Possession of a Firearm During the Commission of a Dangerous Felony

Nashville Firearm Enhancement Defense Lawyers

Being charged with possession of a firearm during the commission of a dangerous felony is one of the most serious weapons-related offenses in Tennessee. This charge dramatically increases criminal exposure because it carries mandatory, consecutive sentencing—even when no one is injured and even when the firearm is not discharged.

Prosecutors frequently add this charge to cases involving drugs, burglary, robbery, or violent offenses in order to increase leverage and potential punishment. Many people are shocked to learn that simply possessing a firearm—lawfully or unlawfully—during an alleged felony can trigger this enhancement.

At Freeman & Fuson, we understand how aggressively this statute is used. Our attorneys focus on challenging the underlying felony, the firearm possession allegation, and whether the statute actually applies under the facts of the case.

Practice Areas 

What Is a “Firearm During a Dangerous Felony” Under Tennessee Law?

This offense is governed by Tennessee Code Annotated § 39-17-1324. Under this statute, a person commits a separate felony offense when they possess or employ a firearm during the commission or attempted commission of a statutorily defined “dangerous felony.”

Dangerous felonies include offenses such as:

• Drug trafficking and possession with intent
• Robbery and aggravated robbery
• Burglary and aggravated burglary
• Carjacking
• Certain violent offenses
  

The statute applies even if the firearm is not used or displayed.

Elements the State Must Prove

To obtain a conviction, the State must prove beyond a reasonable doubt that:

• The defendant committed or attempted to commit a dangerous felony
• The defendant possessed or employed a firearm
• The possession occurred during the commission or attempted commission of the felony
• The defendant acted knowingly
  

If the underlying felony fails, this charge often fails with it.

Mandatory Penalties and Sentencing Consequences

A conviction under TCA § 39-17-1324 carries severe, mandatory penalties.

Potential consequences include:

• A separate felony conviction
• Mandatory minimum prison sentence
• Mandatory consecutive sentencing (cannot run concurrently)
• No probation or suspended sentence
• A permanent felony record
  

Judges have very limited discretion once this charge is proven.

Common Situations Leading to These Charges

Firearm during dangerous felony charges often arise from:

• Drug possession with intent cases involving firearms
• Burglary or robbery investigations
• Traffic stops where firearms and drugs are found together
• Searches of residences where firearms are present
• Situations where the firearm was lawfully owned but present
  

Even a legally owned firearm can trigger this charge under certain circumstances.

How We Defend Firearm Enhancement Charges

Defending against this statute requires aggressive and strategic litigation. At Freeman & Fuson, defense strategies may include:

Eliminating this charge can drastically reduce sentencing exposure.

Collateral Consequences of a Conviction

Beyond prison time, a conviction under this statute carries devastating collateral consequences, including:

• Permanent loss of firearm rights
• Lengthy incarceration affecting family and employment
• Immigration consequences for non-citizens
• Enhanced penalties for future charges
  

Avoiding this conviction is often the single most important issue in a case.

Why Legal Representation Matters in Firearm Enhancement Cases

This statute leaves little room for error and gives prosecutors significant leverage. Early involvement by a criminal defense attorney can mean the difference between a manageable case and mandatory prison time.

An attorney can evaluate the applicability of the statute, challenge unconstitutional searches, and aggressively litigate to prevent unfair sentencing enhancements.