A motion to dismiss should be denied if there is substantial evidence to support each essential element of the offense charged. Substantial evidence is evidence from which any rational trier of fact could find the fact to be proved beyond a reasonable doubt. In this case, Defendant only disputes the evidence relating to the first element of the offense, i.e., his ownership, possession, etc. of the handgun, and we therefore only address that issue. The dispositive question is whether Defendant possessed, controlled, or had the handgun in his custody and care. Possession of any item may be actual or constructive.
Actual possession requires that a party have physical or personal custody of the item.
A person has constructive possession of an item when the item is not in his physical custody, but he nonetheless has the power and intent to control its disposition. 95 N.C. App. The handgun was purchased and owned by Defendant's wife and Defendant was a passenger in the front seat of the automobile. Both Defendant and his wife had equal access to the handgun, but there is no evidence otherwise linking the handgun to Defendant. 81 N.C. App.