What evidence supports constructive possession, custody or control of a firearm?

A firearm (and ammunition) can be under a person's dominion and control without it being available for use, such as where it is in his or her residence even when the defendant is not present. (People v. Blakely, supra, 225 Cal.App.4th at p. 1052.) Evidence of a gun found protruding from the center portion of the floorboard, under the front seat of a defendant's car at a time when he was driving supports a finding of constructive possession, custody or control. (People v. Nieto (1966) 247 Cal.App.2d 364, 367, 368.)

In Nieto, a firearm was found under the central part of the front seat of the car which the defendant was driving. The passenger testified that the gun was his and the defendant testified that he did not know about the gun. Nevertheless, the court found the presence of the gun under the front seat, together with the defendant's admission that he lied when police asked for the passenger's name, constituted substantial circumstantial evidence that the defendant was in possession of the gun. (People v. Nieto, supra, 247 Cal.App.2d at pp. 366-367.)

In People v. Miranda, supra, 192 Cal.App.4th 398, defendant was in a vehicle involved in a police pursuit. A police officer saw unidentifiable objects being thrown out of the back windows of the vehicle during the pursuit and later, along the pursuit route, pieces of a shotgun were found. The condition of these pieces was consistent with having been thrown from a moving vehicle. Based on this evidence, the reviewing court concluded it was reasonable for the jury to infer that the defendant and the others were

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