What is the test for unlawful possession of a firearm?
California, United States of America
The following excerpt is from People v. Reyes, B264694 (Cal. App. 2016):
As a result of these principles, "not every commitment offense for unlawful possession of a gun necessarily involves being armed with the gun, if the gun is not otherwise available for immediate use in connection with its possession, e.g., where it is under a defendant's dominion and control in a location not readily accessible to him at the time of its discovery." (People v. Elder (2014) 227 Cal.App.4th 1308, 1313-1314.)
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"A firearm can be under a person's dominion and control without it being available for use. For example, suppose a parolee's residence (in which only he lives) is searched and a firearm is found next to his bed. The parolee is in possession of the firearm, because it is under his dominion and control. If he is not home at the time, however, he is not armed with the firearm, because it is not readily available to him for offensive or defensive use. Accordingly, possessing a firearm does not necessarily constitute being armed with a firearm." (People v. Osuna (2014) 225 Cal.App.4th 1020, 1030, fn. omitted.)
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