, unless you can actually prove it’s someone else’s.
Read above breh1. You originally said the only way to avoid being guilty for that charge is if someone else takes the fall. Thats not true. I didnt say Tory’s team has argued a strong defence, i was only responding to what you stated about the charge itself.
2. If we are talking about Tory avoiding being guilty for that charge, wasn’t one of the points of EJ’s testimony that Meg and/or Kelsey may have had a gun in their bags? And that he may have seen a gun in one of their bags in the past, but he wasn’t 100% on that? And that Kelsey’s bag had been in the trunk when they left but was then moved to the middle seat?
I think you’re confused. If you have your mom’s knife in your pocket for safety that is ownership/possession which = carrying. If someone is about to stab someone and you steal their knife to stop them that is not carrying as there is no ownership. Just because you touched the knife doesn’t mean you’re carrying it. If your mom put her knife in your car without your knowledge , that doesn’t mean you’re carrying it. If you put your mom’s knife in your car then that means you are carrying as now you have ownership of the fact that it’s there which = carrying. Carrying has to involve possession/ownership regardless of who purchased the weapon.