Q: Can someone be charge with possession of firearm by felon if the state doesn't have a gun
A: Yes. Although helpful, the state does not have to produce the firearm at trial to meet its burden of proof. An eye witness or security camera showing the defendant with a gun could suffice. Ultimately it will be up to the judge or jury to decide whether the defendant possessed the firearm based on the evidence presented by the state and defense.
A: They can use other proof that the felon "had" a gun.
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