Being charged with felon in possession of a firearm in Tennessee is serious, and it can follow you long after the arrest. But that does not mean the case is automatically a conviction. In many situations, the evidence is not as clear as police reports make it seem, especially when the firearm was found in a vehicle, a shared home, or somewhere multiple people had access to.
If you are asking, “Can I beat this charge?” the answer depends on what the state can actually prove. The prosecution must show more than the simple presence of a gun. They must connect it to you in a legally valid way, and they must do it using evidence that was obtained lawfully.
What is Felon in Possession of a Firearm in Tennessee?
Under federal law 18 U.S.C. § 922(g), it’s illegal for anyone convicted of a felony to possess a firearm or ammunition.
Tennessee has a similar state law under TCA § 39-17-1307, which prohibits convicted felons from possessing firearms.
The penalties are severe:
Federal charges:
- Up to 10 years in federal prison
- Mandatory minimum 15 years if you have three prior violent felony or serious drug convictions (Armed Career Criminal Act)
- No parole in the federal system
State charges:
- Class E felony (1-6 years)
- Class B felony if the firearm was used in the commission of certain felonies (8-30 years)
These charges are taken seriously by both federal and state prosecutors, especially in West Tennessee, where gun crime is a priority.
Can You Actually Beat a Felon in Possession Charge?
Yes, but it depends entirely on the specific facts of your case.
We’ve gotten felon in possession charges dismissed or won acquittals by challenging:
- Whether you actually possessed the firearm
- Whether you knew the gun was there
- Whether the search that found the gun was legal
- Whether your prior conviction qualifies as a felony under the law
- Whether your constitutional rights were restored
The key is understanding what the government must prove and where their case is weak.
What the Government Must Prove to Convict You
To convict you of felon in possession, prosecutors must prove three elements beyond a reasonable doubt:
1. You Were Previously Convicted of a Felony
This usually isn’t disputed. Prosecutors introduce certified copies of your prior conviction records.
However, sometimes there are challenges.
- Was the prior conviction actually a felony under federal or Tennessee law?
- Was it a conviction that prohibits gun possession?
- Have your rights been restored?
2. You Possessed a Firearm
This is often where cases get won or lost. “Possession” has a specific legal meaning.
Actual possession: The gun was on your person: in your hand, pocket, waistband, or backpack.
Constructive possession: The gun wasn’t on you, but you had knowledge of it and the ability to control it.
Constructive possession is much harder for prosecutors to prove, and it’s where many defenses succeed.
3. You Knew You Possessed the Firearm
The government must prove you knowingly possessed the gun. If you genuinely didn’t know the firearm was in your car, home, or bag, that’s a defense.
Defenses That Can Beat Felon in Possession Charges
Every case is different, but here are the most effective defenses we use:
The Gun Wasn’t Yours (Lack of Possession)
Just because a gun was found near you doesn’t mean you possessed it.
In cases involving multiple people, prosecutors often cannot prove beyond a reasonable doubt that you were the one possessing the firearm.
You Didn’t Know About the Gun
Even if the gun was in your car or home, if you didn’t know it was there, you didn’t knowingly possess it.
Illegal Search and Seizure
If police found the gun through an illegal search, that evidence gets suppressed. Without the gun, there’s no case.
According to Mapp v. Ohio and the Fourth Amendment’s exclusionary rule, illegally obtained evidence cannot be used against you.
Your Prior Conviction Doesn’t Qualify
Not every prior conviction counts as a “felony” under federal or Tennessee law for purposes of this charge.
Some state convictions that are called “felonies” don’t qualify under federal definitions, particularly older convictions or those from other states.
Your Gun Rights Were Restored
In Tennessee, convicted felons can have their gun rights restored under certain circumstances. If your rights were legally restored before you possessed the firearm, you have a complete defense.
How We Fight Felon in Possession Charges in Memphis
At Harvey Criminal Defense Lawyers, we take an aggressive, detailed approach to every felon in possession case.
We Investigate the Evidence
We examine police reports, witness statements, where the gun was found, who else had access, fingerprint and DNA evidence (or lack thereof), and statements you made.
We Challenge the Search
We file motions to suppress if police violated your Fourth Amendment rights. If the search was illegal, the gun gets thrown out, and the case often gets dismissed.
We Challenge Constructive Possession
If the gun wasn’t on your person, we attack the government’s claim that you constructively possessed it. We show that others had equal access and that there’s no evidence connecting you to the firearm.
We Negotiate or Go to Trial
If we can’t get the case dismissed, we negotiate for reduced charges or alternative sentences. If the government won’t offer something reasonable, we take the case to trial and make them prove every element beyond a reasonable doubt.
What to Do If You’re Arrested for Felon in Possession
If you’ve been arrested or are under investigation for felon in possession of a firearm, follow these steps:
Do Not Talk to Police
Anything you say about the gun, how you got it, or who it belongs to can be used against you. Politely invoke your right to remain silent.
Say: “I’m not answering any questions without my lawyer.”
Do Not Consent to Searches
If police ask to search your home, car, or phone, you have the right to refuse.
Say: “I do not consent to any searches.”
Contact a Criminal Defense Lawyer Immediately
The earlier we get involved, the more we can do to protect your rights and build your defense.
Can You Beat a Felon in Possession Charge? Yes, With the Right Defense.
Felon in possession charges are serious, but they’re not automatic convictions. The government has to prove its case, and there are real defenses that work.
At Harvey Criminal Defense Lawyers, we’ve been defending people against gun charges since 2015. We know federal and state law, we know how to challenge possession and search issues, and we’re not afraid to take cases to trial.
Contact us today for a confidential consultation.
Author Bio
Phil Harvey
FOUNDER & ATTORNEY
Phil Harvey is the founder and lead attorney of Harvey Criminal Defense Lawyers in Memphis, Tennessee. Known for his tireless advocacy, Phil defends clients facing serious felony charges, from motor vehicle burglary to first-degree murder. Before starting his own firm, he served as an Assistant Public Defender in Shelby County and represented clients in personal injury and wrongful death cases involving car and trucking accidents, nursing home neglect, and more.
A graduate of The College of William and Mary Law School, Phil honed his trial skills on the Moot Court Team and through years of courtroom litigation experience. He considers it a privilege to stand with the accused when their rights, freedom, and future are on the line.
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