What must be true for an opportunity in a 2 prong test?

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For an opportunity in a two-prong test, it is essential that the subject had unrestricted access to the weapon. This is critical because the concept of opportunity hinges on the ability of an individual to utilize the weapon if they choose to do so. Unrestricted access implies that the subject is not only aware of the weapon's location but also has the means to use it without barriers or limitations.

This understanding is grounded in the evaluation of potential threats in an operational context, where recognizing whether a subject can access a weapon informs the level of risk posed. For example, even if a subject is physically in contact with a weapon, or if the weapon is in view, these factors alone do not ensure that the subject has the ability to effectively utilize it in a threatening manner. Similarly, training in weapon use is important but does not matter if the opportunity to access the weapon is absent. Therefore, the crux of the two-prong test focuses on both opportunity and capability, with unrestricted access being a critical factor in assessing that opportunity.

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