Published on 11/19/2025, 12:00:00 AM

Constructive Possession of Guns in a Car: Who Gets Charged in Maryland?

When police find a gun in a car, it is common for multiple people to be charged, including passengers. Maryland recognizes constructive possession, which can apply even if the gun is not on your person. Below is what that means in plain English and how we defend these cases in court.

In Maryland, you can be charged with a gun offense even if the firearm was not on your person. Jurors are instructed that "possession" can be actual or constructive, and it can be sole or joint. The State must prove you knew about the gun and had the ability to exercise dominion or control over it. Proximity by itself is not enough. We use these jury instruction concepts to attack knowledge, access, and control, and to suppress evidence from illegal stops or searches.

What is constructive possession?

Under the Maryland Pattern Jury Instructions for possession, jurors are told:

• Possession is the exercise of dominion or control over an item.
• Possession can be actual or constructive, and it can be sole or joint.
• The State must prove the defendant knew of the item's presence and knew the nature of the item.
• Mere presence near an item or mere proximity in a shared space is not enough without proof of knowledge and the ability to exercise control.

In a vehicle, prosecutors usually argue constructive possession by pointing to facts about knowledge and control, such as who could reach the gun, who controlled the area where it was found, and what any person said or did.

The car factors jurors hear about in practice

When we try or negotiate these cases, the following facts tend to matter because they tie directly to knowledge and control:

• Location of the gun (center console, under a specific seat, glove box, trunk)
• Proximity and access (driver within reach versus rear seat passenger, locked versus unlocked compartment)
• Statements, fingerprints, DNA, or images that suggest knowledge or ownership
• Ownership and keys (who rented the car, who last drove, who controls the container)

You will often see the State argue that several occupants "constructively possessed" the same gun. The jury instructions allow for joint possession, but they still require proof that each accused person knew about the gun and could exercise control over it. In other words, guilt is not contagious.

Common car scenarios

• Gun in the center console with multiple occupants
• Gun under the driver's seat in a car used by several people
• Gun in a backpack on the floor, no one claims it
• Rental cars or borrowed vehicles

Not all of these prove possession. The State still has to show knowledge and control, which is more than simply being nearby.

How we defend car possession cases

We build the defense around what jurors will be told in the pattern instructions:

• Attack knowledge and access. If the State cannot prove you knew the gun was there and had the ability to control it, the possession element fails.
• Show alternative explanations. Shared cars, borrowed bags, and moving passengers undercut knowledge and control.
• Suppress unlawful evidence. If the stop, frisk, car search, or container search was illegal, the gun can be excluded.
• Demand complete discovery. We comb reports, body worn camera, fingerprints, DNA, lab notes, and CAD logs to test the State's theory of knowledge and control.
• Use timelines and maps. Who sat where, who had the keys when, and when the car or bag last changed hands often decides the case.

For more on search issues, see our pages on wear, carry, transport and our Maryland gun lawyer overview.

Who gets charged when a gun is in a car?

It depends on facts the State thinks tie a person to the gun. Police may charge everyone first and sort it out later. Our job is to force the State to prove, as the jury instructions require, what you knew and what you controlled, not just where you sat.

What charges are most common?

• Prohibited person possession under PS 5-133
• Wear, carry, or transport a handgun under CR 4-203
• Enhancements that pair firearms with other offenses, such as firearm use in a crime of violence or firearm plus drug trafficking

Read more about charge types and defenses on our gun charges hub and Maryland gun lawyer page.

FAQs

Does the State need to prove the gun was mine?

No. Ownership is not required. The question for jurors is possession, which means whether you knew about the gun and could exercise dominion or control over it. Possession may be joint, but the State still has to prove those elements as to you, not just someone else in the vehicle.

If the gun was near me, is that enough?

Not by itself. Mere presence or mere proximity is not enough without proof of knowledge and control. We focus jurors on that distinction using the pattern instructions and the actual layout of the car and containers.

What if the gun was in a shared console or bag?

Shared areas make joint possession a possibility, but the State still must prove you knew about the gun and could control it. Evidence like whose bag it was, who placed items in the console, and who had the keys matters.

What if the car was a rental or borrowed?

That helps the defense. Rentals and borrowed cars often weaken the State's proof on knowledge and control, especially if multiple drivers or riders cycled through the vehicle.

Can I still win if I made a statement?

Potentially. We analyze whether the stop and interrogation complied with the law. Unlawful statements can be suppressed, and even a statement does not fix gaps in proof about knowledge and control.

What to do next

• Do not guess in interviews. Ask for a lawyer.
• Write down names, seating positions, and timelines.
• Save any texts, photos, or ride receipts that show who used the car and when.
• Get a case review early so we can request video and challenge the stop or search.

Explore defenses and next steps on our Maryland gun lawyer page, our gun charges hub, and our wear, carry, transport guide. When you are ready, contact us for a free consultation.