Person who takes stolen handgun from minor but does not promptly turn weapon over to police is not entitled to jury instruction on necessity defense

NECESSITY DEFENSE United States v. Al-Rekabi, No. 03-4158, ___ F.3d ___ (10th Cir. Jul. 17, 2006)(Utah). Appeal of conviction for possession of stolen firearm in violation of 18 U.S.C. § 922(j). HELD: Defendant who took stolen handgun from 12 year-old brother and then either kept it or turned it over to another person did not take actions reasonably calculated to prevent anticipated harm stemming from possession of stolen firearm by minor. Thus, defendant was not entitled to raise necessity defense in prosecution for possession of stolen weapon in violation of 18 U.S.C. § 922(j). A defendant who takes it upon himself to knowingly possess a stolen weapon, even if justified by circumstances, is required to render it safe and promptly turn it over to police or, if convicted felon, report incident to parole officer. Read the opinion here.