People convicted of felonies often lose the right to own weapons, and the mere act of possessing a firearm can result in significant penalties. The State must prove each element of a charged firearm offense through competent evidence, though, and if it cannot, it should not be able to obtain a conviction. Recently, a Washington court assessed what constitutes sufficient proof of possession of a real firearm, in an opinion arising out of an appeal of an unlawful possession conviction. If you are accused of illegally owning a gun, it is in your best interest to consult a skilled Washington weapons charge defense attorney to assess your rights.
The Defendant’s Arrest and Trial
It is reported that a police officer approached a car that was parked in a closed parking lot. There were two people sitting in the front seats, and the defendant was sitting alone in the back seat. The officer noticed a semiautomatic weapon on the floor of the car by the defendant’s feet. The defendant would not keep his hands in view, after which he was removed from the car. The officer obtained consent to search the vehicle and retrieved the gun.
Allegedly, he then obtained a warrant and found a holster for the gun under a blanket in the backseat, illicit substances, and paraphernalia related to the sale of illegal drugs. The defendant was charged with multiple gun and drug crimes. He was convicted, after which he appealed, arguing in part that there was insufficient evidence to prove that he was in possession of an actual firearm.