People v. Rodríguez
People v. Rodríguez
Opinion of the Court
delivered the opinion of the court.
The appellant was convicted of carrying a prohibited weapon and of a violation of the Act regarding’ the registration of firearms. The two cases were tried on the same evidence in the lower court and were likewise consolidated in this appeal. The appellant urges that the lower court erred in overruling the demurrer filed in the prosecution for a violation of the said act; that it similarly erred in weighing the evidence in both cases; and lastly that the judgments are contrary to law and the evidence.
In his argument thereon, the defendant said:
‘ ‘ The allegation fails to state the domicile of the defendant during-the thirty days following the date when Act No. 14, approved July 8, 1936, and subsequently amended, became effective. It is not alleged that at that time the defendant was the owner or possessor of the firearm claimed to have been kept by him. Your honor, there-is no allegation, subsequent to the period of thirty days allowed by said act for registering the weapon, regarding the domicile of the defendant or the date of the acquisition by him of the weapon in. question, so as to oblige him to register the same within the period of thirty days. Your honor, there is no allegation as to the number and make of the revolver alleged to be in the possession of the-defendant at the time stated in the information.”
Section 7 of Act No. 14 of July 8, 1936 (Laws of that yearv Third Special S'ession, p. 128), as amended by Act No. 95 of May 12, 1937 (Laws of 1936-37, p. 231), in its pertinent part, reads as follows:
“Section 7. — Every person who, for any reason, has any firearm-in his possession when this Act takes effect shall be obliged so to-declare, in writing, not later than the thirtieth day after the day on which is made the last publication of the edicts provided for in Section 9 of this Act, to the chief of the Insular Police of the district where he resides. Likewise, every person obtaining in any manner the control or possession of any firearm after this Act is in force-shall be obliged so to declare, in writing, to the chief of the Insular-Police of the district where he resides. . . .
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“After the expiration of the term for the registration of firearms-in the above-prescribed manner, the fact of possessing a firearm the-possession or control of which has been obtained without complying with the provisions of this Act, or of failing to declare it as provided in this section, shall be prima facie evidence that such firearm has-been obtained, is possessed, or is carried, illegally.”
Courts take judicial notice of the date when statutes-go into effect, and as the date is stated in the information in the instant case when the weapon, which had not been regis
The third assignment is predicated on the two preceding ones, and as the latter are without merit, the former is likewise groundless.
Therefore, the judgment appealed from must be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.