Nashville Gun Charge Lawyer | Weapons Defense

Criminal Defense Lawyer & Former Nashville Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.

A gun charge in Nashville can range from a misdemeanor weapons allegation to a felony carrying mandatory years in prison. Tennessee firearm law is highly fact-specific. The outcome can depend on who allegedly possessed the gun, where it was found, a person's prior record, whether the gun was connected to another offense, whether police had a lawful basis to stop or search, and which firearm statute the State actually charged.

Tennessee generally allows many adults who may lawfully possess a handgun to carry it in places where they are lawfully present, but that does not eliminate gun crimes. Prior felony convictions, domestic-violence restrictions, orders of protection, intoxication, school property, judicial proceedings, dangerous felonies, and other circumstances can create criminal exposure. A person can also face a gun charge when the firearm is found in a vehicle, apartment, hotel room, backpack, or other shared location even though the person denies possessing it.

That makes possession and search-and-seizure issues central in many Nashville gun cases. Police may say a firearm was 'within reach' or found near the accused. The legal question is whether the State can prove the required possession and every other element beyond a reasonable doubt---and whether the evidence was obtained lawfully.

Nashville criminal defense lawyer Kevin Kennedy is a former prosecutor who has handled thousands of criminal cases. He uses that experience to analyze the firearm statute charged, the defendant's status, the police encounter, body-camera footage, vehicle or home search, firearm location, fingerprints or DNA, statements, and any companion felony or drug case.

If you are facing a gun or firearm charge in Nashville or Davidson County, call or text 615-205-7311 for a free consultation.

Gun Charges in Tennessee

Tennessee's weapons laws appear primarily in Title 39, Chapter 17, Part 13. There is no single offense called simply a 'gun charge.' Instead, the State must charge a particular statute and prove its specific elements.

Common allegations include unlawful carrying or possession of a weapon, possession of a firearm by a convicted felon, possession by a person prohibited under state or federal law, possession or employment of a firearm during a dangerous felony, possession of a handgun while under the influence, carrying weapons on school property, carrying weapons during judicial proceedings, prohibited weapons, and firearm-related charges arising with another criminal offense.

The first step in defending a gun case is therefore to identify exactly what statute and subsection is alleged.

Tennessee Permitless Carry and Why a Gun Can Still Lead to Charges

Tennessee law contains an exception allowing many people who meet statutory requirements to carry a handgun openly or concealed when they lawfully possess the handgun and are in a place where they are lawfully present. The current statute generally applies to people at least twenty-one, with specified provisions for certain qualifying military members and veterans who are at least eighteen.

Permitless carry does not mean every person may possess every firearm in every place or circumstance. A prior conviction, protection order, intoxication, prohibited location, or connection to another offense can change the analysis.

A defense should not assume that possession is illegal merely because police found a handgun. The State must identify the legal prohibition that applies to that person and circumstance.

Unlawful Carrying or Possession of a Weapon

Tennessee Code Annotated § 39-17-1307 contains multiple firearm offenses and exceptions. Some provisions address carrying with intent to go armed; others address possession by people with specified prior convictions or legal disabilities.

The classification can range from misdemeanor to serious felony depending on the subsection and criminal history. Because the same statute covers very different situations, the warrant or indictment should be read closely.

The defense should determine whether the State is alleging unlawful carrying, prohibited status, possession after a particular felony, or another theory.

Felon in Possession of a Firearm

Tennessee law prohibits firearm possession by people with certain felony convictions. The offense classification depends in part on the type of prior felony.

Under current Tennessee law, unlawful firearm possession after a felony crime of violence, attempted felony crime of violence, or felony involving use of a deadly weapon is treated more severely than possession following a felony drug offense. Tennessee law also separately addresses handgun possession by a person convicted of a felony, subject to statutory exceptions involving pardon, expungement, or restoration of rights.

The defense must verify the prior conviction rather than relying on a label in a police report. The exact offense, jurisdiction, disposition, restoration status, and firearm involved can matter.

What Counts as a Prior Felony Crime of Violence?

Because the classification of a felon-in-possession charge can depend on the prior conviction, the defense should obtain the actual judgment and statutory basis for that conviction.

