Tennessee is known for strong Second Amendment protections, but many people are surprised by just how strict the state’s criminal laws are when it comes to how and when a firearm may legally be possessed or carried. Even responsible gun owners can be charged with serious felonies for misunderstandings, technical mistakes, or being in the wrong place at the wrong time.
This guide covers the most common firearm-related charges in Tennessee, the penalties you may face, and the defenses that an experienced attorney can use to protect your record, rights, and freedom.
1. Tennessee Firearms Laws: The Basics
Tennessee allows both open and concealed carry for most adults 21 and over, and for military members 18 and over. But these rights come with limitations, and violating certain firearms laws can lead to significant criminal penalties.
Key statutes include:
- Tenn. Code Ann. §39-17-1307 (unlawful carrying or possession)
- Tenn. Code Ann. §39-17-1322 (justifiable possession)
- Tenn. Code Ann. §39-17-1308 (exceptions & defenses)
- Tenn. Code Ann. §39-17-1320 (possessing a firearm while intoxicated)
- Tenn. Code Ann. §39-17-1324 (dangerous felony firearm enhancement)
Even a minor misunderstanding can lead to charges, especially when combined with drugs, alcohol, or an arrest for another offense.
2. Common Firearms Charges in Tennessee
Here are the most frequent charges we see in Montgomery County and surrounding areas:
Unlawful Carrying or Possession of a Weapon (§39-17-1307)
You can be charged if:
- You are a convicted felon
- You are under an active order of protection
- You are prohibited due to a domestic violence conviction
- The firearm is concealed “with the intent to go armed” under prohibited circumstances
- You are in a restricted location
- You are intoxicated and armed
Penalties vary from misdemeanors to serious felonies depending on the situation.
Possession of a Firearm While Intoxicated (§39-17-1321)
Many people are shocked that this crime exists.
Even if the gun stays holstered and untouched, possessing a firearm while under the influence of alcohol or drugs can be charged as a Class A misdemeanor.
Examples:
- Carrying a handgun in public after drinking
- Having a gun in a vehicle while impaired
- Possessing a firearm during a DUI stop
Firearm Possession by a Convicted Felon (§39-17-1307(b))
This is a Class C or Class B felony depending on the prior convictions.
Penalties may include:
- 3–15 years in prison (Class C)
- 8–30 years in prison (Class B)
- Large fines
- Loss of civil rights
Even constructive possession (e.g., firearm stored in a shared home or vehicle) can lead to charges.
Firearm + Drug Charge Combination
Possessing a firearm in the presence of controlled substances—especially with intent to sell or deliver—almost always increases the severity of the charges.
The presence of a firearm can:
- Increase a drug charge from a misdemeanor to a felony
- Add mandatory prison time
- Limit judicial discretion
- Trigger federal prosecution
These cases are aggressively pursued.
Firearm During the Commission of a Dangerous Felony (§39-17-1324)
This enhancement applies if a firearm is used or displayed during a “dangerous felony,” including:
- Aggravated assault
- Robbery
- Burglary
- Kidnapping
- Certain drug offenses
The enhancement itself carries mandatory minimum time served consecutively to any other sentence.
Improper Exhibition, Brandishing, or Threatening
Even if a firearm is legally possessed, you cannot:
- Display it to threaten or intimidate
- Brandish it during a dispute
- Use it to escalate a confrontation
Incidents involving road rage or arguments often lead to criminal charges even when no shots were fired.
3. Penalties for Firearm Offenses in Tennessee
Penalties vary by charge, but can include:
- Misdemeanor jail time
- Felony prison time
- Mandatory minimums
- Large fines
- Loss of handgun carry rights
- Loss of firearm ownership rights
- Permanent criminal record
- Federal prosecution
For many people, the most damaging consequences include:
- Loss of employment
- Military discharge
- Inability to hunt
- Loss of carry permit
- Impact on child custody
Firearm charges often create long-term ripple effects.
4. Federal Firearm Charges
In addition to state charges, certain situations may trigger federal prosecution, including:
- Firearm + drug trafficking
- Firearm with serial number removed
- Firearm possession by a felon
- Use of a firearm during a federal crime
- Machine gun, short-barrel rifle, or suppressor violations
Federal charges often carry mandatory minimum prison sentences.
5. Common Defenses in Tennessee Firearms Cases
Despite the seriousness of these charges, many firearm cases have strong defenses based on constitutional rights, police procedure, and factual errors.
Here are the most effective defenses:
Illegal Search and Seizure
If the firearm was found during an unlawful stop, detention, or search, the evidence can often be suppressed.
Examples:
- No reasonable suspicion for traffic stop
- Prolonged detention without justification
- Warrantless search without exception
- Illegal vehicle search
- Invalid consent
If the search was invalid, the entire case may collapse.
Lack of Possession or Knowledge
Possession is not always clear-cut.
Examples:
- Firearm belonged to someone else in a shared car
- Gun found in a shared home
- No fingerprints or DNA
- Accidental proximity
The State must prove you knowingly possessed the firearm.
Self-Defense
Tennessee has strong self-defense laws.
If a firearm was displayed or used to protect yourself or others, you may have a legal justification.
Firearm Was Lawfully Carried
Tennessee’s permit-less carry law (2021 and later) allows most adults 21+ to carry handguns openly or concealed.
Some officers misunderstand the law. A lawful carry case can sometimes be dismissed outright.
No Intent to Use the Firearm
For certain charges (such as brandishing), the State must prove you intended to threaten, intimidate, or commit a crime.
Accidental exposure or careless handling is not the same as criminal intent.
Mistaken Identity or Inaccurate Reporting
Witness statements can be:
- False
- Exaggerated
- Contradictory
Surveillance video, bodycam, and objective evidence may tell a very different story.
6. Special Considerations for Military Service Members Near Fort Campbell
Clarksville has a large active-duty population. Military members face:
- UCMJ consequences
- Loss of rank
- Disciplinary action
- Firearm restrictions
- Security clearance issues
One firearm charge can derail a career if not handled properly.
Defense counsel must understand both Tennessee law and military implications.
7. What to Do If You Are Charged With a Firearm Offense
1. Do NOT discuss the case with police.
Even “clearing things up” can be used against you.
2. Do NOT post anything on social media.
Prosecutors regularly check online activity.
3. Preserve evidence.
Save texts, photos, messages, or videos relevant to the incident.
4. Contact an attorney immediately.
Early intervention can:
- Get charges reduced
- Avoid enhancements
- Limit jail exposure
- Protect firearm rights
- Prevent escalation to federal court
8. Final Thoughts
Firearm charges in Tennessee are serious, but they are defensible. Many people charged with gun crimes are not dangerous criminals — they’re gun owners who made a mistake, misunderstood the law, or were wrongfully accused.
An experienced criminal defense attorney can help you:
- Challenge illegal searches
- Protect your constitutional rights
- Present strong evidence in your favor
- Seek dismissal or reduction of charges
- Preserve your right to own and carry firearms
If you or someone you know has been charged with a firearm-related offense in Montgomery County or anywhere in Tennessee, don’t wait to get legal help. The attorneys at Goble & Yow have helped countless individuals who have faced serious firearm charges.