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And that thread was just getting good....

Thread in 'Law & Order' started by MegaFan, Apr 12, 2018.

  1. MegaFan

    MegaFan ODT Junkie!

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    Let the comments begin...

    You probably could just sit back and relax, have a cold one, and wait for them (the G-Men) to return your "personal property" to you, as described below in Georgia Code, assuming you are the rightful owner of such confiscated personal property (declaring your innocence of aiding/abetting a felon in the commission of a crime):

    "(a)(1) Except as provided in Code Sections 17-5-55 and 17-5-56 and subsections (d), (e), and (f) of this Code section, when a law enforcement agency assumes custody of any personal property which is the subject of a crime or has been abandoned or is otherwise seized, a disposition of such property shall be made in accordance with the provisions of this Code section. When a final verdict and judgment is entered finding a defendant guilty of the commission of a crime, any personal property used as evidence in the trial shall be returned to the rightful owner of the property within 30 days following the final judgment; provided, however, that if the judgment is appealed or if the defendant files a motion for a new trial and if photographs, videotapes, or other identification or analysis of the personal property will not be sufficient evidence for the appeal of the case or new trial of the case, such personal property shall be returned to the rightful owner within 30 days of the conclusion of the appeal or new trial, whichever occurs last."

    However, by Federal Code, if you cannot establish your innocence of aiding and abetting a felon's firearm ownership, An individual who aids and abets a felon's firearm ownership can be charged as an accomplice to the felon-in-possession offense, pursuant to 18 USC § 2(a). The circuit courts currently are split over whether a defendant charged with aiding and abetting a felon under § 922(g)(1) can be held strictly liable for knowing the principal's status as a convicted felon. Some circuits apply a strict liability standard, while other circuits insist that the defendant must possess knowledge or "reasonable cause to believe" that the principal is a convicted felon for the defendant to be convicted as an accomplice under § 922(g)(1).
     
  2. palmettomoon

    palmettomoon The Hen that laid the Golden Legos Supporter

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    This isn't related to the bullet hole in the bathroom mirror, is it?
     
    LouHill and Bagman like this.
  3. RNC

    RNC redneck country boy Supporter

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    Fishweed maybe :fish:
     
  4. jeep78

    jeep78 The Hen that laid the Golden Legos Supporter

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    "An individual who aids and abets a felon's firearm ownership can be charged as an accomplice to the felon-in-possession offense, pursuant to 18 USC § 2(a)."

    And we have a winner!

    When you admit on the (forever) internet you provided a known felon gunz, you ain't getting them back, and may be his future cellmate.
     
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  5. fast306stang

    fast306stang The Hen that laid the Golden Legos

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    Nope, this was a new thread entirely...
     
    jeep78 and MegaFan like this.
  6. BDR1

    BDR1 The Hen that laid the Golden Legos

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  7. fast306stang

    fast306stang The Hen that laid the Golden Legos

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    There was 2 replies last time I saw the thread, did he actually know his friend was a felon? Did his friend know what all was in the trunk?
     
  8. Swab

    Swab ODT Junkie! Supporter

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  9. Hayata

    Hayata The Hen that laid the Golden Legos

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    My advice was to report the car stolen...
     
  10. MegaFan

    MegaFan ODT Junkie!

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    Thursday morning gossip... nothing to it, so just move along, right?
     
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