Does the Second Amendment Protect Me Against Weapons Charges?

 Posted on November 18, 2024 in Guns & Weapons Charges

Tennessee has a rich history of gun ownership and its citizens have enjoyed relatively permissive laws regarding the right to bear arms. However, you could be blindsided by a weapons violation charge, even if you were a responsible gun owner otherwise. The charge of unlawful possession of a firearm can saddle you with misdemeanor or even felony charges, with serious fines and prison time being a real possibility. A Tennessee criminal defense attorney at The Baker Law Firm can advocate for your rights in court, making sure that nothing is overlooked while making a case for your defense.

The Right to Bear Arms

The Second Amendment protects the rights of American citizens to "keep and bear arms" for their own security. Tennessee’s interpretation of the Second Amendment allows for citizens over 21 (or over 18 in certain circumstances) to carry a loaded handgun without a permit, concealed or not. This only applies to handguns, however, not rifles or shotguns. Even though a permit is not strictly required for handgun ownership in Tennessee, some authorities recommend that you apply for a permit anyway, as it allows you more flexibility and defense against weapons violation charges.

What Does the Second Amendment Not Protect in Tennessee?

Though Tennessee has strong gun ownership protections, state legislature outlines specific categories of people who are not permitted to possess or carry a firearm, including:

• Minors

• Anyone with a felony drug conviction

• Anyone convicted of a violent felony involving a deadly weapon

• Anyone convicted of domestic violence

• Anyone under the influence

• Anyone banned from possessing a firearm by a federal or state ruling

Penalties for Criminal Possession of a Firearm in Tennessee

Depending on the circumstances behind the arrest, you could be charged with a misdemeanor or a felony for the unlawful possession of a firearm. It is a Class C misdemeanor to intentionally carry a firearm "with the intent to go armed," with the potential for a $50 fine and no more than 30 days in jail. On subsequent offenses, you could be charged with a Class B misdemeanor, with a $500 fine and up to six months in prison.

If you have been convicted of a felony that has not been pardoned or expunged, you face serious risks for unlawful possession of a firearm. This crime is charged as a Class E felony, which comes with a fine of up to $3,000 and a sentence of one to six years in prison. If you have been convicted of domestic violence while "still subject to the disabilities" of your sentence, you can expect to be penalized with a Class A misdemeanor, with up to a year in prison and fines of up to $2,500.

Contact a Knoxville, TN Criminal Defense Attorney Today

Weapons charges in Tennessee are serious, and the Second Amendment is not an all-encompassing defense that can save you from fines and prison time. If you have been accused of criminal possession of a firearm or a similar offense, a Knox County, TN criminal defense lawyer can advocate strongly on your behalf, against harsh prosecution. To schedule a free consultation, call 865-200-4117 today.