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Criminal – Felon In Possession – Necessity Defense

Although defendant said his nephew threatened to return to defendant’s property with a gun, after the two had argued, defendant did not retreat or call the police, but instead retrieved several firearms of his own, and defendant’s claim of “necessity” does not persuade the Court of Appeals to overturn his conviction for illegal weapons possession.
Waller v. Commonwealth (Va.Ct.App.) (VLW 008-7-401) (10 pp.)

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