EllsBells wrote:Does anyone know the basis for Judge King adding "felony firearms" to the list of alleged crimes? There was no evidence that I recall about the gun being illegally procured or not registered to BB, unless he's basing it on the Dateline segment that Boob insists he doesn't own a gun.
Not that I'm averse to piling on, just curious ...
.
kittygirl wrote:I am curious about that too, Ells. Because they didn't produce any evidence as to the gun being used in the commission of a crime and at the time of Bob's physical possession of the gun he was not yet considered a felon because he hadn't committed the act of soliciting Joe Gentz yet.
Bricktop wrote:Could he have the court clerk check to see if there was a gun registered to blob, or would it be up to the lawyers to state that? I wonder if it was in any court documents that there was no gun registered to blob?
Excerpted from the Michigan Penal Code:
"750.227b Carrying or possessing firearm when committing or attempting to commit felony; “law enforcement officer” defined.
Sec. 227b.
(1)
A person who carries or
has in his or her possession a firearm when he or she commits or
attempts to commit a felony, except a violation of section 223, section 227, 227a or 230, is guilty of a felony, and shall be imprisoned for 2 years....."
BBM
No legal eagle, but I'm curious too, and am wondering Kitty if "possession" can extend to the fact the firearm is kept in one's safe deposit box (or any off premises site, for example) as the box was in Bob's name too. He was the only other one with a key. I mean, geez, he could have easily gone to the bank in June 2012, retrieved the gun and handed it to Tibaudo, you know? I'm thinking that's where "has in his or her possession" comes from?