The Gun Under the Seat: Why It's Legally Yours

Introduction

In Tulsa, when you are driving, you are in control of more than just the steering wheel.  Oklahoma law defines your control extends to the vehicle's contents through a legal principle known as constructive possession, and it is the reason that a gun under your passenger's seat can be considered legally in your possession, even if you never physically touch it.

Actual versus Constructive Possession

Think of it this way: possession can be either actual or constructive.  Actual possession is straightforward - the object is on your person, in your hand, or in your pocket.  Constructive possession, however, applies when you know an object is present and you have the ability—or even just the opportunity to control it.

Dominion and Control

When a firearm is in the car you are driving, the law often presumes you have both knowledge and control. As the driver, you have dominion over the entire vehicle.  You can decide who gets in, where they sit, and what can be brought inside.  Because of this control, the law can infer that you know about the gun's presence and have the ability to access it.  A prosecutor can therefore argue that by allowing the gun to remain, you implicitly gave it permission to be in your vehicle.

Traffic Stop

This concept becomes critical during a traffic stop.  If an officer finds a firearm under a seat, they will likely hold the driver responsible.  Proving you were unaware of the weapon becomes a difficult uphill battle.  The legal burden often shifts to the driver to prove their own ignorance, which is a significant legal challenge.

Ultimately, the driver is responsible for everything in their vehicle.  Understanding constructive possession is crucial for any driver, as it highlights a legal reality: a weapon in your car can be legally treated as a weapon in your hands.

Who Do I Call?

If you are facing a weapons charge in Tulsa Oklahoma, your first step should be to contact an experienced criminal defense attorney. The team at Boeheim Freeman Law has a proven track record of successfully defending clients against complex charges like constructive possession. Don't leave your future to chance. Contact Boeheim Freeman Law, a top-rated criminal defense law firm in Tulsa, for a consultation today.

Author: Brian J. Boeheim, Managing Partner

Sponsored by: Boeheim Freeman Law, onyourworstday.com, 918-884-7791.