Weapons Charges in Tennessee
Criminal Defense Attorneys in Nashville
Weapons charges in Tennessee involve allegations that a person unlawfully possessed, carried, or used a firearm or other weapon in violation of state law. These cases range from misdemeanors to serious felony offenses and often carry mandatory penalties, sentence enhancements, and long-term restrictions on firearm rights.
Tennessee prosecutors aggressively pursue weapons cases, particularly when allegations involve firearms, prior convictions, prohibited locations, or allegations that a weapon was used during the commission of another crime. In many situations, weapons charges are filed alongside other offenses, significantly increasing potential exposure.
Below is an overview of common Weapons Charges in Tennessee, including the applicable statutes and a brief explanation of each offense
Firearm and Weapon Possession Offenses
Unlawful Carrying or Possession of a Weapon:
TCA § 39-17-1307
Unlawful weapon possession involves carrying or possessing a firearm or other weapon under circumstances prohibited by law. These cases often involve allegations related to prohibited locations, restricted individuals, prior felony convictions, or possession while engaged in other criminal conduct. While Tennessee allows broad firearm possession, important exceptions still apply and are frequently misunderstood.
Firearm Enhancement and Felony-Related Weapon Charges
Possession of a Firearm During the Commission of or Attempt to Commit a Dangerous Felony:
TCA § 39-17-1324
This statute creates a separate felony offense when a firearm is possessed or used during the commission or attempted commission of a statutorily defined “dangerous felony.” Convictions under this statute carry mandatory consecutive sentencing and dramatically increase prison exposure, even when no one is injured.
Why Weapons Charges Require Immediate Legal Attention
Weapons charges often involve:
Mandatory Minimum Sentences or Enhancements
Consecutive Sentencing Requirements
Prior Felony or Prohibited-Person Allegations
Search and Seizure Issues Involving Vehicles or Residences
Overlapping Charges Tied to The Same Incident
Early involvement by a criminal defense attorney is critical to challenge unlawful searches, suppress improperly seized firearms, and prevent enhancement statutes from dramatically increasing sentencing exposure.
Frequently Asked Questions About Weapons Charges
Is firearm possession legal in Tennessee?
Yes, Tennessee allows broad firearm possession, but there are important restrictions based on location, status, and conduct.
Can a weapon charge be added to another offense?
Yes. Firearm-related charges are often added to drug, assault, or burglary cases and can significantly increase penalties.
Does a prior felony affect firearm possession?
Yes. Certain prior convictions can prohibit firearm possession and lead to additional felony charges.
Are weapons charges subject to mandatory sentencing?
Some firearm offenses, especially those involving dangerous felonies, carry mandatory consecutive sentences.
Speak With a Tennessee Weapons Defense Attorney
Weapons charges can have permanent consequences, including loss of firearm rights, prison exposure, and long-term felony records. A knowledgeable criminal defense attorney can evaluate the evidence, challenge unlawful searches, and work to limit or eliminate enhancements.
If you are facing firearm or weapon-related charges in Tennessee, Freeman & Fuson can help protect your rights and your future.
Call Freeman & Fuson at (615) 298-7272 or contact us online for a confidential consultation.