What must be established for constructive possession of a firearm by a felon?

For constructive possession of a firearm by a felon, it is essential to establish evidence of control or dominion over the firearm. Constructive possession does not require the firearm to be physically in the individual's hands or immediate vicinity; instead, it is sufficient to demonstrate that the person has the ability to exercise control over the firearm and, consequently, the authority to use it.

This principle recognizes that possession can be more than just direct physical control. For example, if a person is found in a location where the firearm is present and there is evidence that they have the ability to access and control that firearm, it supports the assertion of constructive possession.

Factors that might substantiate control or dominion can include the proximity of the firearm to the person, ownership of the premises where the firearm is located, or the ability to retrieve the firearm. Thus, the focus is on the relationship between the individual and the firearm, affirming their legal responsibility regarding its presence, particularly in the context of prior felony convictions which disqualify the individual from legal firearm possession.