The riffle was not in my possession nor was it mine, I was Driving A vehicle that did not belong to me, I had a passenger in the vehicle, he claimed it 3 times they took the riffle from the backseat, unzipped its case, left bullets in the car. The gun was not loaded either and it was in a case. Zipped up but not in either one of our possessions. Is this an unlawful arrest?
(1) The rifle was in your possession unless you did not know it was there. If you did not know it was there, and you claim this, the State has to prove affirmative links between you and the firearm. If they do, you lose. If they fail, you win. Do not testify at your trial because if you do, and you are convicted, on appeal of a case you may be able to win on appeal, you lose, because the jury does not have to believe you when you testify you didn't know the firearm was in the vehicle. The other guy can claim the firearm, but the jury does not have to believe him. It's hunting season, rifle season for white tail, so it is not illegal for the rifle to be in the vehicle. If you are more than five years off paper since your last conviction making you a felon it is not illegal for YOU to have the rifle in your possession, under Texas law. It is illegal for you to EVER have a firearm in your possession under federal law, EVER. And cases have shown a felon sitting next to a locked safe, and the firearm was found to be in his possession. Courts ... what can I say? In your post you claimed your passenger "claimed" the firearm 3 times ... then you close with "... but not in either one of our possessions..." Quit talking about this ... with each word you hang yourself higher ... Be quiet, get a lawyer, and good luck to you...
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