Q: How can they charge you with possession of a handgun if you didn't have one when you were arrested
A:
Possession of a firearm, or any item, does not depend on police finding on you at the time of your arrest. The prosecutor will need to prove one of the following, beyond a reasonable doubt, to secure a conviction:
1. That you had physical possession of the firearm at some point and time;
2. That you had constructive possession of the firearm - the ability to control the gun;
It is certainly more difficult to prove possession of a firearm if it's not found on the person, but not impossible. They are able to prove actual physical possession through statements from others; through video recordings; and from reasonable inferences. Constructive possession will depend on where the firearm was found, who had access to it, who controlled access to it, etc.
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