Felon in Possession of a Firearm in Tennessee

In Tennessee, a felon in possession of a firearm will face legal consequences under Tennessee Code Annotated Section 39-17-1307. That statute prohibits individuals convicted of a felony from owning, possessing, or having custody of any firearm or weapon of mass destruction. Violating that statute constitutes a Class E felony, punishable by one to six years in prison, depending on certain factors.

Additionally, federal law can also render it illegal for individuals with certain criminal backgrounds to possess a gun. This applies to those convicted of or charged with a crime in federal court that carries a potential sentence of over a year in jail, which is most felony crimes.

In Tennessee, individuals convicted of or charged with a felony or a misdemeanor punishable by more than two years in prison are barred from possessing firearms. This measure is part of a broader state effort to prevent access to weapons by individuals with serious criminal backgrounds.

It is important to note that Tennessee law enforcement takes firearm possession by felons very seriously. Due to the gravity of the criminal offense, law enforcement officers will typically arrest and detain individuals found with a firearm immediately.

Following the arrest, the individual in possession of the weapon will then face a court hearing where formal charges will be presented. During that hearing, the judge may also set bail. The criminal process will then continue with an arraignment, pre-trial motions, plea deal negotiations, and ultimately, a trial.

What Is the Minimum Sentence for Felon in Possession of a Firearm?

In Tennessee, a felon in possession of a firearm faces a minimum sentence of one year. As mentioned above, this offense is classified as a Class E felony under Tennessee Code Annotated Section 39-17-1307.

The actual sentence may vary based on factors such as the individual’s criminal history and the specifics of the case. Additionally, a plea deal may lead to a reduced sentence, and in some instances, charges may be dropped or dismissed.

Several different factors can result in an extended sentence for a felon found in possession of a firearm in Tennessee, including:

• Prior Criminal Record: A history of previous convictions, especially for violent crimes or other firearms offenses, can lead to a longer sentence
• Circumstances of Possession: The context in which the firearm was discovered, such as during another crime or in a location where firearms are prohibited, can increase the severity of the sentence
• Type of Firearm: Possession of certain types of firearms, such as assault weapons or firearms with illegal modifications, can result in a longer sentence
• Number of Firearms: Possession of multiple firearms is often viewed more seriously and can lead to a longer sentence
• Usage of the Firearm: If the felon used the firearm in a threatening manner or to commit another crime, the sentence can be significantly increased
• Public Safety Concerns: Situations where the felon’s possession of the firearm posed a significant risk to public safety, such as in a crowded public place, can result in a more severe sentence

Under federal law, the minimum sentence for a felon in possession of a firearm is ten years in prison. However, if the felon has three or more prior convictions for violent felonies or serious drug offenses, the minimum sentence increases to fifteen years under the Armed Career Criminal Act (“ACCA”). More information can be found under 18 U.S.C. Section 924(e).

Can a Felon Be Around a Person With a Gun?

In short, it is not recommended. In Tennessee, a felon can be around someone who has a gun, as long as they do not possess or control the firearm. In other words, simply being in the presence of an individual who legally owns a firearm does not violate the law.

However, it is crucial for felons to avoid any situation that could be interpreted as having constructive possession. Constructive possession means having knowledge of and the ability to control the firearm.

For instance, if a felon is in a vehicle where a firearm is easily accessible or in a home where the firearm is not securely stored and the felon is aware of its presence, this could be interpreted as constructive possession. In such cases, law enforcement and the courts may determine that the felon had the ability to access and control the firearm, potentially leading to legal consequences.

It’s also important to note that specific conditions of parole or probation may impose additional restrictions on a felon’s interactions with firearms and individuals who possess them. Therefore, felons should be aware of and comply with any such conditions to avoid potential violations.

What Weapons Can a Felon Own To Protect Themselves?

In Tennessee, felons are generally prohibited from owning most types of firearms. However, there are some exceptions and specific conditions under which a felon might regain the right to own certain weapons. Here are the key points:

• Restoration of Rights: A felon can regain their right to own firearms through a legal process such as expungement or obtaining a handgun carry permit under Tennessee Code Annotated Section 39-17-1351(j)
  • Once a felon’s rights are restored, they can legally own firearms
• Black Powder Firearms: Nonviolent felony offenders may be allowed to possess black powder firearms and antique long guns, but only at their place of residence.
  • However, violent felony offenders are generally prohibited from possessing these types of firearms
• Antique Firearms: Similar to black powder firearms, felons may be allowed to own antique firearms, but only at their place of residence
• Federal Laws: Even if state law allows it, felons must also comply with federal laws, which impose additional restrictions on firearm ownership

Can a Felon’s Gun Rights Be Restored?

In Tennessee, felons can have their gun rights restored if they meet specific criteria and follow the proper legal procedures. According to Tennessee law, individuals with certain felony convictions can petition the court for firearm rights restoration if they meet the following requirements:

• Eligible Felony: The felony must qualify for restoration under Tennessee law, which typically excludes violent crimes, drug-related offenses, and felonies involving firearms
• Completion of Sentence: The individual must have completed their entire criminal sentence, including any probation or parole
• Waiting Period: There must be a designated waiting period after the completion of the sentence before filing the petition
  • This duration varies depending on the felony and the individual’s criminal history
• Petition Process: The individual must file a petition with the appropriate court, providing evidence that they meet all the necessary criteria
• Public Safety Assurance: The court must be assured that restoring the individual’s firearm rights does not pose a threat to public safety

If all of the above criteria are met and the court grants their petition, the individual’s firearm rights will be restored, which then allows them to legally own and possess firearms in Tennessee.

It’s important to note that this process is different from the expungement process in Tennessee. Restoring gun rights does not erase the original felony conviction. Instead, it merely restores the right to possess firearms. A local Tennessee attorney will be able to answer any questions you may have regarding restoring your gun rights.

Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?

If you’ve been charged or convicted of a felony and are now facing charges for possessing a firearm, it’s recommended to contact a Tennessee criminal lawyer right away. Services like LegalMatch can help you set up a consult with an attorney near you.

A criminal attorney can guide you through Tennessee’s specific laws regarding firearm possession for felons and provide representation throughout the legal process. They can also help you work toward restoring your firearm rights if they have been revoked.

Additionally, an attorney will be able to protect your legal rights and help you achieve the best possible outcome in your case. This could include having the charges being brought against you dropped or negotiating a plea deal. If a criminal trial is necessary, they will also be able to represent you in court, as needed.