Sylvia Johnson

The supreme court now holds that the term “transfer,” as used in section 18-12-111(1), includes temporary transfers and the shared use of a firearm. Thus, the evidence was sufficient to sustain the defendant’s conviction. The supreme court also concludes that although the defendant didn’t waive her constitutional challenges, she forfeited them. However, because there wasn’t a legal definition of “transfer” before today, any error in failing to further define the term for the jury wasn’t obvious and doesn’t warrant reversal for plain error. The supreme court therefore affirms the judgment of…