What is the burden of proving possession of a firearm?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gaines, 295 F.3d 293 (2nd Cir. 2002):

To successfully challenge the sufficiency of the evidence underlying his conviction, defendant bears the heavy burden of showing when viewing the evidence in the light most favorable to the government, and drawing all inferences in favor of the prosecution, see Jackson v.

Page 300

Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) that no rational trier of fact could have found him guilty. See United States v. Payton, 159 F.3d 49, 55-56 (2d Cir.1998). There are two ways in which the government can prove possession within the meaning of 922(g). The first, actual possession, requires the government to show defendant physically possessed the firearm. The second, constructive possession, "exists when a person has the power and intention to exercise dominion and control over an object, [which] may be shown by direct or circumstantial evidence." Id. at 56. Thus, under constructive possession, an individual can possess a gun within the meaning of the statute without ever physically handling the firearm. In addition, under this theory, possession need not be exclusive. Id.

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