As a former Davidson County prosecutor for three years, Kevin Kennedy prosecuted weapons and other criminal cases and understands how prosecutors evaluate firearm possession, prior convictions, orders of protection, domestic-violence history, vehicle searches, witness statements, and the circumstances surrounding an alleged unlawful carry or possession charge.
Tennessee’s unlawful-weapons statute covers several different kinds of conduct. Depending on the accused’s criminal history, the type of weapon, and the circumstances of possession, the same general label can describe anything from a misdemeanor carrying offense to a serious felony. The defense should therefore identify the exact subsection charged rather than treating every unlawful-possession case the same.
Unlawful Carrying or Possession of a Weapon in Tennessee
Tenn. Code Ann. § 39-17-1307 contains several distinct offenses. Subsection (a) addresses carrying a firearm or club with intent to go armed, subject to important statutory exceptions. Other subsections prohibit firearm possession by certain people with prior felony convictions, qualifying domestic-violence convictions, orders of protection, federal firearm disabilities, or other disqualifying circumstances.
Tennessee also recognizes permitless handgun carry for many adults who lawfully possess the handgun and are in a place where they may lawfully be present. That means a firearm charge cannot be evaluated merely by asking whether a person had a gun; the State must prove the particular facts that make the possession unlawful.
Possession After a Violent or Drug Felony
Under § 39-17-1307(b), a person who unlawfully possesses a firearm after a felony crime of violence, attempted felony crime of violence, or felony involving use of a deadly weapon commits a Class B felony. A person who unlawfully possesses a firearm after a felony drug offense commits a Class C felony.
These classifications are substantially more serious than ordinary handgun-possession charges. The defense should verify the prior judgment, determine whether the conviction actually fits the statutory category, and examine whether the State can prove the accused possessed the firearm in the new case.
Possession of a Handgun After Another Felony
Section 39-17-1307(c) separately makes possession of a handgun by a person with a felony conviction a Class E felony unless a statutory exception applies. The statute recognizes exceptions where the person has been pardoned, the conviction has been expunged, or civil rights have been restored and the restoration order does not specifically prohibit firearm possession.
Restoration questions can be complicated because state and federal firearm disabilities do not always operate identically. The defense should review the judgment, restoration documents, expungement history, and applicable federal law before assuming the person remained prohibited.
Domestic Violence, Orders of Protection, and Other Firearm Disabilities
Section 39-17-1307(f) makes it a Class A misdemeanor to possess a firearm while still subject to the disability arising from a qualifying misdemeanor crime of domestic violence, a qualifying order of protection, or another state or federal prohibition. Each alleged disability must satisfy the statutory requirements.
The defense should examine whether the prior conviction actually meets the federal definition, whether an order of protection was valid and still in effect, whether the order contains the findings required by federal law, and whether the accused had the firearm within the legal meaning of possession.
Carrying With Intent to Go Armed
Subsection (a) makes it an offense to carry a firearm or club with intent to go armed, but the statute contains significant exceptions. A first violation is generally a Class C misdemeanor, a second or subsequent violation is a Class B misdemeanor, and carrying a handgun in a public place where one or more people are present can be a Class A misdemeanor under the baseline provision.
However, lawful handgun possession and permitless-carry rules can provide an exception to that offense for qualifying adults. A defense attorney should determine whether the accused met those conditions rather than relying on the charging language alone.
Possession and Constructive Possession
A firearm does not have to be physically on a person for the State to allege possession. Police may rely on constructive possession when a weapon is found in a vehicle, bedroom, residence, bag, or other location. The prosecution still must connect the accused to the firearm.
Shared cars and residences can create difficult proof issues. Ownership, proximity, keys, fingerprints, DNA, statements, photographs, surveillance, and access by other people may all affect whether the State can prove knowing possession beyond a reasonable doubt.
Common Defenses to Unlawful Possession of a Weapon
Possible defenses include lack of possession, an inapplicable prior conviction, restoration of firearm rights, a statutory exception, mistaken identity, unlawful search or seizure, and lack of proof that the object legally qualifies as the weapon alleged.
Challenge the Search or Seizure
Weapons charges frequently begin with traffic stops, pat-downs, vehicle searches, probation searches, or search warrants. A defense attorney should examine whether officers had a lawful basis for the stop or detention, whether a frisk was justified, whether consent was valid, and whether any warrant was supported by probable cause. Suppression can eliminate the firearm evidence entirely.
Verify the Prior Conviction or Disability
The felony classification may depend on the precise nature of a prior conviction. The defense should obtain certified judgments and determine whether the prior offense fits the category alleged by the State. Similar-sounding convictions do not always carry the same firearm consequences.
How Kevin Kennedy Defends Unlawful Weapon Cases
Kevin begins by identifying the exact subsection charged and the alleged reason the possession was unlawful. He reviews prior judgments, restoration records, body-worn camera footage, search warrants, vehicle video, photographs, firearm records, witness statements, and any statements attributed to the accused.
His former-prosecutor experience helps him evaluate whether the State can prove both possession and the legal disability or circumstance that makes it criminal. Depending on the evidence, the defense may challenge constructive possession, the prior conviction, the legality of the search, statutory exceptions, or witness credibility, seek dismissal or reduction, negotiate where appropriate, or prepare the case for trial. A free and confidential case review with Kevin Kennedy Law Firm is available to anyone charged in Davidson County or nearby.
Legal references: Tenn. Code Ann. §§ 39-17-1307, 39-17-1308, 39-17-1316, 39-17-1351, and 40-35-111. This page is general information, not legal advice.
Related Weapon Offenses Charges
For a complete overview of Tennessee gun and weapons charges, vehicle searches, and constructive possession, see our Nashville Gun Lawyer & Weapons Charge Attorney page.