Skip to main content

Can you be charged with constructive possession of a firearm by a convicted felon without knowing there's a gun in the car?

Orlando, FL |
Filed under: Criminal defense

There's a gun in the console between the driver seat and passenger seat and it's closed, the vehicle is not yours, and you have no knowledge of the gun being in the vehicle.

Attorney Answers 5


You can certainly be charged with it, but being convicted of this offense is a different matter. Constructive possession is one area of the law that is still good for defense attorneys. It is a much better defense if there are other people in the car as well, but either way the state must prove that you knew about it and that you had the ability to control it. If you were the sole occupant of the vehicle, the jury is allowed to presume that you had knowledge of the gun. However, just because they are allowed to, doesn't mean they have to. Details regarding who the owner of the car is and where the gun was located will both be factors in that assessment. You may contact my office for a consultation if you wish.

Mark as helpful

9 lawyers agree


Yes. The argument is that because you had dominion and control over the area (console), you knew or should have known the gun was present. It is a weak case, but you can be charged. The state usually tests the gun for prints and/or DNA. If either come back to you the case becomes much stronger. Immediately hire an attorney.

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Mark as helpful

8 lawyers agree


Yes, you can be charged. Whether you can be convicted is another question. How can you prove that you had no knowledge? The owner of the car may know whether you knew. But if the owner is also a convicted felon, that would not work. Who knows that you did not know and is credible? Get an attorney on this.

R. Jason de Groot, Esq., 386-337-8239

Mark as helpful

4 lawyers agree


You have three direct answers all of which I agree with.

Mark as helpful

3 lawyers agree


You need to hire an attorney to assert your defenses. This is a serious charge.

This content is informational only and does not establish an attorney-client relationship.

Mark as helpful

1 lawyer agrees

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics