Felon in Possession of Firearm

Felon in Possession of Firearms Charges

In Tennessee as in many states across the country, felons lose some of their rights after a felony conviction.  One of the key loss of freedoms is the ability to carry a firearm – a constitutional right protected under the U.S. Constitution under the Second Amendment and under the Tennessee Constitution under Article I, Sec. 26.  Both enshrine into law the “right to keep and bear arms.” 

How the Felon (Dis)Possession of Firearms Works

However, felons lose those rights in Tennessee.  And if a felon is found in possession of a firearm, he or she can be charged with a new felony.  The penalties vary depending on the previous conviction.  What this means is that if you have a prior conviction for a “felony crime of violence” and you are caught with a firearm, then you can be charged with a Class B felony.[1]  If you have a prior felony conviction for a drug offense and you are caught with a firearm, you can be charged with a Class C felony.[2]  If you have any prior felony conviction and are caught with a firearm, you can be charged with a Class E felony.[3]

Tennessee law classifies felonies into five categories — A felonies, B felonies, C felonies, D felonies, and E felonies.[4] Class A felonies are the most severe and Class E are the least severe. But, all are really serious.  The sentence range for a Class A felony is 15-60 years, 8-30 for a Class B felony, 3-15 for a Class C felony, 2-12 for a Class D felony, and 1-6 for a Class E felony.[5]

Thus, at a minimum, a felon charged with unlawful possession of a firearm is facing an additional felony charge and an additional prison sentence of at least one year.  This is serious business.  

There are exceptions if you received a pardon for your prior felony conviction, if your prior felony conviction has been expunged, or if you received a restoration of rights and the restoration order does not prohibit you from carrying firearms.[6]

Contact Philip Clark if Facing Felon Gun Possession Charges

Obviously, if you are facing felony possession of firearms charges, you need a good criminal defense attorney well-versed in the state’s gun laws and criminal code dealing with felony charges. If you are facing such gun possession charges as a felon, contact Nashville-based attorney Philip Clark.  Mr. Clark believes in the Second Amendment and Article I, Sec. 26 of the Tennessee Constitution.  He also believes that people with prior felony convictions deserve a second chance.  He will fight for your rights and defend you during the process.  

He not only has handled many felon gun possession cases, but he also formerly served as a police officer for nearly twenty (20) years.  He knows the ins and outs of police procedure. Bottom line,   if you face felon gun possession charges, contact Philip Clark at (615) 678-1033 or e-mail him at philip@tncriminaldefenseattorney.com.

[1] Tenn. Code Ann. §39-17-1307(b)(2). 

[2] Tenn. Code Ann. §39-17-1307(b)(3).

[3] Tenn. Code Ann. §39-17-1307(c)(2).

[4] Tenn. Code Ann. §40-35-110.

[5] Tenn. Code Ann. §40-35-111.

[6] Tenn. Code Ann. §39-17-1307(c)(1)(A)-(C).

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