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Can I be charged with possession of a gun that isn't mine?

NJ Criminal Defense FAQ  |  See also:  NJ DWI FAQ

Q) Can I be charged with possession of a gun in a car, even if the gun isn't mine?

A) Yes.  When a firearm is found in plain view within a vehicle, not on the person of one of the occupants, it is presumed to be in the possession of all occupants of the vehicle.  Therefore, every person in the car may be separately charged with the crime of firearm possession.
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