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Palma: Facts Did not Support "Innocent Transitory Possession" Defense

By Tim Cone

In U.S. v. Palma, No. 06-14884 (Jan. 4, 2008), the Court rejected the defendant?s claim that, at his trial for being a felon in possession of a firearm and ammunition, the district court should have instructed the jury that a "transitory or temporary innocent possession" would be a defense to the charge. Without addressing whether this defense was valid generally, the Court noted that in Palma?s case the evidence that he entered a gun shop (with his then-girlfriend) twice, picked up the firearm, referred to it as "my gun," and requested, purchased and carried away ammunition for the firearm, did not support an "innocent transitory possession" instruction.

Full post as published by Defense Newsletter Blog on January 04, 2008 (boomark / email).