A shorthand description in a criminal-history printout may be incomplete. Out-of-state convictions can require additional analysis. The prosecution must establish that the prior conviction fits the statutory category it relies upon.

Felony Drug Conviction and Firearm Possession

Tennessee's unlawful-possession statute specifically addresses firearm possession by a person previously convicted of a felony drug offense.

These cases often arise during traffic stops or drug investigations. The defense should analyze both possession of the firearm and the legality of the stop, detention, search, and any questioning.

If the firearm is found in a shared vehicle or residence, the State must still connect the accused to it.

Handgun Possession After Other Felony Convictions

Tennessee law separately addresses handgun or handgun-ammunition possession by a person who has been convicted of a felony, subject to specified exceptions.

Restoration of rights can be legally complex. A person should not assume that completion of a sentence automatically restores firearm rights. The defense should examine the actual restoration order, pardon, expungement, and any remaining state or federal disability.

Firearm Possession After a Domestic Violence Conviction

Tennessee law can prohibit firearm possession by a person still subject to the disabilities of a qualifying misdemeanor crime of domestic violence. Federal law can also be relevant.

The exact prior offense and relationship matter. A defense should obtain the judgment and underlying records and determine whether the prior conviction actually satisfies the legal definition being invoked.

These cases can become especially technical when an older misdemeanor conviction is being used as the basis for a new firearm prosecution.

Firearm Possession While Subject to an Order of Protection

Tennessee law can prohibit firearm possession when a person is subject to an order of protection that satisfies the applicable statutory requirements. Federal law may also apply.

The defense should obtain the actual order, determine whether it was in effect, whether the accused had the required notice and opportunity for hearing where relevant, and whether the order meets the legal requirements for the charged prohibition.

Never rely solely on an officer's statement that an order 'shows active' without reviewing the underlying order.

Other State or Federal Firearm Prohibitions

Tennessee's statute also addresses people prohibited from possessing firearms under other state or federal law. That makes the legal basis for the alleged disability critical.

The prosecution should be required to identify the prohibition and prove it applies. Restoration, expiration of an order, vacatur, expungement, pardon, or an incorrect criminal-history entry may change the analysis.

Actual Possession vs. Constructive Possession

A firearm does not have to be in someone's hand or waistband for prosecutors to allege possession. The State may rely on constructive possession when the gun is found nearby or in a place the defendant allegedly controls.

Constructive possession is not the same as mere proximity. The defense should examine knowledge, access, control, ownership, statements, location of the gun, other occupants, and forensic evidence.

A gun under a passenger seat in a car with four occupants creates a different proof problem from a gun found alone in a person's locked container.

Gun Found in a Car

Vehicle gun cases are common. Tennessee law contains important provisions concerning lawful firearm possession in a motor vehicle or boat by a person who is not legally prohibited and who is in lawful possession of the vehicle or boat.

But a vehicle can also be the setting for felon-in-possession, drug-and-gun, dangerous-felony, intoxication, or other charges. The defense should determine who owned the car, where the firearm was located, who could reach it, whether anyone claimed it, and whether police lawfully searched.

Registration of the vehicle does not automatically establish ownership of every item inside it.

Gun Found Under a Seat

A firearm under a driver's or passenger's seat often leads police to infer possession. The inference should be tested.

Who occupied that seat? Who owned the vehicle? Was the gun visible? Were there multiple occupants? Did anyone admit ownership? Was there DNA or fingerprint evidence? Had the defendant just entered the vehicle? Could another person have placed the gun there?

Location is evidence, but it is not the entire possession analysis.

Gun Found in the Center Console

A center console can be accessible to multiple occupants. The defense should determine whether it was locked, who used it, what else was inside, who owned the firearm, and whether the accused knew it was there.

Statements made during the stop can become central. Body-camera footage should be reviewed to determine exactly what was asked and what each occupant said.

Gun Found in a Shared Home or Apartment

A firearm found in a residence does not automatically belong to every person who lives there. Bedrooms, closets, safes, personal belongings, lease records, keys, and access can help show who controlled the area where the gun was found.

Police may rely on mail or identification documents to connect a defendant to a room. The defense should determine whether those items actually establish control at the relevant time.

