Quote:
Originally Posted by Hand
The article doesn't say whose gun it was. I believe that there is a stipulation with some types of felonies that you cannot own a firearm, nor can you be within reach of one that is not specifically in the 'possession' of someone you are in the presence of. Given that an occupant of the vehicle (passenger) was a felon, I don't blame the officer a bit. If the weapon actually was legally registered to another occupant and the weapon was not returned after the stop, then I would be of a different mind.
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"..................They ran a background check and found that a passenger, Gregory Ketelson, had a prior felony conviction. Officers arrested him for being in unlawful possession of a gun..................."
Once again a ruling that appears reasonable - at the time and for that incident.
But once again a ruling that appears to expand police powers beyond the intent.
Now to change the subject - Correct me if I'm wrong but all you folks packin' after the Tornado's hit NC were breaking the law. I do think Bev declared a state of emergency. And that goes for folks transporting weapons from their storm damaged house to a friends home.
Well, maybe you were safe that time. Bev was missing and so was the Lt Gov.
"...14‑288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions.
(a) Except as otherwise provided in this section, it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area:
(1) In which a declared state of emergency exists; or
(2) Within the immediate vicinity of which a riot is occurring.
(b) This section does not apply to persons exempted from the provisions of G.S. 14‑269 with respect to any activities lawfully engaged in while carrying out their duties.
(c) Any person who violates any provision of this section is guilty of a Class 1 misdemeanor. (1969, c. 869, s. 1; 1993, c. 539, s. 192; 1994, Ex. Sess., c. 24, s. 14(c).)..............."
As a mater of fact the whole 14-288 is worth a quick glance through...
http://law.onecle.com/north-carolina.../14-288.1.html