A felon-in-possession charge is one of the most serious firearm charges in Tennessee. The allegation is not simply that a person had a gun; it is that the person possessed a firearm or handgun after a prior felony conviction that legally prohibited possession. These cases can carry felony penalties, prison exposure, and consequences that affect bond, probation, employment, housing, and future firearm rights.
Kevin Kennedy’s legal career began with three years as a Nashville prosecutor in Davidson County. He understands how gun cases are investigated, charged, and negotiated. He knows the issues prosecutors focus on: the type of prior conviction, whether the weapon was actually possessed by the accused, whether the firearm was lawfully recovered, whether the State can prove knowledge and control, and whether a search or statement can be challenged. If you are charged with felon in possession in Nashville or Middle Tennessee, contact Kevin Kennedy Law Firm for a free, confidential consultation.
What Is Felon in Possession in Tennessee?
Tennessee’s felon-in-possession law is part of Tenn. Code Ann. § 39-17-1307. The statute creates several different firearm offenses depending on the prior conviction and the type of weapon involved. The charge may be filed as unlawful possession of a firearm by a person convicted of a felony crime of violence, unlawful possession by a person convicted of a felony drug offense, or possession of a handgun by a person with a felony conviction.
The exact subsection matters. A person with a prior felony crime of violence, an attempted felony crime of violence, or a felony involving the use of a deadly weapon faces a more serious charge if accused of unlawfully possessing a firearm. A person with a prior felony drug offense can also face enhanced firearm-possession penalties. Separately, Tennessee law generally prohibits a person with a felony conviction from possessing a handgun unless a narrow statutory exception applies.
Actual Possession vs. Constructive Possession
Many felon-in-possession cases do not involve a gun found in someone’s hand or waistband. Instead, the firearm may be found in a car, bedroom, closet, bag, safe, or shared home. In those cases, the State may rely on constructive possession. Constructive possession generally turns on whether the accused had the power and intent to exercise control over the weapon. Mere proximity is often not the same thing as proof of knowing possession.
This distinction can be critical. If several people had access to the vehicle or residence, if the gun was hidden, if there is no DNA or fingerprint evidence, or if the accused made no incriminating statement, the State may have difficulty proving possession beyond a reasonable doubt.
The Prior Felony Conviction
The prior conviction is an element that can affect both guilt and punishment. A defense attorney should determine what the prior conviction actually was, whether it qualifies under the charged subsection, whether it involved violence, a deadly weapon, or drugs, and whether any restoration, pardon, or expungement issue exists. The label placed on a prior conviction in a warrant or indictment should not be accepted without review of the underlying judgment and record.
What Are the Penalties for Felon in Possession?
Under Tenn. Code Ann. § 39-17-1307, unlawful possession of a firearm by a person previously convicted of a felony crime of violence, an attempted felony crime of violence, or a felony involving the use of a deadly weapon is generally a Class B felony. Unlawful possession of a firearm by a person previously convicted of a felony drug offense is generally a Class C felony. Possession of a handgun by a person with a felony conviction under the separate handgun subsection is generally a Class E felony unless a statutory exception applies.
Those felony levels matter. A Class B felony carries a sentencing range of 8 to 30 years. A Class C felony carries a sentencing range of 3 to 15 years. A Class E felony carries a sentencing range of 1 to 6 years. The exact range can depend on a person’s offender classification and criminal history. Because these charges can also overlap with other firearm offenses, drug charges, probation violations, or federal firearm exposure, it is important to evaluate the full case early.
Common Defenses to Felon in Possession Charges
The best defense depends on how the firearm was found, where it was located, who else had access to it, what the prior conviction was, and whether police followed constitutional rules. A strong defense usually begins with obtaining and reviewing all discovery, including body-worn camera footage, search-warrant materials, police reports, forensic testing, photographs, 911 calls, and any statements attributed to the accused.
Challenge Possession
Possession is often the central issue. The defense may argue that the firearm belonged to someone else, that other people had equal or greater access, that the accused did not know the gun was present, or that the State cannot prove the required control over the weapon. This issue is especially important in vehicle stops, shared apartments, hotel rooms, and residences where multiple people are present.
Challenge the Search or Stop
Many felon-in-possession cases begin with a traffic stop, probation search, consent search, search warrant, or search incident to arrest. The defense should examine whether the stop was lawful, whether officers had reasonable suspicion or probable cause, whether any consent was voluntary, whether the warrant was supported by probable cause, and whether police exceeded the lawful scope of the search. If the firearm was found through an unconstitutional search, a motion to suppress may lead to exclusion of the gun and a major change in the case.
Challenge Statements and Admissions
Police may rely heavily on alleged admissions such as “that is my gun,” “I forgot it was there,” or “I keep it for protection.” A defense attorney should determine whether the statement was actually made, whether it was recorded, whether Miranda was required, whether the person was in custody, and whether the statement was voluntary. Suppressing or weakening an alleged admission can significantly reduce the State’s ability to prove possession.
Review the Prior Conviction and Firearm Classification
The State must prove the prior conviction and the firearm-related element of the charge. The defense should review certified judgments, dates, offense classifications, and whether the prior offense qualifies under the subsection alleged. In some cases, the difference between a violent felony, drug felony, other felony, firearm, handgun, or other weapon can change the charge level and potential outcome.
How Kevin Kennedy Defends Firearm Possession Cases
Kevin Kennedy approaches felon-in-possession cases by testing every part of the prosecution’s theory. He evaluates the legality of the stop or search, the strength of the possession evidence, the chain of custody, forensic testing, the alleged prior conviction, witness credibility, and any statement the State intends to use. The goal is to determine whether the State can prove each element beyond a reasonable doubt and whether the charge can be dismissed, reduced, or fought at trial.
Because Kevin previously prosecuted cases in Davidson County, he understands how firearm charges are evaluated from the State’s perspective. That experience helps him identify what may matter in negotiations, what evidence may create reasonable doubt, and what issues need to be preserved through motions and hearings. He prepares serious gun cases with trial in mind, which strengthens the defense at every stage of the case.
If you have been charged with felon in possession, unlawful possession of a firearm, or another gun offense in Nashville or Middle Tennessee, contact Kevin Kennedy Law Firm. A free consultation can help you understand the charge, the possible penalties, and the defenses that may apply to your case.
Legal references: Tenn. Code Ann. §§ 39-17-1307, 39-11-106, 39-17-1324, and 40-35-111. This page is general information, not legal advice.
Related Weapon Offenses Charges
For a complete overview of Tennessee gun and weapons charges, vehicle searches, and constructive possession, see our Nashville Gun Lawyer & Weapons Charge Attorney page.