Gun Charges in Tennessee: Frequently Asked Questions

Firearm laws in Tennessee are complex and can carry serious consequences if misunderstood or violated. Whether you’re a responsible gun owner or someone facing a gun-related charge, understanding your rights and the laws that govern firearm possession is essential.

Understanding that laws do change, and at the time of this writing, we have put some of the most commonly asked questions together regarding gun charges in Tennessee and what to do if you’ve been arrested. But, as always, do not rely on a blog for your case. You should consult an attorney as every case is unique.

1. What Are the Most Common Gun Charges in Tennessee?

Tennessee law recognizes several types of firearm-related offenses, including:

• Unlawful Possession of a Firearm: Often charged when a person who is legally prohibited from owning a firearm (such as a convicted felon) is found in possession of one.
• Possession of a Firearm While Under the Influence: It’s illegal to possess or carry a gun while intoxicated.
• Carrying a Weapon in a Prohibited Place: Even with a permit, you cannot carry firearms into certain areas such as schools, courthouses, or government buildings.
• Reckless Endangerment with a Firearm: Discharging or brandishing a firearm in a way that puts others at risk.
• Use of a Firearm During the Commission of a Dangerous Felony: This charge adds mandatory prison time if a firearm was used during another serious crime.

Each offense carries its own penalties, and many are classified as felonies under Tennessee law.

2. What Are the Penalties for Gun Charges in Tennessee?

Penalties vary depending on the nature of the charge, prior convictions, and whether other crimes were involved. Examples include:

• Unlawful possession (felon with a firearm): 1-6 years in prison (Class C felony).
• Use of a firearm in a dangerous felony: Adds 6-10 years to a prison sentence, served consecutively.
• Carrying while intoxicated: Up to 11 months and 29 days in jail and fines up to $2,500.

Convictions can also lead to loss of firearm rights, probation restrictions, and permanent criminal records that impact employment or professional licensing.

3. Can I Legally Carry a Gun in Tennessee Without a Permit?

As of July 1, 2021, Tennessee allows permitless carry (also called constitutional carry) for most adults aged 21 and older or 18 and older for members of the military.
However, this law does not mean everyone can legally carry a firearm. Certain individuals are still prohibited, including:

• Convicted felons
• Those convicted of domestic violence offenses
• Individuals under active orders of protection
• People adjudicated as mentally defective

Even if you can legally carry, there are still restrictions on where you can carry and how you handle the firearm.

4. What Should I Do If I Am Arrested for a Gun Charge in Tennessee?

If you’ve been arrested or charged with a firearm-related offense, take these steps immediately:

1. Stay calm and do not argue with law enforcement.
2. Do not consent to searches or make statements without a lawyer present.
3. Contact a criminal defense attorney as soon as possible.
4. Preserve evidence (text messages, witness names, receipts, etc.) that may support your case.

An experienced attorney can help determine whether your arrest was lawful and whether your constitutional rights were violated.

5. Can a Gun Charge Be Expunged or Removed from My Record?

In certain cases, yes. If your case is dismissed, retired, or you complete a diversion program, you may be eligible to have the charge expunged from your record.
However, felony convictions involving firearms are typically not eligible for expungement. Your attorney can help you understand your options for record relief.

6. What Are Defenses Against Gun Charges in Tennessee?

Possible defenses include:

• Unlawful search or seizure: The firearm was discovered during an illegal stop or search.
• Lack of knowledge: You did not knowingly possess the firearm.
• Possession exceptions: You were legally entitled to possess or transport the firearm.
• Improper procedure: Law enforcement failed to follow legal protocols.

A skilled gun charge defense lawyer will evaluate the details of your case to build a strong defense strategy.

7. How Can a Criminal Defense Lawyer Help Me?

A criminal defense attorney can:

• Review the facts of your arrest and search for constitutional violations
• Negotiate for reduced charges or dismissal
• Represent you in court hearings and plea negotiations
• Protect your right to possess firearms when possible

At Hagar & Phillips, our attorneys understand the gravity of firearm charges and the lifelong consequences they can bring. We work diligently to protect your rights and help you move forward.

If you or someone you know has been charged with a firearm-related offense in Tennessee, don’t face it alone. The laws are strict, but a defense attorney can make all the difference in the outcome of your case.

Our team proudly serves clients throughout Lebanon and Wilson County, TN, helping them understand their rights and fight for their future.

Contact Hagar & Phillips Law Firm to learn more or schedule a consultation today.