If a defendant is charged with felony possession of a firearm, what must the state prove?

In a felony possession of a firearm charge, the state must establish that the defendant was in possession and control of the firearm. This typically involves demonstrating that the defendant had actual or constructive possession of the firearm — meaning they either physically held it or had the ability to exercise control over it.

Possession is a critical element in such cases, as it determines whether the defendant can be held responsible for the firearm, regardless of its status (such as whether it was stolen or registered, or if it was used in a crime). The focus is on the defendant's connection to the firearm itself rather than its history or the circumstances surrounding its use. As a result, proving that the defendant had possession and control is essential for the state to secure a conviction in a felony firearm possession case.