A sentencing judge cannot find that a prohibited person possessed firearms for a criminal or sinister purpose based solely on the nature of the firearms, the offender's criminal history (where that history does not involve violence or use of firearms), and the offender's failure to provide a credible explanation for possession. The failure to provide a credible explanation cannot support an inference of criminal purpose without inverting the onus of proof. The [name withheld] categories remain non-prescriptive guidelines, not fixed sub-categories constraining the sentencing discretion.
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