Dist. Ct. did not err in denying defendant’s request to present innocent possession defense at trial on felon in possession of firearm charge. In order to present such defense, defendant must show that: (1) firearm was attained innocently and held with no illicit purpose; and (2) possession of firearm was transitory in sense that defendant’s actions demonstrated that he had intent to turn weapon over to police immediately and through reasonable course of conduct. Defendant failed to satisfy second element, where defendant stated that: (1) he removed loaded firearm from third-party’s vehicle and left firearm on bottom shelf of Goodwill store that was full of people, including children; and (2) he hid from police in maintenance closet at said store and revealed location of firearm only after his arrest.
Federal 7th Circuit Court
Criminal Court
Firearms