Fire Cos. Bldg. Corp. v. Commissioner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting the argument that the State must prove that the defendant was armed at the time of arrest
• noting the deadly weapon statute is directed at more than the protection of the police, the legislature also intended to deter armed crime and to protect victims from armed crime
• defendant armed where police found him at the bottom of stairs 6 to 10 feet away from loaded revolver in a holster hanging on a nail
• constructive possession of a rifle under the bed at the time of a drug arrest held insufficient to prove defendant “armed” under the deadly weapon enhancement statute
• “A deadly weapon must be accessible and readily available, and a nexus must be established between the defendant (or an accomplice) and the weapon, and the crime.”
• right to bear arms could be negatively impacted without temporal nexus requirement

Source: CourtListener parenthetical corpus (CC0).