Merely possessing a handgun or other firearm in Tennessee is a crime if you have been convicted of a felony in the past. This crime is classified as a felony and carries stiff penaltiesâ€”including jail time and fines. Even if your citizenship rights have been fully restored, you can still be charged as a felon in possession. If you have been charged with this offense, you will want a skilled gun crimes attorney with the necessary experience to help you defend against these charges. Call a Knoxville gun crimes attorney today at Baker Associates.
Under T.C.A. Â§ 39-17-1307(b), a person commits an offense who possesses a "firearm" and has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon. These crimes include such offenses as aggravated assault, aggravated burglary, and aggravated kidnapping. An offense is also committed if the felon in possession has been previously convicted of a felony drug offense, such as possession of a controlled substance with intent to sale or distribute. Moreover, a person previously convicted of a felony that possesses a handgun violates T.C.A. Â§ 39-17-1307(c) regardless of the nature of the prior felony.
As used in the statute, ''possession'' of a weapon may be actual or constructive. A person who knowingly has direct physical control over a weapon at a given time is then in actual possession of it. A person who, although not in actual possession, knowingly has both the power and intention at any given time to exercise dominion and control over a weapon is then in constructive possession of it. For example, evidence was sufficient to support a finding of constructive possession of a firearm where police officers followed a suspect on foot, saw him crouch down between a house and a fence, and, later upon subsequent investigation, found a hand gun where the suspect had crouched.
"Firearm" under the statute means any weapon designed, made or adapted to expel a projectile (such as a bullet) by the action of an explosive or any device readily convertible to that use. "Handgun" means any firearm with a barrel length of less than twelve inches that is designed, made or adapted to be fired with one hand
An offense of felon in possession is a Class E felony. A Class E felony carries a possible sentence of less than a year and no more than a $3,000 fine.
Protecting the Rights of Our Clients
A person charged as a felon in possession of a firearm in Tennessee is facing long prison terms and steep fines. If you or a loved one has been charged with a gun crime, it is critical that you contact a Tennessee gun crimes lawyer immediately.
We have successfully represented individuals charged as a felon in possession of a firearm or handgun in Tennessee. In such cases, the stakes can be quite high. Don't take a chance by hiring an inexperienced attorney; get the most aggressive and skilled legal representation by calling Baker Associates today for a free consultation and case evaluation.
If you have been charged as a felon in possession, contact a criminal defense lawyer at our Knoxville area offices by completing the form below.
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Knoxville, Tennessee 37929
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Sevierville, Tennessee 37862
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Johnson City, Tennessee 37601
Unlawful Weapons Possession Defense Attorney Disclaimer: The felon in possession, weapons crimes, gun crimes, criminal defense or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a felony crime lawyer or criminal attorney at our law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.
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