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To: mmmary who wrote (3174)	5/29/2002 7:05:50 PM
From: Bear Down	Respond to of 12465

Irrelevant, I think the ammo was at the office But I wasn;t there so please don;t quote me

To: mmmary who wrote (3174)	5/29/2002 8:24:07 PM
From: EL KABONG!!!	Respond to of 12465

Just a little devil's advocate but what if... the gun and ammo belonged to his wife as her separate property? Point of law, it would make not a whit of difference... If the prosecutor was a hard-ass, and s/he wanted to pursue the issue, s/he could and would likely prevail on a violation of probation/parole. Even under the circumstances where the former felon had no idea the weapon and ammunition were present... On the other hand, a prosecutor with a more liberal attitude, and in a situation where there weren't any other aggravating circumstances, could elect to ignore the transgression and not prosecute, taking the position that no harm was done, no harm was intended and the presence of the weapon and ammunition in the convicted felon's home was incidental and not of his own doing. As for some background on this type of situation, when prisoners are (maybe were is a better word) released, there is usually some sort of counseling session where they are advised of what is acceptable behavior, and what deeds or actions would constitute a violation. To the best of my knowledge, parolees were always advised about being in the presence of weapons, even if the weapons were not theirs, and they didn't use them. Perhaps this counseling no longer takes place, or perhaps it is now a function of the parole officer. I don't really know for sure... We had a case very similar to what you describe just in the past year or two. A woman bought a weapon (alleged to be an ordinary, honest citizen) for his birthday. The son (or the woman) had the weapon, including ammunition. The son still lived (or returned to live) with his mother, or the woman hadn't yet presented the weapon to her son. The mother was living with a paroled felon (either a boyfriend or husband), and the prosecutor in the case was a hard-ass (don't know why) and put the felon back in jail. The circumstances were very clear that the felon knew nothing of the weapon, but he was returned to prison anyway. The case was appealed, but I'm not sure of any results yet. KJC