Person did not have "Constructive Possession" of a Firearm in Houston County, Alabama

One of the most charged crimes in the state of Alabama and in federal court is felon in possession of a firearm or possession of a firearm without a permit.

There are a lot of guns on the street and considering how dangerous the world is almost everybody should own a firearm for personal protection. Right to own a firearm is the Second Amendment for a reason and our Founding Father’s believed it was necessary.

In March, 2016, Dothan Police received a call of gun shots being fired in a housing project. The police went to the housing project and asked neighbors if they had heard any gun shots or seen anyone with a gun. The only information the police received was that someone may be driving a red, burgundy or maroon SUV. There was not a description of any person.

Later, the police officer found a Ford Explorer parked in a driveway close to the housing project. The Defendant was the driver and sitting in the car with three other people. The police found 2 guns in the car in various locations. The Defendant denied knowing that there were any guns in the car. The Defendant was charged with possession of a pistol without a permit in K.S. v. State of Alabama.

The Defendant was found to be delinquent in Family Court for possessing a firearm without a permit. The case was appealed and Reversed.

The Defendant was correct to argue that he did not have physical possession or constructive possession of the firearms. The appellate court agreed and stated that there is no statutory presumption that the presence of a forbidden weapon in an automobile is evidence of its possession by any of its occupants. Further, the court added that there must be additional proof beyond a reasonable doubt.

If you are charged with possession of a firearm without a permit or a felon in possession of a firearm, contact Alabama criminal attorney, Ingram Law LLC, at (205) 236-3997.

We have represented many of people related to firearm cases and will be glad to assist you as well.

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