Unlawful Weapon Possession Charges in Tennessee

Nashville Weapons Defense Lawyers

Unlawful weapon possession charges in Tennessee involve allegations that a person possessed or carried a firearm or other weapon in violation of state law. While Tennessee allows broad firearm possession, there are important exceptions based on location, status, and circumstances that can still lead to criminal charges.

Many people charged with unlawful weapon possession are genuinely surprised. These cases often arise from traffic stops, searches during other investigations, misunderstandings about where firearms are allowed, or allegations tied to prior convictions. In some situations, a weapon charge is added to an unrelated offense, dramatically increasing potential penalties.

At Freeman & Fuson, we understand that weapons cases often turn on technical legal issues and constitutional protections. Our attorneys carefully analyze how the weapon was discovered, whether possession was actually unlawful, and whether law enforcement followed the law.

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What Is Unlawful Weapon Possession Under Tennessee Law?

Unlawful carrying or possession of a weapon is governed by Tennessee Code Annotated § 39-17-1307. This statute criminalizes possession of firearms or other weapons in certain prohibited circumstances, despite Tennessee’s generally permissive firearm laws.

Common prohibited situations include:

• Possession by individuals prohibited due to prior felony convictions
• Possession in restricted locations, such as certain government buildings or schools
• Possession while engaged in criminal activity
• Possession of certain prohibited weapons
• Carrying a weapon in violation of specific statutory restrictions
  

The legality of possession often depends on precise facts and location.

Elements the State Must Prove

To secure a conviction for unlawful weapon possession, the State must prove beyond a reasonable doubt that:

• The defendant possessed or carried a weapon
• The possession occurred under circumstances prohibited by law
• The defendant acted knowingly
• Any required status or location-based restrictions applied
  

If the State cannot prove that possession was actually unlawful, the charge may be subject to dismissal.

Penalties for Unlawful Weapon Possession in Tennessee

Unlawful weapon possession may be charged as a misdemeanor or felony depending on the circumstances, the type of weapon involved, and the defendant’s prior history.

Potential consequences may include:

• Misdemeanor or felony classification
• Jail or prison time
• Fines and court costs
• Probation
• Loss of firearm rights
• A permanent criminal record
  

Penalties often increase when the case involves prior felony convictions or other criminal charges.

Common Situations Leading to Charges

Unlawful weapon possession charges often arise from:

• Traffic stops where a firearm is discovered
• Searches during drug or DUI investigations
• Possession in restricted buildings or locations
• Allegations involving prior felony convictions
• Situations involving multiple charges from a single incident
  

Many cases hinge on whether law enforcement lawfully discovered the weapon.

How We Defend Unlawful Weapon Possession Charges

Defending weapon possession cases requires close attention to constitutional issues. At Freeman & Fuson, defense strategies may include:

Suppression of the weapon often results in dismissal of the charge.

Collateral Consequences of a Weapon Possession Conviction

A conviction for unlawful weapon possession can result in serious long-term consequences, including:

• Permanent loss of firearm rights
• Employment and licensing difficulties
• Housing issues
• Immigration consequences for non-citizens
• Enhanced penalties for future charges
  

Avoiding a conviction is often critical to protecting constitutional rights.

Why Legal Representation Matters in Weapons Cases

Weapons charges often depend on technical legal rules and constitutional protections. Early involvement by a criminal defense attorney can help challenge improper police conduct and prevent charges from escalating.

An attorney can analyze the stop, search, and seizure, evaluate statutory exceptions, and ensure the State meets its burden of proof.