UK ex-soldier faces jail for handing a discovered gun over to the police
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From: Lacey, WA
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I would be interested if there was a bag with some random heavy metal thing in it in my yard. If it was raining I would probably at least carry it over to the garage by the garbage can to open it up. And as soon as I picked it up it would be in my possession. I find garbage in my yard all the time and throw it away. Last thing I think it could be is some illegal weapon or drugs or something that could get me in trouble if I pick it up.
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You're not in possession by simply moving it. It has to be actually on you or in your "care and custody". If it's inside your home or car, that's possession. If it's on your person, that's possession. If you move it to where there's light so that you can see it, that's not possession. The dictionary definition of possession doesn't matter. The legal definition is what matters.
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QUOTE (187sks @ Nov 16 2009, 10:00 PM)
And I don't know the legal definition in the UK, but I'm betting picking it up and moving it qualifies.
If it's the same as the US, no, it doesn't qualify.
