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RobCo

Riddle of the Day regarding the NJ Mag Ban

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Constructive Possession

The legal possession of an object, even if it was not in a person’s direct physical control. Often used in criminal law prosecutions for possession crimes, such as possession of illegal drugs. Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box, and the owner of a car may have constructive possession of the contents of its trunk. 

"Rendered Inoperable" - can't be reassembled into a functioning part.
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4 minutes ago, RobCo said:

Ok, thanks

What if you dont have all the parts - like the floor plate is missing?

Then it's not a magazine is it? =)  It does not function. 

Reading too much into this... as most gun owners do.

 

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49 minutes ago, Silence Dogood said:

nj doesnt have contructive posession in regards to magazines - just assault rifles

Constructive Possession

The legal possession of an object, even if it was not in a person’s direct physical control. Often used in criminal law prosecutions for possession crimes, such as possession of illegal drugs. Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box, and the owner of a car may have constructive possession of the contents of its trunk. 

"Rendered Inoperable" - can't be reassembled into a functioning part.

 

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I am just wondering... has anyone ever been busted in NJ for having a disassembled high capacity magazine anyway? 

I.e. not like Aitken case where he truly had a high cap... but someone having a high capacity magazine that was taken apart.  

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2 minutes ago, Maksim said:

I am just wondering... has anyone ever been busted in NJ for having a disassembled high capacity magazine anyway? 

I.e. not like Aitken case where he truly had a high cap... but someone having a high capacity magazine that was taken apart.  

Doubtful... but if they were, it was amongst some other charges..

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1 hour ago, Maksim said:

I am just wondering... has anyone ever been busted in NJ for having a disassembled high capacity magazine anyway? 

Probably not.  But the more relevant question is: Has anyone been observed by law enforcement to be in possession of a disassembled high capacity magazine and not been busted?  Again, probably not.  But if people aren’t being given a pass for disassembled mags, you can’t feel reassured because no one is being busted for them. 

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3 hours ago, RobCo said:

If you disassemble it and keep the parts in separate areas...is it still a mag? Or just a bunch plastic and metal?

Suppose I put my HC mags in a bag and flew them backwards around the earth, crossing the international dateline twice. Would it the be Monday for them and could I keep them one more day?

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3 minutes ago, BobA said:

Suppose I put my HC mags in a bag and flew them backwards around the earth, crossing the international dateline twice. Would it the be Monday for them and could I keep them one more day?

Don't think that will work... unless you can travel faster than the spin of the earth... Unless you were already at the international date line... but then you wouldn't give a rat's ass about NJ mag limits. =)

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51 minutes ago, Maksim said:

Don't think that will work... unless you can travel faster than the spin of the earth... Unless you were already at the international date line... but then you wouldn't give a rat's ass about NJ mag limits. =)

Damn.

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1 hour ago, Maksim said:

Don't think that will work... unless you can travel faster than the spin of the earth... Unless you were already at the international date line... but then you wouldn't give a rat's ass about NJ mag limits. =)

Superman did it back in 1978. 

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2 hours ago, BobA said:

Suppose I put my HC mags in a bag and flew them backwards around the earth, crossing the international dateline twice. Would it the be Monday for them and could I keep them one more day?

If you can arrange to fly at 98% of the speed of light (676,000,000 mph) for a couple days, when you come back all the current New Jersey legislature members will be dead.

The law may have lapsed by then.

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1 minute ago, 45Doll said:

If you can arrange to fly at 98% of the speed of light (676,000,000 mph) for a couple days, when you come back all the current New Jersey legislature members will be dead.

The law may have expired by then.

Yeah, I've been working on that one.  Last two times I tried my clothes burned off.  Wasn't pretty.

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5 minutes ago, BobA said:

Yeah, I've been working on that one.  Last two times I tried my clothes burned off.  Wasn't pretty.

A simple ride on the Enterprise at sub-light speed should do the trick Bob.  You won't hafta go to Warp #1 (186K mps in a vacuum), and the Inertial Dampeners and Shields should keep yer clothes from burnin' up, lol! :) 

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7 minutes ago, Smokin .50 said:

A simple ride on the Enterprise at sub-light speed should do the trick Bob.  You won't hafta go to Warp #1 (186K mps in a vacuum), and the Inertial Dampeners and Shields should keep yer clothes from burnin' up, lol! :) 

See?  This is why we need you, Rosey.  Always thinking out of the box.  Live long and prosper. 

