cing a criminal possession of weapons charge in Tennessee, and having a weapons conviction on your record can change the rest of your life. You may already know the seriousness of many weapons/gun charges and be under a huge amount of stress while you await your day in court. If you are facing charges that involve a weapon in the state of Tennessee, you need to have a professional and highly experienced legal defense attorney on your side.
Although the Constitution guarantees our right to bear arms, there are significant restrictions on this right. The laws of Tennessee dictate what kinds of weapons are permissible, when they can be carried, as well as how they can be carried.
It is important to know that there are many legal defenses available for weapons charges too. As your attorney, we will challenge the prosecution to prove their case, and file motions and provide evidence in court that may get the charges against you dropped.
Please call to discuss the specifics of your case today. We’ll go over you case, and discuss your options and any available defenses that may apply in your case.
Prohibited Weapons in Tennessee
Some weapons are completely prohibited in the state of Tennessee. The following weapons are considered illegal for the average person to possess.
1) An explosive or explosive weapon (Class B felony punishable by 8-30 years in prison)
2) Machine gun (Class E felony punishable by 1-6 years in prison)
3) Short-barreled shotgun (Class E felony punishable by 1-6 years in prison)
4) Firearm Silencer (Class E felony punishable by 1-6 years in prison)
5) Switchblade knife or metal knuckles (Class A misdemeanor punishable by up to 1 year in jail).
Ref: TCA 39-17-1302
Some of these weapons definitions are very subjective. You may have a legal weapon, but be mistakenly accused of having an illegal or prohibited weapon. We are prepared to challenge the prosecuting attorney to prove that the weapon you possess clearly falls in these categories, and can get the charges dismissed if they do not.
Unlawful Carrying or Possession of a Weapon – TN Laws & Penalties
Vaguely described in Tennessee statute, unlawful possession of a weapon applies to carrying (“with intent to go”) a firearm, knife with a blade longer than 4 inches, or a club.
If you are charged with a first offense unlawful possession of a weapon charge, you will face Class C misdemeanor charges which carries a potential sentence of up to 30 days in jail and fines up to $500. However, if the offense is a second or subsequent violation, the charge will be a Class B misdemeanor which means you will face up to 6 months in jail and fines.
Other circumstances can further elevate the potential sentence for this offense. You may be facing felony charges if it involved a firearm in a public place or if you are a convicted felon.
Ref: TCA 39-17-1307
Possession of a Handgun While Under the Influence – TN Laws & Penalties
You may face criminal charges simply for having a legal weapon while being under the influence of drugs or alcohol.
This offense is a Class A misdemeanor and carries a potential sentence of up to one year in jail and fines up to $2,500.
Defenses of this charge can be similar to a DUI charge. The state needs to prove beyond a reasonable doubt that you were impaired or intoxicated, and we will challenge any evidence against you in court.
Ref: TCA 39-17-1321
Free Consultation on Any Weapons Related Criminal Charge in Tennessee
There are a wide range of weapons offenses in Tennessee, and the laws are complicated. No matter the charge you are facing we can offer knowledgeable and experienced legal defense counsel. Call for a consultation on your weapons case today and tell us the circumstances that brought you to where you are. Then we’ll tell you what you are likely facing, and how we can defend you.