Friday, April 14, 2006

Interrupted Possession of Same Gun = Two Separate Charges

U.S. v. Baker, 2006 WL 906122 (4/10/06)(unpub'd) - The 10th notes that ordinarily a defendant cannot be charged with two counts of illegally possessing the same gun because the crime of possession is considered a course of conduct, not an individual act of dominion. But, there is an exception where the defendant is aware his possession is interrupted and then reacquires the weapon. That's what happened in this case where the defendant gave the gun to someone else to commit a bank robbery and then got the gun back.