Gun Found in a Hotel Room

Hotel rooms create similar constructive-possession questions. Who rented the room? Who was present? Who had keys? Where was the gun found? Were personal belongings associated with one person? Was the room shared?

The defense should also examine the legal basis for police entry and search.

Someone Else Says the Gun Is Theirs

A third person's ownership claim can be important but does not automatically resolve possession. More than one person can legally possess an object at the same time under some circumstances.

The defense should evaluate whether the ownership claim is credible and supported by purchase records, photographs, registration or serial-number information where relevant, messages, fingerprints, DNA, or prior possession.

Fingerprint and DNA Evidence on a Gun

Police may submit a firearm for fingerprint or DNA testing. A forensic result can help the State, help the defense, or be inconclusive.

DNA on a gun may show contact but may not establish when the contact occurred. Mixed DNA can be difficult to interpret. Lack of fingerprints does not necessarily prove a person never handled a firearm, and the presence of a print may not establish possession at the time charged.

The defense should distinguish between evidence of contact and evidence of knowing possession during the alleged offense.

Serial Numbers and Stolen Firearms

Police commonly run a firearm's serial number. If the gun is reported stolen, investigators may add theft-related allegations or use that fact in their investigation.

Possession of a stolen firearm does not automatically prove the possessor stole it. Knowledge that property was stolen can be a separate issue. The defense should investigate when and how the firearm allegedly came into the defendant's possession.

Possessing a Firearm During a Dangerous Felony

Tennessee Code Annotated § 39-17-1324 creates separate offenses for possessing a firearm with intent to go armed during the commission or attempted commission of a dangerous felony and for employing a firearm during the commission, attempt, flight, or escape from a dangerous felony.

These charges are exceptionally serious because the firearm count is separate from the underlying dangerous felony and carries mandatory minimum incarceration that is served consecutively to the other sentence.

The defense must attack both sides of the case: the underlying dangerous felony and the firearm allegation.

Possessing vs. Employing a Firearm During a Dangerous Felony

Tennessee distinguishes possession from employment of a firearm in the dangerous-felony statute. Employment is punished more severely.

Under current law, possession under the statute is a Class D felony with a mandatory minimum three-year sentence, increased to five years when the defendant has the qualifying prior felony status specified by the statute. Employment is a Class C felony with a mandatory minimum six years, increased to ten years with the specified prior felony status.

Those mandatory terms make the exact statutory theory and proof critical.

Consecutive Mandatory Sentences

A sentence under Tennessee's firearm-during-a-dangerous-felony statute must be served consecutively to the sentence for the underlying dangerous felony and other applicable sentences as provided by law.

The statute also restricts diversion, probation, community corrections, and similar release before service of the mandatory minimum, subject to applicable sentence-credit provisions.

This can make a firearm count one of the most consequential charges in an indictment even when the underlying felony receives more attention.

What Is a Dangerous Felony?

The dangerous-felony statute contains a defined list of qualifying offenses. The State cannot simply label any felony 'dangerous' for purposes of the firearm enhancement.

The indictment should identify the predicate dangerous felony. The defense should verify that the charged offense actually qualifies and whether any lesser-included offense would still qualify.

If the underlying felony fails, the associated firearm count may also be affected.

When the Gun Is an Element of the Underlying Felony

Tennessee law limits charging under the dangerous-felony firearm statute when possessing or employing a firearm is already an essential element of the underlying dangerous felony as charged.

This anti-duplication provision can be important in cases involving firearm-based aggravated offenses. The indictment and elements should be examined carefully rather than assuming every gun allegation can automatically produce a separate § 39-17-1324 count.

Gun Charges With Drug Cases

Firearms are frequently discovered during drug investigations. Prosecutors may argue that the gun protected drugs, cash, or trafficking activity and may file both possession-based and dangerous-felony firearm charges depending on the facts.

The defense should separately analyze possession of the drugs, possession of the firearm, intent to sell or deliver, the alleged connection between them, and the legality of the search.

A gun and drugs being in the same general location does not eliminate the State's burden on each element.

Gun Charges With Aggravated Assault

A firearm may be central to an aggravated-assault allegation. Depending on how the case is charged, separate weapon counts may also be filed.

The defense should examine whether a firearm was displayed, pointed, fired, or merely present; whether self-defense applies; whether witnesses agree about what happened; and whether the weapon was recovered.

