What is the test for constructive possession of a firearm?

MultiRegion, United States of America

The following excerpt is from U.S. v. Payton, 159 F.3d 49 (2nd Cir. 1998):

The government need not prove that Payton physically possessed the firearm to establish a 922(g) violation; proof of constructive possession is sufficient. See United States v. Rivera, 844 F.2d 916, 925 (2d Cir.1988). Constructive possession exists when a person has the power and intention to exercise dominion and control over an object, and may be shown by direct or circumstantial evidence. See id. The government need not disprove that the weapon was subject to the dominion and control of others. See id. at 926.

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