VA · jury_instructions
Va. Model Jury Instr. Crim. No. 18.810
Actual and Constructive Possession of Firearm—Definition
To knowingly and intentionally possess a firearm means that a person is aware of the presence
and character of the firearm and has actual physical possession or constructive possession of it.
Constructive possession means that the person has dominion and control over the firearm. Mere
proximity is not enough.
Possession need not be exclusive; it may be shared with another. The length of time of the
possession is not material.
Ownership or occupancy of the [premises; vehicle] in which a firearm is found does not create a
presumption that the owner or occupant either knowingly or intentionally possessed such firearm.
Such ownership or occupancy is a fact which may be considered with other evidence.
Possession may be proved by acts, declarations or conduct of the defendant from which it may
be fairly inferred that he was aware of the presence and character of the firearm at the place
found.
History
Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- crim-2025-10-01
- Content hash
4f35d821c74ab89368a45c0fe80f1060c039344d2f7573acf3b412e4c7b43470
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