Gun Charges With Robbery

A firearm can elevate robbery to aggravated robbery and can also create separate weapons issues depending on the exact charging theory.

The defense should review whether a gun was actually seen, whether an object was merely perceived as a gun, whether a firearm was recovered, and whether the same weapon allegation is being used across multiple counts in a legally permissible way.

Gun Charges With Burglary or Other Felonies

When police allege a firearm was possessed or employed during a qualifying dangerous felony, the separate mandatory firearm statute may apply.

The defense should not focus only on the gun. If the State cannot prove the predicate felony, that can fundamentally affect the firearm count.

Possession of a Handgun While Under the Influence

Tennessee Code Annotated § 39-17-1321 makes it an offense to possess a handgun while under the influence of alcohol or a controlled substance or analogue. The statute applies notwithstanding whether the person has a handgun permit.

The statute also addresses firearm possession while a person is within an establishment open to the public where alcohol is served for on-premises consumption and the person is consuming an alcoholic beverage.

A violation is a Class A misdemeanor under current law.

Gun in a Bar or Restaurant

Firearm legality in an establishment serving alcohol depends on the person's conduct and the statutory circumstances. A person should not assume that lawful carry elsewhere automatically permits possession while consuming alcohol.

Body-camera footage, receipts, witness testimony, and alcohol testing can become relevant when intoxication or consumption is disputed.

Carrying Weapons on School Property

Tennessee has specific laws governing weapons on school property. These cases require attention to the location, type of property, defendant's status, purpose, and statutory exceptions or defenses.

A firearm found in a vehicle on or near school property should be analyzed under the precise statute rather than a general assumption that all vehicle possession is treated the same.

Weapons During Judicial Proceedings

Tennessee also specifically regulates carrying weapons during judicial proceedings. Courthouses and court-related locations can create serious legal issues even for people who may lawfully possess firearms elsewhere.

The precise location, notice, purpose, and statutory exceptions should be reviewed.

Prohibited Weapons

Tennessee law separately regulates certain prohibited weapons. A case involving a modified firearm, prohibited device, or other specially regulated weapon may raise issues different from an ordinary handgun-possession case.

The defense should identify exactly what object the State claims falls within the prohibited category and whether the forensic evidence establishes that classification.

Machine Guns, Short-Barrel Firearms, and Other Federally Regulated Weapons

Some firearms and devices can implicate both Tennessee and federal law. Registration, configuration, barrel length, conversion devices, suppressors, and other technical characteristics may become important.

These cases can require careful forensic and statutory review. A visual assumption by an officer is not a substitute for proving the technical element charged.

Juvenile Gun Possession

Tennessee law contains specific restrictions on handgun possession by juveniles and additional provisions concerning firearm possession by certain people under twenty-five who have qualifying juvenile adjudications.

Juvenile gun cases can affect delinquency proceedings, transfer issues, school consequences, and future firearm rights. The exact age, adjudication history, and statute matter.

Firearm Rights Restoration

Restoring civil rights and restoring firearm rights are not always the same thing. Tennessee's statute expressly recognizes specified circumstances involving pardon, expungement, or restoration orders, but the details matter and federal law may impose separate restrictions.

A person charged after believing rights were restored should provide counsel with the complete restoration paperwork. The language of the order can be decisive.

Open Carry vs. Concealed Carry

For many lawful possessors, Tennessee's statutory carry exception applies whether the handgun is carried openly or concealed, provided all requirements are met.

The criminal case should therefore focus on the actual statutory prohibition alleged rather than assumptions based merely on whether the gun was visible.

Intent to Go Armed

Several Tennessee weapon provisions use the phrase 'intent to go armed.' That is a legal element, not simply a synonym for physical possession.

The State may infer intent from how and where a weapon was carried and surrounding circumstances. The defense should examine the firearm's location, condition, purpose, statements, and the statutory exception or prohibition involved.

Traffic Stops and Gun Charges

Many Nashville gun cases begin with a traffic stop. The defense should analyze the reason for the stop, its duration, questioning, orders to exit, frisk, vehicle search, and discovery of the firearm.

A valid gun charge cannot be evaluated separately from the Fourth Amendment if the gun was discovered only because of police conduct that may have been unlawful.

