Ernest M. Albano was tried in the Superior Court on the charge of carrying a firearm under his control in a vehicle in violation of G. L. c. 269, § 10 (a). A motion for a directed verdict was denied, his case submitted to the jury, and a guilty verdict returned. A mandatory one-year sentence was imposed on the defendant. Albano’s amended bill of exceptions was allowed by the court, and, on October
*133
21,1976, the Appeals Court sustained his exception to the denial of his motion for a directed verdict and entered judgment for the defendant. See
Commonwealth
v.
Albano,
The relevant facts are as follows: At approximately 4:30 A.M. on July 20,1975, a Metropolitan District Commission police officer, while sitting in a cruiser at the intersection of Broadway and Monsignor McGrath Highway in Somer-ville, observed an autombile, operating without headlights or taillights, proceeding toward him on Broadway. The officer was unable to read the license plate. Moving very slowly, the car turned onto Monsignor McGrath Highway and came to a stop in front of Duddy’s Tire Store, which was closed. The officer watched the vehicle for about one minute, and then drove up alongside the car. Albano was sitting in the driver’s seat; there was an unidentified male in the front passenger’s seat.
The officer asked Albano what they were doing there. Albano responded that they were “waiting for a couple of chicks.” The officer examined Albano’s license and the automobile registration. Both were valid. The registration indicated that the car was owned by Albano’s father. Subsequently, it was learned that the elder Albano approved his son’s use of the car.
The officer then inspected the exterior of the vehicle. The back license plate was not visible from the rear of the vehicle because a metal can had been “jammed” behind it. Sometime during this period Albano voluntarily opened the driver’s door and left it completely ajar. Shining his flashlight into the car, the officer viewed the butt of a gun protruding one and one-half inches from beneath the driver’s seat. The officer seized the gun, and after Albano stated that he had no permit to carry the firearm, the officer placed him under arrest.
The sole issue on appeal is the sufficiency of the evidence introduced by the Commonwealth as to the defendant’s knowledge of the presence of the gun. See
Common
*134
wealth
v.
Baron,
We start with the proposition that “[i]t is not enough to place the defendant and the weapon in the same car.”
Commonwealth
v.
Boone,
Classically, knowledge is proved by resort to “proof by inference from all the facts and circumstances developed at the trial.”
Commonwealth
v.
Holiday,
The defendant argues — and the Appeals Court held — that the evidence introduced at trial tended to show only that he was present in the vehicle at the time the weapon was discovered. If the defendant is correct in his assertion, the evidence would be insufficient to support the inference of knowledge, and a directed verdict proper.
Commonwealth
v.
Boone,
On review of the record, however, we find sufficient circumstantial evidence of the defendant’s knowledge to warrant submission of the case to the jury. We summarize that evidence. The defendant, properly licensed, had permission of the registered owner (his father) to use the car. He was driving in a commercial area at 4:30 a.m. (something well within his right to do). He was driving without lights and with his rear license plate obscured (arguably deliberately so). Moreover, he was seen stopping in front of a business establishment closed at that hour; the area was well lit. The defendant appeared nervous when questioned and his response could be viewed by the fact finder as not credible. Lastly, the butt of the gun was protruding from beneath the defendant’s seat, an area to which he had easy access.
Viewing, as we are bound to do, the above recounted evidence in a light most favorable to the government,
Commonwealth
v.
Sandler,
Knowledge may be inferred when the prohibited item is found in open view in an area over which the defendant has control. See
United States
v.
Story,
Accordingly, there was no error in the denial of the defendant’s motion for a directed verdict.
Judgment of the Superior Court affirmed.
