Defendant was a convicted felon. Defendant kept a gun in a safe within his home. Evidence was presented that Defendant knew the safe combination and therefore had access to the gun. While having “access” to a gun does not sound the exact same as “possessing” a gun, the law defines possession as 1) actual or 2) constructive; constructive possession is when a person “has the power and the intention at a given time to exercise dominion or control over the object…”. Defendant was convicted of 571.070.1.
State v. Ludemann, No. 31652 (MO. App. S.D., November 26, 2012).