Difference Between Immediate Possession and Immediate Control
In State v. Eickelberg, 574 N.W.2d 1, 4 (Iowa 1997) the supreme court of Iowa has defined and noted a distinction between the concepts of "immediate possession" and "immediate control."
In State v. Eickelberg, the court stated:
"While immediate possession, as found in section 124.401(1)(e), may require the firearm to be located on the defendant's person, immediate control necessitates only that the firearm be in such close proximity to the defendant as to enable him to claim immediate dominion over the firearm." Id.
Iowa Code section 124.410(1)(e) provides:
A person in the immediate possession or control of a firearm while participating in a violation of this subsection shall be sentenced to two times the term otherwise imposed by law, and no such judgment, sentence, or part thereof shall be deferred or suspended.