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[QUOTE="Ernj, post: 3699862, member: 494"]
There are 2 types of possession according to law, Actual and Constructive.

Actual possession: pretty obvious -- whoever is actually in possession of the item.
Constructive possession: no one is actually in possession of the item -- so whoever is near the item (usually arms reach) and can be in possession.

Example: There is a burglary. The cops show up at a someone's house with a search warrant. The owner of the house answers the door and is outside the house while the search happens. Inside, the police find items that were stolen during the burglary. The owner of the house is charged with possession of stolen property because the items were found in his house (constructive possession).

In this case, it was reported the gun was found in the passenger side door of the car, which is where he was sitting. He is within arms reach of the weapon, which falls under constructive possession. The driver could be charged also if as you said, he is the owner of car and determined to be the actual owner of the gun. If in center console both would be in close proximity so both would have constructive possession. Say it was in driver side door, and same situation described, Nunn would likely have neither actual nor constructive possession.
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