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1 minute ago, BobA said:

See?  This is why we need you, Rosey.  Always thinking out of the box.  Live long and prosper. 

We're gonna give it our BEST SHOT!  So you do the same my friend :) 

Image may contain: one or more people, people sitting and outdoor

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1 hour ago, voyager9 said:

Did that sheet you’re wearing come with matching pillow cases?

FWIW it's a hand made period-correct linen hunting shirt that cost me $70, lol!

My toga costs a lot less & is easier to have sex in.  HA!  Gotcha back!

~R

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23 hours ago, RobCo said:

nj doesnt have contructive posession in regards to magazines - just assault rifles

Per the NJ Courts:

CONSTRUCTIVE POSSESSION

            The law recognizes that possession may be constructive instead of actual.  A person who, with knowledge of its character, knowingly has direct physical control over a thing, at a given time, is in actual possession of it.

            Constructive possession means possession in which the possessor does not physically have the item on his or her person but is aware that the item is present and is able to and has the intention to exercise control over it.  So, someone who has knowledge of the character of an item and knowingly has both the power and the intention at a given time to exercise control over it, either directly or through another person or persons, is then in constructive possession of that item.

 

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18 minutes ago, Silence Dogood said:

Per the NJ Courts:

CONSTRUCTIVE POSSESSION

            The law recognizes that possession may be constructive instead of actual.  A person who, with knowledge of its character, knowingly has direct physical control over a thing, at a given time, is in actual possession of it.

            Constructive possession means possession in which the possessor does not physically have the item on his or her person but is aware that the item is present and is able to and has the intention to exercise control over it.  So, someone who has knowledge of the character of an item and knowingly has both the power and the intention at a given time to exercise control over it, either directly or through another person or persons, is then in constructive possession of that item.

 

So if I know (aware) someone who has an item and I can access (power and intent)  it within some small, arbitrary time frame or distance,  I'm considered in "constructive possession"?

I have read but kept out of this discussion for 18 pages, stifling myself from making a fool of myself. But if my understanding is correct, PLEEEZE, come on,,,,,,???

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38 minutes ago, Silence Dogood said:

Per the NJ Courts:

CONSTRUCTIVE POSSESSION

            The law recognizes that possession may be constructive instead of actual.  A person who, with knowledge of its character, knowingly has direct physical control over a thing, at a given time, is in actual possession of it.

            Constructive possession means possession in which the possessor does not physically have the item on his or her person but is aware that the item is present and is able to and has the intention to exercise control over it.  So, someone who has knowledge of the character of an item and knowingly has both the power and the intention at a given time to exercise control over it, either directly or through another person or persons, is then in constructive possession of that item.

 

Ok, so I know where, and can easily get, a 30 round magazine, just drive over to a cabelas in PA. Do I go to jail now without passing go?

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19 hours ago, Smokin .50 said:

A simple ride on the Enterprise at sub-light speed should do the trick Bob.  You won't hafta go to Warp #1 (186K mps in a vacuum), and the Inertial Dampeners and Shields should keep yer clothes from burnin' up, lol! :) 

Hyperdrive > Warp

Q > Ancients > Asgard > Federation

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3 hours ago, MartyZ said:

Ok, so I know where, and can easily get, a 30 round magazine, just drive over to a cabelas in PA. Do I go to jail now without passing go?

With the current a$$holes in Trenton - "yes, please. Trenton State or Rahway?"

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5 hours ago, Silence Dogood said:

Per the NJ Courts:

CONSTRUCTIVE POSSESSION

            The law recognizes that possession may be constructive instead of actual.  A person who, with knowledge of its character, knowingly has direct physical control over a thing, at a given time, is in actual possession of it.

            Constructive possession means possession in which the possessor does not physically have the item on his or her person but is aware that the item is present and is able to and has the intention to exercise control over it.  So, someone who has knowledge of the character of an item and knowingly has both the power and the intention at a given time to exercise control over it, either directly or through another person or persons, is then in constructive possession of that item.

 

By that definition, having access to the internet and a credit card is constructive possession for anything. 

Can we also define “Consteuctive Enforcement” where the state can enforce a law however they feel like based on external agendas. 

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