Felon in Possession of Firearm

In Tennessee, a person who is convicted of certain criminal offenses will lose their right to have a firearm. Thereafter, the simple possession of a gun may result in a felony charge. If you have been charged as a felon in possession of a firearm, you can retain a Nashville gun crime lawyer to represent you. Attorney Bernie McEvoy understands that in many cases, the stakes are higher for defendants with prior convictions. He can work tirelessly to defend against felon in possession of a firearm charges in Davidson and Williamson Counties.

People generally have a constitutional right to keep and bear arms in the United States. The possession, use, and sale of firearms, however, are subject to state and federal regulations and may be restricted as provided under such laws. Concealed carry permits, firearm bans in airports and federal buildings, and the use of weapons to commit a crime are a few examples of how the right to bear arms may be limited. Moreover, some people are completely prohibited from possessing guns. This group includes minors, undocumented immigrants, and some convicted felons, among others.

It is a crime to unlawfully possess a firearm in Tennessee if you have been convicted of a violent felony crime or an attempted violent felony crime. These crimes include murder, voluntary manslaughter, rape, burglary, kidnapping, carjacking, aggravated sexual battery, aggravated robbery, aggravated assault, felony child abuse, and aggravated child abuse, as well as other crimes. In addition, it is illegal to possess a firearm if you were previously convicted of any felony involving use of a deadly weapon or any felony drug offense. It is important to note that this offense is not limited to prior convictions that occur in Tennessee. A person with an out-of-state conviction for a corresponding crime under Tennessee law may face charges for unlawful possession of a firearm.

A felon in possession of firearm offense is a Class B felony if the prior conviction was for a violent felony crime, an attempted violent felony crime, or any felony involving the use of a deadly weapon. If convicted, the penalties may include incarceration for a period of eight to thirty years and a maximum fine of $25,000. The offense is a Class C felony if the prior conviction was for a felony drug offense, punishable by three to fifteen years in prison and a fine up to $10,000.

In Tennessee, it is a crime to possess a handgun if you have been convicted of any felony offense, regardless of the nature of the offense. Felon in possession of a handgun is a Class E felony, punishable by one to six years in prison and a maximum fine of $3,000. However, there are exceptions. This law does not apply if you were pardoned for the prior offense, your felony conviction has been expunged, or your civil rights were restored pursuant to an order that does not specifically prohibit you from possessing firearms. In addition, it is a defense if you possessed a handgun in justifiable defense of yourself or another during the commission of a crime in which you or the other person was a victim. A lawyer can provide further details regarding exceptions and defenses that may be available in your case.

If you are facing a felon in possession of a firearm charge, a lawyer can provide guidance and defense representation. Attorney McEvoy can assist people who have been charged with felony weapons offenses in Nashville, Franklin, and other locations throughout Davidson and Williamson Counties. Schedule a free consultation with an experienced defense attorney by calling (615) 255-9595 during business hours or (615) 804-8779 after hours and on weekends, or you can submit a contact form to us online.