Define "possession"

[Sgt.K]

Bear with me, this is a real question.

Situation 1: A single man, living alone in NJ, is arrested for something (charge is irrelevant for this posting). Upon searching his house pursuant to a legal search warrant, the police find a handful of 20- and 30‑round AR magazines. He is then charged with a dozen counts of possession of magazine over 10 rounds.

Situation 2: A single man, living alone in PA, is arrested in NJ for something (charge still irrelevant for this posting). Upon searching his house pursuant to a legal search warrant, the police find a handful of 20- and 30‑round AR magazines. Can he be charged by NJ with possession of magazine over 10 rounds?

Neither man had the magazines in their physical possession, but man #1 possessed them adequately to receive a PMITA stay at the grey‑bar hotel. Given that courts have ruled that “shall not be infringed” doesn’t mean what it says, and that ATF can now claim that a piece of plastic is now a machine gun, is it possible that a court in NJ could rule that possession of the magazines in the home – under the control of ONLY man #2 – is sufficient to trigger charges under the new law?

Non-gunners are often astonished at the complexities of firearm law. I, sadly, am not, so I like to be as sure of them as possible. I don’t want to seem paranoid, but it IS the 3^rd Circuit…

[gghbi]

First IANAL...
I do not believe that NJ state law can be enforced in PA with rare exception like hot pursuit across the state line, and I am not sure about that. I am sure some of the resident legal eagles will either confirm or deny this. If the person is a 'prohibited person' under Federal law that could cross the state lines.

[SevenMilePete]

Bear with me, this is a real question.

Situation 1: A single man, living alone in NJ, is arrested for something (charge is irrelevant for this posting). Upon searching his house pursuant to a legal search warrant, the police find a handful of 20- and 30‑round AR magazines. He is then charged with a dozen counts of possession of magazine over 10 rounds.

Situation 2: A single man, living alone in PA, is arrested in NJ for something (charge still irrelevant for this posting). Upon searching his house pursuant to a legal search warrant, the police find a handful of 20- and 30‑round AR magazines. Can he be charged by NJ with possession of magazine over 10 rounds?

Neither man had the magazines in their physical possession, but man #1 possessed them adequately to receive a PMITA stay at the grey‑bar hotel. Given that courts have ruled that “shall not be infringed” doesn’t mean what it says, and that ATF can now claim that a piece of plastic is now a machine gun, is it possible that a court in NJ could rule that possession of the magazines in the home – under the control of ONLY man #2 – is sufficient to trigger charges under the new law?

Non-gunners are often astonished at the complexities of firearm law. I, sadly, am not, so I like to be as sure of them as possible. I don’t want to seem paranoid, but it IS the 3^rd Circuit…

How does a NJ LEO get a search warrant for a home in PA?

[SIGFAN86]

How does a NJ LEO get a search warrant for a home in PA?

They can't. NJ Leo have no rights or authority in Pennsylvania. Although I'm sure they wish they did. And quite a few PA residents wished they would try

[chp1911]

What is the search warrant for? Are the magazines in "plain view" or are they found while the police were looking for what was specified on the search warrant?

[middlefinger]

.

If the crime was a serious Felony ..... Yes they could get a warrant for the PA home

No .... he couldn't be charged for the magazines because they are legal in PA

[Sgt.K]

No .... he couldn't be charged for the magazines because they are legal in PA

So, the issue for man #1 is that there were magazines in NJ, and they were his, not just that he owned them?

Again, I have read some tortured rulings...

[middlefinger]

.

if you are in possession of them while in NJ you can be charged

If you are in NJ and the magazines are in PA you cant be charged

[knight0334]

Man #1 is shit out of luck.

Man #2 cannot be charged if the magazines are within PA. Possession/ownership of >10rd mags aren't illegal in PA.


Possess = to have control and custody of an item, or merely have factual or de facto ownership in some situations.

[Sgt.K]

if you are in possession of them while in NJ you can be charged

I am in NJ. Mags are in *my* house in PA, where only I live. Who is in possession of them?

Possess = to have control and custody of an item, or merely have factual or de facto ownership in some situations.

I guess that's my question, then. What situations apply when?