Can two people, both with prior felony charges, be charged with unlawful possession of a firearm? 7 Answers as of December 27, 2013

When the crime took place, the person initially charged with unlawful possession of a firearm by a felon was blamed for having the gun when it actually belonged to a backseat passenger in the car, who slid it under the driver seat when the driver was taken out the car by the police. Almost a year later, charges against the person, who the gun belonged to, were filed after an investigation proved it was his gun and bought by his girlfriend for him. Charges against the first person haven't been dropped, they're still trying to charge him with possession of the gun because his DNA is claimed to be on the gun.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Two people can be charged.
Answer Applies to: Georgia
Replied: 12/27/2013
Universal Law Group, Inc. | Francis John Cowhig
Unfortunately, they both can be charged and possibly convicted.
Answer Applies to: California
Replied: 12/10/2013
Law Office of John G. Galasso | John George Galasso
When a gun is found in a vehicle, all occupants can be charged with possession if it is acessible to all of them
Answer Applies to: Ohio
Replied: 12/10/2013
Tricia Dwyer, Esq. & Associates PLLC
Tricia Dwyer, Esq. & Associates PLLC | Tricia Dwyer, Esq.
Hello. First, you should not post details of this issue on a public website. Please do immediately confer with an attorney so she/he can assist you and advise you and help you with your needs. Your attorney will study and review all of the evidence.
Answer Applies to: Minnesota
Replied: 12/12/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Two people can be charged with the same gun. It could be possessed by more than one person. The State has to prove this though.
Answer Applies to: Michigan
Replied: 12/10/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    They can charge the person under the theory of constructive possession meaning he knew where the gun was and had reasonable access to it. This is a very serious charge and Minnie prosecutors will not offer please to reduce charges on them. He will need to be represented by an experienced criminal defense attorney that handles felon in possession of firearm charges. There is often other charges that go along with it as well such as CCW (carrying a concealed weapon) and felony firearm which has a minimum two year sentence that runs consecutively to the other charges.
    Answer Applies to: Michigan
    Replied: 12/10/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Yes, say they were both in the same car. If no one admits then they both get charged.
    Answer Applies to: Nebraska
    Replied: 12/10/2013
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