Presence of a gun in a vehicle under NY law means that:

• A. Only the owner possesses it
• B. Everyone in the vehicle is in possession
• C. No one is in possession
• D. The driver is the only possessor

Answer: (B)

In NY law, possession can be actual or constructive, and being in a vehicle with a firearm creates a situation where any occupant could exercise control over it. Because the gun is present in a space accessible to everyone in the car, each person is considered to have constructive possession—there’s potential to control the weapon even if it isn’t on their person. Ownership isn’t required for possession, and the firearm isn’t limited to just the owner or the driver; the presence in the car means all occupants are in possession for purposes of the relevant offenses. This is why the correct interpretation is that everyone in the vehicle is in possession.