Appellee Tells Court People v. Tennyson Controls Whether a Gun Must Be Shown Operable
Appellee argued at oral argument that People v. Tennyson means a firearm is defined by its design and apparent capability rather than proof of current operability; counsel warned that requiring operability tests would contradict legislative intent in Title 10.
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At oral argument in CRA25-012, appellee counsel told the Supreme Court of Guam that People v. Tennyson governs the question of whether a weapon must be shown to be operable. "As this court said, in Tennyson... prosecution wasn't required to prove that it was operative or not," counsel said, urging the court not to depart from that approach when interpreting Title 10.
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