What is the test for constructive possession and actual possession of a firearm?

California, United States of America


The following excerpt is from People v. Gutierrez, B251621 (Cal. App. 2014):

Jeffers (1996) 41 Cal.App.4th 917, 922.) "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. [Citations.]" (People v. Pena (1999) 74 Cal.App.4th 1078, 1083-1084.) Thus, "more than one person may possess the same contraband . . . [and] [p]ossession may be imputed when the contraband is found in a place which is immediately accessible to the joint dominion and control of the accused and another. [Citations.]" (People v. Miranda (2011) 192 Cal.App.4th 398, 410.)

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