Unlawful Weapon Charges in Tennessee
Tennessee’s weapons laws have changed significantly in recent years — permitless carry, expanded exceptions for motor vehicle transport, and new restrictions for certain young adults with serious juvenile adjudications. Understanding what is lawful and what is not, at any given time and place, is not as simple as “Tennessee allows permitless carry.” Brooks Law Firm defends clients charged with firearms and other weapons offenses throughout Memphis, Shelby County, and the surrounding area.
A weapons charge often arrives alongside another charge — a drug offense, a DUI, a traffic stop that escalated. The weapons charge frequently carries the heaviest potential penalty, and it can trigger federal prosecution or enhanced federal sentencing in cases where the client has a prior felony.
Principal Offenses
Unlawful Carrying or Possession — Tenn. Code Ann. § 39-17-1307(a)
Carrying a firearm or club with the intent to go armed. The baseline offense is a Class C misdemeanor on a first violation, elevated to Class B misdemeanor on a second or subsequent violation, and Class A misdemeanor for handgun carry at a place open to the public where others are present — subject to statutory exceptions.
Felon in Possession — Tenn. Code Ann. § 39-17-1307(b) & (c)
Possession of a firearm by a person convicted of a felony crime of violence or felony involving a deadly weapon is a Class B felony; possession of a handgun by any felon is generally a Class E felony. Federal prosecution under 18 U.S.C. § 922(g)(1) is also common, often carrying higher penalties.
Possession During a Dangerous Felony — § 39-17-1324
Possession of a firearm with intent to employ it during the commission of, attempt to commit, or escape from a “dangerous felony” as defined by statute. Carries mandatory minimum sentencing consecutive to the underlying offense.
Possession Under Domestic Violence Prohibition — § 39-17-1307(f)
Possession of a firearm while subject to an order of protection meeting the criteria of 18 U.S.C. § 922(g)(8), or after a misdemeanor crime of domestic violence conviction under 18 U.S.C. § 921, is a Class A misdemeanor in state court and a federal felony.
Young Adult Possession After Juvenile Adjudication — § 39-17-1307(j)
Added effective July 1, 2024. A person under 25 commits a Class A misdemeanor by possessing a firearm if, on or after July 1, 2024, the person was adjudicated delinquent for any of a list of serious offenses, including aggravated assault, threats of mass violence, and offenses involving the use or display of a firearm.
Carry in Prohibited Places — §§ 39-17-1309 to 1311
Tennessee law prohibits firearms in schools, school buildings, and school grounds (§ 39-17-1309); in certain government buildings; and in parks, playgrounds, civic centers, and other recreational facilities (§ 39-17-1311). Permitless carry does not authorize carry in these places.
Prohibited Weapons — § 39-17-1302
Possession of certain weapons is prohibited outright, including machine guns, short-barreled rifles and shotguns (absent federal registration), explosives, and switchblades under certain conditions. Violations range from Class E felony to higher classifications by weapon type.
Federal Firearms Offenses
Prohibited-person possession under 18 U.S.C. § 922(g), possession in furtherance of a drug trafficking crime under 18 U.S.C. § 924(c), and Armed Career Criminal Act sentencing under 18 U.S.C. § 924(e) are common companion or alternative charges in federal court.
Tennessee’s Permitless Carry Framework
Since July 1, 2021, Tenn. Code Ann. § 39-17-1307(g) has provided a statutory exception to unlawful carry for eligible individuals. Effective May 2025, the age threshold was formally amended to 18 for all adults (previously 21, with an exception for military). The exception applies only to handguns, applies only to persons lawfully permitted to possess a handgun (not to those prohibited by federal law under 18 U.S.C. § 922(g) or state law under Tenn. Code Ann. § 39-17-1316), and does not override the location-specific prohibitions in §§ 39-17-1309, 1311, and related statutes.
Handgun carry permits — the standard permit under § 39-17-1366 and the enhanced permit under § 39-17-1351 — remain important because they authorize carry in some places where permitless carry does not, and because many other states’ reciprocity agreements are keyed to permit holders rather than to permitless carriers.
Defenses Commonly Litigated
- Fourth Amendment challenges — motions to suppress evidence from stops and searches conducted without reasonable suspicion or probable cause. Weapons charges are frequently vulnerable on these grounds because the firearm was often recovered during a discretionary search.
- Lack of knowing possession — firearms found in shared vehicles, borrowed cars, or residences with multiple occupants require the State to prove the accused knew the firearm was present and exercised dominion and control over it.
- Statutory exceptions — the motor vehicle exception in § 39-17-1307(e), the residence/business/premises defense in § 39-17-1308, and the permitless carry exception in § 39-17-1307(g) each provide defenses or exceptions that may apply.
- Felon status challenges — whether the underlying conviction qualifies as a predicate, whether civil rights have been restored under Title 40, Chapter 29, and whether the relevant conviction counts under federal law as interpreted in cases like Rehaif v. United States.
- Second Amendment challenges — post-Bruen and post-Rahimi constitutional challenges to the application of particular statutes to particular defendants, where the facts present the issue.
Where These Cases Are Heard
- General Sessions Court of Shelby County — for misdemeanor weapons charges and preliminary hearings on felony charges.
- Criminal Court of Shelby County — for felony weapons charges after indictment.
- U.S. District Court for the Western District of Tennessee — for federal firearms offenses, including felon-in-possession and 924(c) prosecutions.
Working With Brooks Law Firm
Weapons cases frequently rise or fall on the stop and search that produced the firearm. We examine those events closely, identify the motions that can be filed, and prepare cases for trial where the evidence supports a defense. We also recognize when a case does not support a defense and advise clients accordingly — the worst outcomes in weapons cases often come from fighting the wrong battle. Spanish-language services are available.