California, United States of America
The following excerpt is from People v. Engelstad, B280958 (Cal. App. 2018):
A conviction for being a felon in possession may rest on physical or constructive possession of the weapon. "Although the crime of possession of a firearm by a felon may involve the act of personally carrying or being in actual physical possession of a firearm, . . . such an act is not an essential element of a violation of [Penal Code section 29800, subdivision (a)(1)] because a conviction of this offense also may be based on a defendant's constructive possession of a firearm. [Citations.] 'To establish constructive possession, the prosecution must prove a defendant knowingly exercised a right to control the prohibited item, either directly or through another person.' [Citation.] [] Thus, . . . possession of a firearm does not necessarily require that the possessor be armed with it. For example, a convicted felon may be found to be a felon in possession of a firearm if he or she knowingly kept a firearm in a locked offsite storage unit even though he or she had no ready access to the firearm . . . ." (People v. White (2014) 223 Cal.App.4th 512, 524 [Penal Code former section 12021, subdivision (a)(1), now Penal Code section 29800, subdivision (a)(1)].)3 "The elements of unlawful possession may
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be established by circumstantial evidence and any reasonable inferences drawn from such evidence. [Citations.]" (People v. Williams (1971) 5 Cal.3d 211, 215 [drug possession].)
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