Can Police Ask if There Is a Gun in the Car?

Police frequently ask about weapons during traffic stops. A person's answer can become evidence.

The defense should review the entire encounter on body camera, including whether the person was detained, whether Miranda applied to later custodial questioning, and whether any consent to search was voluntary and within scope.

Frisk for Weapons

An officer may conduct a protective frisk only under applicable constitutional standards. The defense should determine what specific facts the officer relied upon to claim reasonable suspicion that the person was armed and dangerous.

The fact that lawful firearm possession exists in Tennessee does not eliminate Fourth Amendment requirements.

Vehicle Search Based on Marijuana Odor or Other Claimed Probable Cause

Officers may claim probable cause to search a vehicle based on odor, visible contraband, admissions, or other circumstances. Tennessee's evolving hemp and marijuana landscape can make odor-based cases fact-specific.

The defense should compare the officer's report with body camera, timing, statements, and what was actually found. If the legal basis for the search fails, the firearm may be subject to suppression.

Consent Searches

Police may ask for permission to search a vehicle, home, bag, or room. Consent must be voluntary, and the search should remain within the scope of the consent given.

Body-camera footage can show whether consent was actually requested, what the person agreed to, whether consent was limited, and whether police claimed authority they did not have.

Search Warrants for Homes

A search warrant should establish probable cause and a sufficient nexus between the alleged crime, evidence sought, and place searched.

In a gun case, the defense should review the affidavit, particularity, execution, and whether officers searched locations or containers beyond lawful scope.

Search Warrants for Phones

Phone searches can be used to find photographs with firearms, messages about guns, location information, purchases, or evidence of another felony.

The defense should determine whether the warrant authorized the categories and dates searched and whether the prosecution can reliably attribute the relevant account or communication to the defendant.

Body-Camera Evidence

Body camera can be critical in a firearm case. It may show where the gun was found, who was near it, whether the accused made a statement, whether another occupant claimed it, how officers justified a search, and whether reports accurately describe the encounter.

The defense should review the video itself rather than relying solely on the written narrative.

Statements and Admissions

An admission such as 'that's my gun' can be powerful evidence, but context matters. Was the person protecting someone else? Was the question ambiguous? Was the statement made before or after the gun was found? Was the person in custody?

Conversely, a denial does not end the investigation. The defense should compare every statement with physical and forensic evidence.

Miranda Issues

Miranda applies to custodial interrogation, not every police question. In gun cases, disputes can arise over when a roadside encounter became custodial and whether later questions were interrogation.

The defense should reconstruct the sequence from video and testimony and challenge statements when constitutional requirements were violated.

Illegal Search and Suppression

If police discovered the firearm through an unconstitutional stop, detention, search, or seizure, the defense may seek suppression.

Suppression litigation can be decisive because a possession case may depend almost entirely on the gun itself and statements made during the search.

The defense should obtain body camera, dash camera, dispatch records, warrants, and reports before evaluating a suppression motion.

Chain of Custody and Firearm Evidence

The State must reliably establish the identity and handling of physical evidence. Serial numbers, property logs, packaging, laboratory submissions, and photographs can help establish chain of custody.

Material gaps, inconsistent serial numbers, or uncertainty about which firearm was tested should be investigated.

Federal Gun Charges

Some firearm conduct can be prosecuted federally, including certain prohibited-person possession and offenses involving firearms connected to federal crimes. Federal penalties and procedures differ substantially from Tennessee state court.

A person facing potential state and federal exposure should understand that the same firearm can attract interest from more than one prosecuting authority.

Gun Charges and Orders of Protection

A firearm case may overlap with an order-of-protection proceeding. The accused should understand both the criminal charge and any court order requiring surrender or prohibiting possession.

Violating a separate court order can create additional exposure even while the underlying protection-order dispute remains pending.

Gun Charges and Domestic Violence Cases

A domestic assault case can affect firearm rights even when no firearm was involved in the underlying incident. A qualifying conviction or protection order may later make firearm possession unlawful.

Defense strategy should therefore consider collateral firearm consequences before a plea is entered.

Gun Charges and Probation

A new firearm arrest can trigger a probation violation. In addition, probation conditions may affect searches or possession restrictions independently of the new criminal statute.

