Constructive Possesion

What you should Know

Can a convicted felon be in the same vehicle, home or business that is occupied by a person with a firearm?

Possession and Constructive Possession And Felony Convictions

Felon in car or home with a person that is in the possession of a firearm.

Possession and Constructive Possession Explained Question : Can a convicted felon be in the same vehicle, home or business that is occupied by a person with a firearm. Answer: yes – but first a person must understand Possession and Constructive Possession. If the person with the firearm is the sole possessor of the firearm and that you are not able to exercise control over it. For instance, the CPL holder must be carrying a firearm on their person, they cannot keep the gun in the glove box, under seat or anywhere in the vehicle that would allow a convicted felon to have access to the handgun. That could be construed as constructive possession. Constructive possession allows you to be charged with a serious crime even when the guns or drugs are not found on you. Usually this will happen when you are the driver or passenger of a car where the guns or drugs are found, or when they are found in a home you occupy. To fully understand this legal concept, it is helpful to start with a definition of the term “constructive.”

Constructive possession when a person does not have actual possession , but has the power to control an asset, he/she has constructive possession. Having the key to a safe deposit box, for example, gives one constructive possession.

With constructive possession it is the possession that is implied or inferred . According to Black’s Law Dictionary, constructive possession occurs “where one does not have physical custody or possession but is in a position to exercise dominion or control over a thing.” Michigan courts recognize that the term “possession” includes both actual and constructive possession. Accordingly, a person has constructive possession if there is proximity to the article together with indicia of control. Said differently , a person has constructive possession if the location of the drugs or the gun is known, and it is reasonably accessible to the person. Physical possession is not necessary if the person has constructive possession. Constructive possession can be established with circumstantial evidence.

When trying to understand this concept , another place to look is the standard Michigan Criminal Jury instructions. These are used to explain legal concepts to jurors and are considered to be a correct summary of Michigan law. Reading from M Crim JI 12.7 the judge will say this to the jury about the meaning of possession: Possession does not necessarily mean ownership. Possession means that either: • The person has actual physical control of the [substance / thing], as I do with the pen I’m now holding, or • The person has the right to control the [substance / thing], even though it is in a different room or place. • Possession may be sole, where one person alone possesses the [substance / thing]. • Possession may be joint, where two or more people each share possession. • It is not enough if the defendant merely knew about the [state substance or thing]; the defendant possessed the [state substance or thing] only if [he / she] had control of it or the right to control it, either alone or together with s omeone else.