of respondent’s commission of the underlying felonies leads inescapably to the conclusion that appellant’s behavior was inherently dangerous to human life. DECISION Under an analysis based on the totality of the circumstances, respondent’s possession of a firearm was inherently dangerous to human life. Accordingly, we reverse the district court and hold that, where a loaded, stockless firearm is pointed at another and is discharged, resulting in death, felon in possession or possession of a stolen firearm may serve as predicate offenses to felony murder. Reversed. 1 . Most courts that have adopted the elements test have concluded that felon in possession of a firearm is not an inherently dangerous felony. See, e.g., People v. Satchell, 6 Cal.3d 28, 98 Cal.Rptr. 33, 489 P.2d 1361 (1971) (<HOLDING>), overruled, on other grounds hy People v.
holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense holding that same act may constitute both underlying felony and act clearly dangerous to human life except manslaughter holding that the trial court committed plain error by failing to require the state to elect which felony it was relying on for the defendants charge of employing a firearm during the commission of a dangerous felony holding enhancement on a general verdict for felony murder impermissible on account of possession of a firearm because possession of a firearm was an essential element of one but not all of the predicate felonies the state relied on to prove felony murder holding that under the elements test possession of a firearm was passive and not a felony inherently dangerous to human life