On May 22, 1996, Perriman and a friend were driving to a basketball game when police stopped the friend's car for a tag violation. Police found a gun in the car and also determined that Perriman was a convicted felon. He was charged with carrying a concealed weapon and possession of a firearm by a felon. No fingerprints were found on the weapon, and both men testified that Perriman had no knowledge the gun was in the car. At trial, the jury posed a question to the judge during deliberations: Was it a crime if the felon did not know the gun was in the car? The judge did not answer the question, but told jurors to refer to their written instructions. They convicted Perriman, and the Third District Court affirmed but certified the case to the Supreme Court.