Does a defendant have actual possession or constructive possession of a firearm?
California, United States of America
The following excerpt is from People v. Brimage, F072110 (Cal. App. 2018):
" 'A defendant possesses a weapon when it is under his dominion and control. [Citation.] A defendant has actual possession when the weapon is in his immediate possession or control. He has constructive possession when the weapon, while not in his actual possession, is nonetheless under his dominion and control, either directly or through others.' " (People v. Pena (1999) 74 Cal.App.4th 1078, 1083-1084.)
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