What is the test for a charge of possession of a firearm in a vehicle accident?

California, United States of America


The following excerpt is from People v. Bernardo, D071728 (Cal. App. 2017):

"Conviction under the statute requires proof that the 'defendant carried within a vehicle a firearm capable of being concealed on the person,' the 'defendant knew the firearm was in the vehicle,' the 'firearm was substantially concealed,' and the 'vehicle was under the defendant's control or direction.'" (People v. Aguilar (2016) 245 Cal.App.4th 1010, 1017.)

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