Can you be be charged with possession of a firearm by a convicted felon if the car you were in was not registered to you and you did not know it was in the trunk?

My boyfriend borrowed someone’s car and
went to the store. He was pulled over
and car was searched. A gun was found
in the trunk and he was charged with
possession of firearm by a convicted

Asked on June 13, 2016 under Criminal Law, Louisiana


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A person can be arrested for felon in possesion of a firearm if they are driving a vehicle and a firearm is found in the vehicle.  It can be considered "possesion" because they are exercising control over the vehicle.  However, this does not mean they are without defenses or that a conviction is automatic.  The steps you have already taken will be helpful at trial to prove that the possession of the firearm was not intentional-- but instead accidental.  The DA may or may not believe your witnesses... but if the witnesses are as strong as what they seem, a jury may believe that your boyfriend was not in possession and thereby aquit him.

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