Gun Possession: Actual and Constructive

Written by:Julian Stroleny PortraitJulian Stroleny

Once you’ve been arrested or charged with Possession of a Firearm by a Convicted Felon, possession has to be established to successfully convict you. There are two types of gun possession: Actual Possession and Constructive Possession. It is important to know the difference between the two since each produces a different sentencing outcome following a successful conviction. If you have been charged with illegal gun possession, contact a criminal defense attorney immediately to protect your rights and take the appropriate measures.

Actual possession is simple to identify. It can occur in the following three ways: if a firearm is in the hand of or on the person or if it is in a container in the hand of or on the person or if it is so close as to be within ready reach and is under the control of the person. Either of these ways can produce of finding of actual possession. Actual possession carries a three-year minimum mandatory sentence and can be combined with other penalties including 15 years in prison, 15 years of probation and $10,000 in fines.

Constructive possession is somewhat different. It arises when the firearm is in a place over which the accused individual has control or in which the accused person has concealed it. Therefore, unlike actual possession, it is not actually on the accused person or within the accused person’s immediate grasp. However, it is somewhere that can be accessed by the accused person. Although constructive possession does not carry a minimum mandatory sentence, it can still produce severe penalties such as up to 15 years in prison or 15 years of probation as well as $10,000 in fines.

Possession of either kind can produce a successful conviction of a Possession of a Firearm by a Convicted Felon charge. Contact experienced Miami criminal defense attorney Julian Stroleny at Stroleny Law: Criminal Defense Attorney to learn about your options and resolve any gun possession charges.

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