What constitutes" possession" of a firearm?

As someone else mentioned, there is Actual possession, and Constructive possession. Actual possession is self-explanatory. It means you are holding the firearm in your hands. Borrowing one at the range is definitely possession.

Constructive possession means that the firearm is within a person's dominion and control. See eg Bolden v. Commonwealth, 654 S.E.2d 584 (Virginia 2008). There is NO WAY an item in a safe for which a person has no access is within a person's dominion and control. Two things could explain the result in your non-fiction story: (1) your non-fiction story contained a distortion of the true facts, or (2) the jury did not believe defendant's story that he did not know the combination to the safe.

That you have access to a firearm, on your person, in your car, at your home.

Below is the legal jargon

Possession of Firearms by Adults

The Firearms Act 1968 creates offences of:

Section 1 - Possession of a firearm/specially dangerous air weapon and certain ammunition without a certificate, (Archbold, 24.3);

Section 2 - Possession of a "shotgun" without a certificate (Archbold, 24.9); NB: Shotguns can fall within various sections, see Evidence to Charge below.

Section 5 - Possession of a prohibited weapon (Archbold, 24.19).

The above offences are subject to certain exceptions (Archbold, 24.28 - 24.34)

Possession

Section 1(1) of the Firearms Act 1968 creates an absolute offence.

The prosecution only has to show that the defendant knew he had something in his possession. It is irrelevant what he knew or thought it was (R v Hussain (1981) 72 Cr. App. R. 143; R v Waller Crim. L.R. 1991, 381; Sullivan v Earl of Caithness [1976] 62 Cr. App. R 105). (Archbold 24-6).

Possession is both proprietary and custodial (Distinction from "have with him" in criminal use offences) (Hall v Cotton and Treadwell [1987] 83 Cr. App. R 257 DC).

Chris

There are two types of possession. Actual and Constructive possession.

Actual possession is self explanatory, someone has it on their person.

Constructive possession is when it is available but not on their person. This would be as in a car with a weapon, or in a house with a weapon.

Being locked in a safe at his girl friends house is not a defense. If he asked, his girl friend would have given the combination to him if she wanted to stay on his good side, so it was constructive possession of a firearm.

If the house was a strangers house and he was visiting, it is not constructive possession because no one gives a stranger a combination to the safe.

It has to be under your domain or control.

Every state defines "possession" for their guns laws slightly differently, and you can look up what your state says, but generally speaking, physically holding a gun, or having control/access to a gun is possession. A gun found in your personal residence or glove box of your car would be in your possession, the same as one found in your hand.

he prob got a "possession" because when you are on parole or probation you are not to be around anyone with questionable character or around weapons or firearms. he was in the same house as a weapon--he's in possession. doesn't matter who it actually belongs to. he lived in the same house as the weapon.