Under what circumstance can a person be considered in possession of a firearm found in a vehicle?

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A person can be considered in possession of a firearm found in a vehicle primarily if they were the driver at the time the firearm was found because possession can be determined by the degree of control or access to the firearm. When someone is driving a vehicle, they have physical control over the environment within it, which includes any items present, such as a firearm. This establishes a direct link between the person and the firearm, making it reasonable to conclude that they had access to and, therefore, could possess the firearm.

The other choices imply situations where possession may not be established clearly. For example, if someone else is driving the vehicle, the individual may not have direct control over the firearm. Similarly, if a person is not in the vehicle at all, they cannot be considered to have possession of the firearm since possession generally implies being able to control or access the item. The legality of a firearm's registration does not determine possession; it only affects the legality of ownership and use. Hence, being the driver at the time the firearm is found is the most straightforward indication of possession.

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