Deer Lodge, TN asked in Criminal Law and Civil Rights for Tennessee

Q: can a felon be charged with possessing a firearm that he found and weas going to turn in but got pulled over

the gun had no firing pin no barrell no slide no safety mechanisim it was just the shell

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Metal part with serial number is the firearm. Inability to operate is irrelevant. Felon knew he should not touch it. Hire a competent attorney; work at least full time; keep quiet (this is a public forum); stay out of trouble; and hire an attorney. There are other lesser charges possible.

James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Yes, a felon can still be charged with possessing a firearm, even if their intention was to turn it in. The possession of a firearm by a felon is generally illegal, regardless of the circumstances. The fact that the gun was found and intended for turning in may be considered as a mitigating factor during legal proceedings, but it does not automatically negate the charges.

However, the specific circumstances of the case, including the condition of the firearm and your intent to turn it in, could potentially be used as defenses or factors in plea negotiations. It's crucial to seek legal advice from a qualified attorney who can assess your situation and provide guidance on how to proceed. They can help you understand your legal rights and options for addressing the charges you're facing.

Additionally, cooperating with law enforcement and being transparent about the circumstances surrounding the firearm's discovery and your intentions can also potentially influence the legal outcome. It's important to communicate openly with your attorney and follow their advice to navigate the legal process effectively and work towards the best possible resolution for your case.

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