Published on 11/18/2025, 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’s common for multiple people to be charged—even passengers. Maryland law recognizes “constructive possession,” which can apply even if the gun is not on you. Here’s what that means and how we defend these cases.
What is constructive possession?
Possession is not just holding a gun. The State can allege you knew about the gun and had the ability to exercise control over it. In vehicles, prosecutors look at:
- Location of the gun (e.g., center console vs. trunk)
- Proximity and access (driver vs. rear‑seat passenger)
- Statements, fingerprints, or images
- Ownership and who had the keys
Learn how this interacts with prohibited‑person cases: Felon in Possession (PS 5‑133).
Common car scenarios
- Gun in the center console with multiple occupants
- Gun under the driver’s seat while the car is shared
- 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—more than mere presence.
How we defend car possession cases
- Challenge knowledge and access (who actually could control it)
- Suppress evidence after an unlawful stop or search
- Use timelines and alternative explanations to break the link
- Demand complete reports, lab records, and body‑worn camera
Know your rights during stops and searches: Inventory and consent searches and see practical tips: Gun in my car.
What charges are most common?
- Prohibited‑person possession under PS 5‑133
- Wear/carry/transport under CR 4‑203
- Enhancements: Firearm + drug trafficking, Firearm use in a crime of violence
What to do next
- Don’t guess in interviews; ask for a lawyer
- Save names, photos, and timelines
- Get a case review early
Need help now? Start at our hub: Maryland Gun Lawyer or contact us.
