During a routine inventory check, Officer Smith discovers a handgun in the locked office of Mark, who runs a retail store. Mark claims that he was unaware of the presence of the handgun. Assuming Mark did not authorize anyone else to possess the firearm in his office, which of the following must the prosecution establish to charge Mark with unlawful possession of the handgun?
That Mark attempted to hide the handgun from authorities.
That Mark had knowledge of the handgun in his office.
That Mark had exclusive physical control over the handgun.
To establish possession of the handgun, the prosecution must prove that Mark had knowledge of the firearm in his control. Possession offenses require both control over the object and awareness of its presence. The other options either focus on intent or actions that do not directly prove knowledge of possession.
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What does it mean to have knowledge of a firearm for possession charges?
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Why is intent to use the handgun unlawfully not required for possession charges?
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What does exclusive physical control over a firearm signify in possession cases?