Gun Rights After a Conviction in Tennessee
Gun rights after a conviction do not end the same way for everyone, and Tennessee rewrote the way rights come back in 2025. Most of what is written about this is describing the old process.
Tennessee Grades This by What the Prior Conviction Was
There is no single "felon in possession" offense in Tennessee. Section 39-17-1307 sets three different grades, and which one applies turns entirely on what the earlier conviction was. The spread runs from a Class E felony to a Class B felony.
That is the first thing most articles on this subject get wrong. "A felony means you can never own a gun again" is a summary of the federal rule, not a description of what Tennessee charges, and the difference decides what someone is actually facing.
| The prior conviction | Section | Class |
|---|---|---|
| Felony crime of violence, an attempt, or a felony involving a deadly weapon | § 39-17-1307(b)(1)(A) | Class B felony |
| Felony drug offense | § 39-17-1307(b)(1)(B) | Class C felony |
| Any other felony, handgun | § 39-17-1307(c)(1) | Class E felony |
| Misdemeanor domestic violence conviction, or subject to a qualifying order of protection | § 39-17-1307(f) | Class A misdemeanor |
Note the last row. It does not require a felony at all. A misdemeanor domestic violence conviction, and in some circumstances simply being subject to an order of protection, is enough to make possession an offense.
Restoration Now Runs Through the Citizenship Rights Statute
Tennessee restructured Title 40, chapter 29 in 2025. The right to possess a firearm is now written directly into the definition of citizenship rights at § 40-29-101, which lists among those rights "(E) The right to possess a firearm." The petition runs through § 40-29-103, filed in circuit court. Section 40-29-105 was repealed.
This is why anything written before 2025 is describing a process that no longer exists in that form. A petition has to list every state and federal felony conviction, address eligibility and carry proof behind it, with notice to the district attorney.
The firearm part is narrower than the rest of it, and this is the provision that decides most cases. A court cannot restore firearm rights unless full citizenship rights are being restored and the person is not independently prohibited under § 39-17-1307(b), (f)(1), (h)(1)(D), (i) or (j).
That list reaches well past felony convictions. Subsection (b) covers a felony that was a crime of violence, involved a deadly weapon, or was a drug felony. The others reach circumstances that do not require a felony conviction at all, which is exactly why people are surprised to find the door closed after a petition they expected to succeed.
Expungement and Firearm Restoration Are Not the Same Thing
They are separate processes, under separate statutes, with separate tests, decided on separate records. Getting one does not hand you the other, and an assumption in the wrong direction here means possessing a firearm while still prohibited.
Expungement runs through § 40-32-101 and the sections around it, and asks whether the charge or conviction qualifies to be cleared from the record. Restoration of the right to possess a firearm runs through § 40-29-103 and asks the separate question set out above. A person can qualify for one and not the other.
The older version of this page said an expungement restores firearm rights completely. That is not a safe thing for anyone to act on, and it has been removed. If the goal is to carry lawfully again, the question to ask is not "can this be expunged," it is "am I independently prohibited, and by which provision." The expungement page covers the clearing-the-record side.
A Tennessee Order Does Not Settle the Federal Question
Federal law prohibits firearm possession by a person convicted of a crime punishable by more than one year, at 18 U.S.C. § 922(g)(1). That provision runs on its own rules, and a state restoration order does not automatically resolve it.
Tennessee's own prohibition points at the federal one. The independent-prohibition test references § 922(g) as that statute existed on January 1, 2021, so the state question and the federal question are tied together without being the same question.
The practical consequence is that "my rights were restored" is an incomplete answer. The complete answer covers both, and anyone told only the state half has been told half of what they needed.
Where These Cases Are Actually Contested
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Which prior, exactly
The difference between a Class E and a Class B felony is the characterization of the earlier conviction. What the prior actually was, how it was pled and what the judgment says are all live questions rather than background facts.
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Possession, not proximity
The State has to prove possession. A firearm in a shared vehicle or a shared home is an argument about knowledge and control, and it is an argument that can be met.
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Whether a separate count attaches
A firearm alongside another felony can bring a § 39-17-1324 count with a mandatory minimum that runs consecutive. The gun and weapons charges page works through that separately.
Gun Rights After a Conviction FAQ
Does every felony ban me from owning a gun in Tennessee?
Every felony creates a prohibition, but Tennessee charges possession at different grades depending on the prior. A felony crime of violence or one involving a deadly weapon makes possession a Class B felony, a felony drug offense a Class C, and any other felony with a handgun a Class E.
If my record is expunged, can I own a firearm again?
Do not assume so. Expungement and restoration of the right to possess a firearm are separate processes under separate statutes. Ask specifically whether you remain independently prohibited before you possess anything.
How do I get my gun rights back in Tennessee?
By petition in circuit court under § 40-29-103, rewritten in 2025, with notice to the district attorney. The court cannot restore firearm rights unless full citizenship rights are being restored and you are not independently prohibited under § 39-17-1307(b), (f)(1), (h)(1)(D), (i) or (j).
I only have a misdemeanor. Am I clear?
Not necessarily. Under § 39-17-1307(f) a misdemeanor domestic violence conviction, or being subject to a qualifying order of protection, makes possession a Class A misdemeanor offense in its own right.
A Tennessee court restored my rights. Does federal law follow?
Not automatically. 18 U.S.C. § 922(g)(1) operates on its own terms, and a state order does not by itself resolve the federal prohibition. Both need answering before you possess a firearm.
Ask Which Provision Applies to You, Not Whether Felons Can Own Guns
Austin Tomlinson handles weapons charges and restoration questions in Davidson County and across Middle Tennessee, and takes every case himself. Bring the judgment from the earlier case if you have it, because that document usually answers the first question.