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Memphis Felon in Possession Attorney
The Charge Almost Never Stands Alone — And the Feds Are Watching
A felon in possession charge in Memphis rarely comes in by itself. It rides in on a drug case, a domestic assault, a stolen firearm — a separate count on what's already a serious case. And depending on your prior conviction, the classification of that charge — and who ends up prosecuting it — can change your life entirely.
Since Tennessee moved to permitless carry, the old gun court is gone. These cases now flow through the regular courthouse. But the federal government has picked up the slack in a significant way. Under the current federal enforcement posture, Class B and Class C felon in possession cases — those involving prior violent felonies or drug felonies — are being picked up by federal prosecutors regularly. When that happens, the state charges are typically dismissed and the case moves to federal court, where sentencing guidelines are significantly harsher and there is no parole.
The Class E cases — where the prior felony wasn't violent and wasn't drug-related — are a different story. Those can often be worked out at the state level. A reduction, a diversion, or a dismissal is realistic with the right representation.
If you've been charged with felon in possession in Memphis, the first question isn't just what the state will do. It's whether the feds are going to take it. You need an attorney who understands both sides of that question.
Charged with felon in possession in Memphis? Call Attorney Jason Balestrini before you do anything else. (901) 578-1515.
Your Attorney
Jason Balestrini — Memphis Felon in Possession Attorney
Attorney Jason Balestrini's practice is dedicated exclusively to criminal law in Shelby County. He handles felon in possession charges as they actually come in — alongside drug cases, domestic assault charges, and other criminal counts — and knows exactly how Memphis prosecutors and federal authorities approach these cases under the current enforcement environment.
He will tell you honestly whether your case is one the feds are likely to take, what your realistic options are at the state level, and what needs to happen immediately to give you the best chance of keeping your case out of federal court.
Learn more about Attorney Jason Balestrini →
Tennessee Law
Felon in Possession — Three Tiers, Three Very Different Outcomes
Under Tennessee Code Annotated § 39-17-1307, felon in possession charges are classified based on the nature of the prior felony conviction — not the current offense. The classification determines both the sentencing range at the state level and the likelihood that federal prosecutors will take an interest.
Class B Felony — Prior Violent Felony (8–30 Years)
If your prior conviction was for a felony crime of violence, an attempted violent felony, or a felony involving the use of a deadly weapon, felon in possession is charged as a Class B felony. This is the most serious tier at the state level — and the one federal prosecutors are most actively pursuing. When the feds pick up a Class B felon in possession case, the state charges are typically dismissed.
Class C Felony — Prior Drug Felony (3–15 Years)
If your prior conviction was a felony drug offense, felon in possession is a Class C felony. Federal enforcement is also aggressive on these cases. The combination of a drug felony history and a new gun charge is exactly the profile federal prosecutors target under current enforcement priorities.
Class E Felony — All Other Prior Felonies (1–6 Years)
If your prior felony was neither violent nor drug-related, the charge is a Class E felony. These cases are far more workable at the state level. A reduction, diversion, or dismissal is a realistic outcome with experienced representation. Federal interest in Class E cases is significantly lower.
Each prior felony conviction can result in a separate felon in possession count. If you were found with a firearm and have multiple prior convictions, each one can be charged independently — multiplying the sentencing exposure significantly.
Federal Law
When the Feds Take Over — And What That Means
Under 18 USC § 922(g), federal law prohibits certain individuals from possessing firearms. The categories overlap significantly with Tennessee's felon in possession statute — but federal prosecution is a fundamentally different experience. Federal sentencing guidelines are harsher, sentences are served without parole, and the resources available to federal prosecutors vastly exceed what state prosecutors bring to bear.
Since the current federal enforcement posture took effect, Class B and Class C felon in possession cases in Memphis are being picked up by the U.S. Attorney's Office with regularity. When that happens, the Shelby County charges are typically dismissed by the state prosecutor. The defendant is now in federal court — facing federal guidelines, a federal judge, and a federal sentence.
If you are facing a felon in possession charge and your prior conviction was violent or drug-related, you need to understand that the question of where your case ends up may be decided in the next few weeks. Early legal involvement gives you the best chance of influencing that outcome at the state level before the federal decision is made.
Why It Matters
What Happened to Memphis Gun Court
Memphis had a dedicated gun court for years — a specialized courtroom with its own prosecutors and procedures for handling firearm-related offenses. When Tennessee moved to permitless carry, the volume and nature of gun cases changed significantly and gun court was eliminated. These cases now flow through the regular Shelby County Criminal Court docket alongside everything else.
The practical effect is that felon in possession charges in Memphis are being handled by prosecutors who also handle drug cases, robbery cases, and homicides. The specialized focus is gone. What hasn't changed is the seriousness of the charges — or the federal government's interest in the most serious ones.
Common Questions
Felon in Possession Charges in Memphis — What You Need to Know
What determines how a felon in possession charge is classified in Tennessee?
The classification is based on the nature of your prior felony conviction — not the current offense. A prior violent felony or attempted violent felony results in a Class B felony (8–30 years). A prior drug felony results in a Class C felony (3–15 years). Any other prior felony results in a Class E felony (1–6 years). The classification matters enormously because it drives both the state sentencing exposure and the likelihood of federal prosecution.
Will the federal government take my felon in possession case?
It depends on the classification. Class B and Class C felon in possession cases — those involving prior violent or drug felonies — are being picked up by federal prosecutors in Memphis with regularity under the current enforcement posture. Class E cases are far less likely to draw federal attention. When the feds take a case, state charges are typically dismissed. The defendant is then in federal court facing federal sentencing guidelines, which are significantly harsher, and serving time without parole.
Can a Class E felon in possession charge be reduced or dismissed?
Yes — Class E felon in possession cases are the most workable at the state level. A reduction to a misdemeanor, a diversion program, or an outright dismissal are all realistic outcomes with experienced representation. These cases involve prior felonies that were neither violent nor drug-related, and Memphis prosecutors generally treat them with more flexibility than the higher-tier charges.
Is felon in possession always its own charge or does it come with other charges?
Almost always with other charges. In Memphis, felon in possession rarely comes in alone — it is typically a separate count added to a drug case, a domestic assault, a robbery, or another criminal charge. The firearm was found during an arrest or search related to something else. That means you are already dealing with a serious underlying case, and the gun charge adds another layer of exposure on top of it.
What happened to Memphis gun court?
Memphis had a dedicated gun court for years, but it was eliminated after Tennessee moved to permitless carry and the volume and nature of gun cases changed. Felon in possession cases now flow through regular Shelby County Criminal Court. The federal government has largely filled the enforcement gap on the most serious cases.
What should I do if I've been charged with felon in possession in Memphis?
Call an attorney immediately — before making any statements, before your first court appearance, and before assuming the state will handle it. The window between a state felon in possession charge and a federal pickup can be short. Early legal involvement gives you the best chance of influencing where your case ends up and how it is resolved. Call Jason Balestrini at (901) 578-1515.