The defense should obtain the actual probation conditions and determine what the supervising officer and searching officers knew.

Bond in a Nashville Gun Case

Bond depends on the specific gun charge, prior record, companion offenses, alleged conduct, and applicable law. A misdemeanor handgun-under-the-influence case is very different from a firearm-during-a-dangerous-felony indictment.

Where bond is available, the defense may address residence, employment, family support, criminal history, appearance history, firearm surrender, no-contact provisions, and other conditions tailored to the court's concerns.

Sentencing in Tennessee Gun Cases

Gun charges carry widely different sentencing consequences. Some are misdemeanors. Felon-in-possession charges can be serious felonies. Firearm-during-a-dangerous-felony charges carry mandatory minimum incarceration and consecutive sentencing.

Sentencing should be calculated from the precise subsection, offense date, prior record, offender classification, mandatory-minimum provisions, and companion charges.

Never rely on a generic statement that a 'gun charge' carries a particular sentence.

Diversion and Gun Charges

Eligibility for pretrial or judicial diversion depends on the offense and the defendant. Some gun charges may be considered for diversion in appropriate circumstances, while Tennessee's firearm-during-a-dangerous-felony statute expressly restricts diversion and alternative sentencing for its mandatory minimum.

The exact charge therefore matters before discussing any diversion outcome.

Can a Gun Charge Be Dismissed?

Potentially. Dismissal can result from lack of possession proof, a lawful-possession exception, incorrect prohibited-person status, an invalid predicate felony, suppression of the firearm, insufficient proof of intent, or other evidentiary or legal problems.

No outcome can be promised, but gun cases frequently contain technical elements that should be investigated carefully.

Can a Gun Charge Be Reduced?

Potentially. A reduction can depend on the evidence, criminal history, underlying offense, weapon facts, prosecutor, court, and legal issues.

Strong negotiation begins with identifying what the State can actually prove rather than simply asking for a lesser charge.

Common Defense Issues in Nashville Gun Cases

Gun cases often turn on a small number of recurring questions: Was the person legally prohibited? Did the person actually or constructively possess the firearm? Was the search lawful? Can the State prove intent? Does the alleged underlying felony qualify? Is the gun charge legally duplicative? What do the body camera and forensic evidence actually show?

Important Evidence to Obtain in a Gun Case

Body-camera and dash-camera footage.
Traffic-stop and dispatch records.
Search warrants and affidavits.
Photographs showing the exact location of the firearm.
Vehicle ownership and occupancy information.
Lease, hotel, or residence records where constructive possession is alleged.
Firearm property logs and serial-number records.
Fingerprint and DNA reports.
Firearm-function or technical examination reports where relevant.
Phone extraction and digital-search reports.
Statements by every occupant or witness.
Documents establishing firearm ownership.
Prior judgments relied upon for prohibited-person status.
Pardon, expungement, civil-rights restoration, or firearm-rights documents.
Orders of protection relied upon by the State.
Probation conditions and supervision records where relevant.
Evidence concerning the alleged dangerous felony underlying a § 39-17-1324 count.

Common Defenses and Challenges

The defendant did not possess the firearm.
The gun belonged to another occupant.
Mere proximity does not establish constructive possession.
The defendant did not know the firearm was present.
The defendant was legally permitted to possess or carry the handgun.
The prior conviction does not fall within the category alleged by the State.
Firearm rights had been lawfully restored or the relevant disability did not apply.
The order of protection did not satisfy the statutory basis alleged.
The traffic stop was unlawful.
The detention was unlawfully prolonged.
The frisk lacked legal justification.
The vehicle or home search lacked probable cause, consent, or a valid warrant.
Consent was involuntary or exceeded.
The firearm-during-a-dangerous-felony predicate cannot be proven.
The gun was not possessed with the required intent to go armed.
The firearm was not employed as the State alleges.
The separate gun count is barred because firearm possession or employment is an essential element of the predicate offense as charged.
Statements were obtained in violation of constitutional rights.
DNA or fingerprints show contact but do not establish possession at the charged time.
The prosecution cannot reliably attribute digital gun evidence to the defendant.

Why Hire a Former Prosecutor for a Nashville Gun Charge?

