What is the test for showing possession of a firearm?
California, United States of America
The following excerpt is from People v. Serrato, B237489 (Cal. App. 2013):
and were irrelevant to show planning or availability of weapons].) In other words, "[e]vidence of possession of a weapon not used in the crime charged against a defendant leads logically only to an inference that defendant is the kind of person who surrounds himself with deadly weapons -- a fact of no relevant consequence to determination of the guilt or innocence of the defendant. [Citations.]" (People v. Henderson (1976) 58 Cal.App.3d 349, 360.)
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