of a legal fee; see US Supreme Court on 18 May, Tony Henderson v United States, 2015. In order to support a conviction, the prohibited person must know that a firearm is present; dominion and control must be knowing; mere proximity or “the accessibility to contraband is not enough”. This issue frequently arises from unfortunate selection of traveling companions. The Eighth Circuit ruled, have “We repeatedly stated that mere presence as a passenger in a car from which the police recover contraband or weapons does not establish possession.” This sounds encouraging but as a practical matter a prohibited person found in proximity to a firearm will cause no end of suspicion. One gentleman was arrested for illegal possession of three firearms. The court ruled that he was not in constructive possession of the handgun in his wife’s purse ruling possession is “Constructive ownership, dominion, or control over the item itself or control over the premises in which the item is concealed. Although a defendant’s exclusive occupancy of a place may establish his dominion and control over an item found there, his joint occupancy of a place cannot, by itself, support the same conclusion.” The court reasoned that no evidence indicated the guest of honor’s knowledge of his wife’s gun. When the police entered the room he admitted to the presence of only two guns. The court believed that this indicated he did not know about the third gun.
of a legal fee; see Tony Henderson v United States, US Supreme Court on 18 May, 2015. In order to support a conviction, the prohibited person must know that a firearm is present; “the dominion and control must be knowing; mere proximity or accessibility to contraband is not enough”. This issue frequently arises from unfortunate selection of traveling companions. The Eighth Circuit ruled, “We have repeatedly stated that mere presence as a passenger in a car from which the police recover contraband or weapons does not establish possession.” This sounds encouraging but as a practical matter a prohibited person found in proximity to a firearm will cause no end of suspicion. One gentleman was arrested for illegal possession of three firearms. The court ruled that he was not in constructive possession of the handgun in his wife’s purse ruling “Constructive possession is ownership, dominion, or control over the item itself or control over the premises in which the item is concealed. Although a defendant’s exclusive occupancy of a place may establish his dominion and control over an item found there, his joint occupancy of a place cannot, by itself, support the same conclusion.” The court reasoned that no evidence indicated the guest of honor’s knowledge of his wife’s gun. When the police entered the room he admitted to the presence of only two guns. The court believed that this indicated he did not know about the third gun.
NBI-Missouri-Gun-Law-CLE-2018.docx