Gun prosecutions can look straightforward on an arrest affidavit: police found a firearm, the defendant has a record, or a gun was allegedly present during another felony. The real case is often more complicated.

A prosecutor must determine whether possession can be proven, whether the prior conviction qualifies, whether the search will survive a suppression challenge, whether a dangerous-felony firearm count is legally available, and whether witnesses and forensic evidence connect the gun to the defendant.

Kevin Kennedy previously handled thousands of criminal cases as a prosecutor. As a Nashville defense lawyer, he uses that experience to analyze how the State is likely to build the firearm case and where that case may fail.

A serious gun charge should be defended from the statute outward: identify the precise elements, obtain the evidence, challenge the search, test possession, verify prohibited status, and evaluate every companion charge.

What to Do After a Gun Arrest

Do not discuss the facts on recorded jail calls.
Do not ask another person to falsely claim ownership of the firearm.
Do not delete photographs, messages, location data, or other relevant evidence.
Preserve proof of lawful firearm ownership where relevant.
Preserve documents concerning restoration of rights, pardon, expungement, or prior judgments.
Tell your lawyer exactly where the gun was found and who else had access.
Identify every person in the vehicle, home, or room.
Tell counsel about every statement made to police.
Have counsel obtain body-camera footage and evaluate the stop or search promptly.
Review the exact firearm statute and any underlying felony before making decisions about the case.

Frequently Asked Questions About Gun Charges in Tennessee

What is a gun charge in Tennessee?

There is no single offense called a gun charge. Tennessee has multiple firearm and weapons statutes covering unlawful possession, prohibited persons, dangerous felonies, intoxication, restricted locations, and other conduct.

Can I carry a handgun without a permit in Tennessee?

Many qualifying people may lawfully carry a handgun openly or concealed under Tennessee's statutory permitless-carry exception, but age, lawful possession, location, prohibited status, and other restrictions still matter.

Can a convicted felon possess a gun in Tennessee?

Tennessee law restricts firearm possession after felony convictions, with different provisions and offense classifications depending on the prior conviction and firearm. Restoration issues can be complex.

What is the penalty for felon in possession in Tennessee?

It depends on the subsection and prior conviction. Current Tennessee law treats possession after certain violent or deadly-weapon felonies as a Class B felony, possession after a felony drug offense as a Class C felony, and contains a separate Class E felony handgun-possession provision for other felony convictions, subject to statutory exceptions.

Can I possess a gun after a felony drug conviction?

Tennessee law generally prohibits firearm possession by a person with a qualifying felony drug conviction. The exact conviction and any restoration issues should be reviewed.

Can I possess a gun after a misdemeanor domestic violence conviction?

A qualifying misdemeanor domestic-violence conviction can create state and federal firearm disabilities. The exact prior offense and whether the disability remains in effect matter.

Can I have a gun while an order of protection is active?

Certain qualifying orders of protection can prohibit firearm possession. The actual order and applicable state and federal requirements should be reviewed.

What if the gun belonged to someone else?

Ownership is relevant but not identical to possession. The State must prove the defendant possessed the firearm under the applicable legal standard.

Can I be charged if a gun is under the passenger seat?

Potentially. The State may allege constructive possession, but location alone does not automatically prove knowledge and control.

Can I be charged if a gun is in the center console?

Potentially. The defense should examine access, knowledge, vehicle ownership, other occupants, statements, and forensic evidence.

Can everyone in a car be charged with the same gun?

Police may arrest more than one person in some circumstances, but the prosecution must prove possession as to each defendant. Mere presence in a vehicle is not automatically possession.

What if my wife or friend says the gun is theirs?

That can be important evidence. The defense should determine whether the ownership claim is credible and supported by objective evidence.

Does the gun have to have my fingerprints on it?

No. The State can attempt to prove possession without fingerprints. Conversely, the absence of prints can be relevant depending on the case.

Does DNA on a gun prove possession?

Not necessarily. DNA may show contact with the firearm but does not always establish when the contact occurred or whether the person possessed the gun during the charged event.

Can police search my car for a gun?

Police need a lawful basis for the stop and search, such as valid consent, probable cause, a warrant, or another recognized legal doctrine. The defense should review the actual circumstances.

