Unlawful Possession of a Firearm Defense in Tennessee

Under Tennessee law, weapon offenses, restrictions on firearm ownership, and illegal carrying practices are governed primarily by Tennessee Code § 39-17-1307 (Unlawful Carrying or Possession of a Weapon). While Tennessee recognizes broad constitutional protections and statutory frameworks for carrying firearms, possessing a firearm after a prior felony conviction, domestic violence conviction, or under specific prohibiting circumstances triggers severe state and federal felony indictments.

MacNeill Law Firm provides criminal defense representation across Chattanooga and Southeast Tennessee, challenging unlawful searches, questioning constructive possession claims, and fighting to protect clients from mandatory prison exposure.

Under Tennessee Code § 39-17-1307, it is strictly unlawful for specific classes of individuals to own, carry, or possess a firearm or firearm ammunition within the state:

• Statute: Tennessee Code § 39-17-1307(b)
• Overview: A person commits a felony offense if they possess a firearm or ammunition after having been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, a felony involving the use of a deadly weapon, or a felony drug offense.
• Penalties:
  
  • Possession following a felony crime of violence is a Class B Felony, carrying severe mandatory prison sentences.
  • Possession following a felony drug offense is a Class C Felony, punishable by 3 to 15 years in state custody.

• Statute: Tennessee Code § 39-17-1307(c)
• Overview: Prohibits any individual convicted of a standard felony from possessing a handgun or handgun ammunition unless they have been pardoned, the conviction has been expunged, or their civil rights have been fully restored pursuant to title 40, chapter 29.
• Penalties: Prosecuted as a Class E Felony, carrying 1 to 6 years in prison.

• Statute: Tennessee Code § 39-17-1307(f)
• Overview: Criminalizes firearm possession for individuals convicted of a misdemeanor crime of domestic violence (as defined under federal law) or individuals currently subject to a qualifying order of protection under 18 U.S.C. § 922(g)(8).
• Penalties: Prosecuted as a Class A Misdemeanor, with each separate day or instance of possession constituting an independent violation.

• Statute: Tennessee Code § 39-17-1307(a) & (h)
• Overview: While Tennessee permits lawful constitutional carry for individuals who are legally eligible to possess a firearm, carrying a firearm with the intent to go armed is prohibited if the individual falls into specific restricted categories—such as individuals convicted of stalking under Tennessee Code § 39-17-315, individuals with multiple DUI convictions within a statutory lookback window, or those adjudicated as mentally defective.
• Penalties: Violations under these subsections range from Class B misdemeanors up to higher-level offenses depending on prior criminal history and the specific public setting where the firearm was carried.

• Challenging Constructive Possession: When a firearm is discovered in a shared vehicle, a common residence, or a multi-tenant property, the state must prove that the defendant exercised actual dominion and control over the weapon. Proving that multiple individuals had access breaks the state's burden under Tennessee Code § 39-17-1307.
• Fourth Amendment Suppression Motions: Many unlawful possession charges arise from vehicle stops or pedestrian detentions. If law enforcement lacked reasonable articulable suspicion to stop the individual or probable cause to search, all recovered firearms must be suppressed as unconstitutional evidence.
• Valid Restoration of Rights: Verifying whether a client's civil and firearms rights were successfully restored or expunged prior to the date of the alleged possession completely negates the underlying statutory disability.