Can police frisk me because I have a gun?

A protective frisk must satisfy applicable constitutional standards. The facts known to the officer and the lawfulness of firearm possession can be important.

Can a gun be suppressed if the traffic stop was illegal?

Potentially. If the firearm was discovered as a result of an unconstitutional stop, detention, or search, suppression may be available depending on the facts.

Can police search my phone for pictures of guns?

They may seek a warrant or rely on another lawful basis. The warrant's scope and the connection between the phone evidence and alleged offense should be reviewed.

What is possession of a firearm during a dangerous felony?

Tennessee § 39-17-1324 creates separate offenses for possessing a firearm with intent to go armed during a dangerous felony and employing a firearm during a dangerous felony, attempt, or related flight.

How much time does a firearm during a dangerous felony charge carry?

Current Tennessee law imposes mandatory minimums. Possession generally carries a three-year mandatory minimum, or five years with the qualifying prior felony status specified by the statute. Employment generally carries six years, or ten years with the specified prior felony status. The sentence is consecutive to the underlying felony sentence.

Can I get probation for possession of a firearm during a dangerous felony?

The statute restricts probation, diversion, community corrections, and similar release before service of the mandatory minimum, subject to applicable sentence-credit rules.

What if the underlying felony gets dismissed?

The effect on a dangerous-felony firearm count depends on the charge and posture, but the predicate felony is central. The defense should analyze both counts together.

Can I be charged with a gun count when the gun is already an element of the felony?

Tennessee's dangerous-felony firearm statute contains a limitation when possession or employment of a firearm is an essential element of the underlying dangerous felony as charged. The indictment should be reviewed carefully.

Is it illegal to have a handgun while drinking?

Tennessee law prohibits possessing a handgun while under the influence and separately addresses firearm possession while consuming alcohol inside an establishment open to the public where alcohol is served for on-premises consumption.

What is the penalty for possessing a handgun while under the influence?

Under current Tennessee law, a violation of § 39-17-1321 is a Class A misdemeanor, with additional permit consequences in specified circumstances.

Can I have a gun in my vehicle in Tennessee?

Tennessee law contains protections for qualifying lawful possessors in motor vehicles and boats. Prohibited-person status, employer vehicles, restricted locations, and other circumstances can change the result.

Can a stolen gun create another charge?

Potentially. A reported-stolen firearm can lead to additional investigation or charges, but possession of a stolen gun does not by itself prove the person stole it or knew it was stolen.

Can a gun charge violate my probation?

Yes. A new firearm arrest may trigger probation proceedings, and probation conditions may independently restrict firearms.

Can a gun charge be dismissed?

Potentially. Possession problems, lawful-carry provisions, incorrect prohibited status, suppression, predicate-felony issues, or other failures of proof can support dismissal in an appropriate case.

Can a gun charge be reduced?

Potentially. The result depends on the evidence, exact statute, prior record, underlying offense, prosecutor, court, and legal issues.

Can a gun charge be expunged?

Expungement depends on the disposition and statutory eligibility. A dismissal may be eligible, while conviction eligibility varies by offense and Tennessee law.

Should I tell police the gun belongs to me?

A statement about ownership or possession can have major consequences. A person should understand the legal situation and right to counsel before giving an incriminating statement.

What should I bring to a gun-charge lawyer?

Bring the warrant or indictment, bond paperwork, prior judgments, restoration or expungement documents, order-of-protection paperwork, firearm purchase or ownership records, and any available information about the stop or search.

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Talk to a Nashville Gun Charge Lawyer

A Nashville gun case should be analyzed under the exact statute, not treated as a generic weapons charge. The defense may turn on lawful carry, prohibited status, actual or constructive possession, the location of the firearm, ownership, fingerprints or DNA, the legality of a traffic stop or search, an underlying felony, or mandatory-sentencing provisions.

Kevin Kennedy is a Nashville criminal defense lawyer and former prosecutor who has handled thousands of criminal cases. He represents people facing firearm and other criminal charges in Nashville and Davidson County and uses his prosecution experience to identify weaknesses in the State's evidence and build a defense around the actual facts and law.

If you are facing a gun charge in Nashville, call or text 615-205-7311 for a free consultation.