Nashville Gun & Weapons Charge Attorney
Tennessee rewrote large parts of its gun law in 2025, and a firearm count attached to another charge carries mandatory time that must be served on top of it. Austin Tomlinson is a Nashville weapons charge attorney defending these cases in Davidson County.
Tennessee More Than Doubled the "Dangerous Felony" List in 2025
Section 39-17-1324 makes it a separate crime to possess or employ a firearm during a dangerous felony, and the sentence must be served consecutive to the underlying case. The list of what counts as a dangerous felony was expanded from 13 offenses to 28 by 2025 Tenn. Acts ch. 492.
Offenses that became predicates in 2025 include robbery, aggravated robbery, especially aggravated robbery, rape, aggravated rape, rape of a child, aggravated sexual battery, and completed first and second degree murder. None of those were on the list before, though attempted first and second degree murder already were.
The date of the alleged conduct now decides the exposure. A robbery alleged before the 2025 change does not carry a § 39-17-1324 count. The same conduct after it does. Any page, article or secondhand advice describing the old thirteen-offense list is out of date, and that analysis has to be done case by case.
Firearm During a Dangerous Felony
A § 39-17-1324 count carries a mandatory minimum sentence that runs consecutive to the underlying felony, and the statute bars pretrial diversion, judicial diversion, probation, community corrections, drug court and any other supervised or unsupervised release until the mandatory minimum has been served. Be careful with anyone who quotes you a sentence-credit figure here. Section 40-35-501(j), the subsection that governs release eligibility against a § 39-17-1324 minimum, is written by its own terms to cover violations committed on or after January 1, 2008, and before July 1, 2022. For conduct outside that window it does not apply on its face, and no successor subsection was enacted to replace it. On a current case that is a question for a weapons charge attorney to raise, not an assumption to make.
| Conduct | Class | Mandatory minimum |
|---|---|---|
| Possessing a firearm with intent to go armed § 39-17-1324(a), (g)(1) |
Class D felony | 3 years |
| Possessing, with a prior felony conviction § 39-17-1324(g)(2) |
Class D felony | 5 years |
| Employing a firearm § 39-17-1324(b), (h)(1) |
Class C felony | 6 years |
| Employing, with a prior felony conviction § 39-17-1324(h)(2) |
Class C felony | 10 years |
| Any violation, with a prior conviction under this same section § 39-17-1324(j) |
Class follows the count charged | 15 years |
There is a defense written into the statute, and it is narrower than it looks. Section 39-17-1324(c) says a person may not be charged under this section if possessing or employing a firearm is an essential element of the underlying dangerous felony as charged. The catch is how the underlying felony is pled. Aggravated robbery, for example, is defined around a deadly weapon rather than a firearm specifically, and an element pled that way generally does not trigger the bar. It is still the first thing to examine on any case carrying one of these counts, but it is an argument that turns on the wording of the indictment rather than a rule that clears the count automatically.
Permitless Carry Is 21. An Enhanced Permit Is Now 18.
Tennessee's permitless carry exception at § 39-17-1307(g) applies at 21 and older, or at 18 for those with qualifying military service. In 2025 the legislature lowered the minimum age for an enhanced handgun carry permit to 18 under § 39-17-1351(b). Those are two different ages in two different statutes.
The practical result: a 19-year-old civilian with no permit is not covered by permitless carry, even though the same 19-year-old can now obtain a permit. A lot of people have heard "Tennessee is a constitutional carry state" and stopped reading there, which is how that call reaches a weapons charge attorney.
Two more limits worth knowing. The exception is written for a handgun, so it does not reach long guns or clubs even though the offense statute covers them. And it is written as an exception rather than a defense, which affects how it is raised.
| Conduct | Class |
|---|---|
| Carrying with intent to go armed, first violation § 39-17-1307(a)(2)(A) | Class C misdemeanor |
| Second or subsequent violation § 39-17-1307(a)(2)(B) | Class B misdemeanor |
| Carrying a handgun in a place open to the public with one or more persons present § 39-17-1307(a)(2)(C) | Class A misdemeanor |
| Possession after a felony crime of violence, attempt, or a felony involving a deadly weapon § 39-17-1307(b)(1)(A) | Class B felony |
| Possession after a felony drug offense § 39-17-1307(b)(1)(B) | Class C felony |
| Handgun possession after any other felony § 39-17-1307(c)(1) | Class E felony |
| Possession after a misdemeanor domestic violence conviction, or while subject to a qualifying order of protection § 39-17-1307(f) | Class A misdemeanor |
Felon in possession is three different offenses, not one. Which one applies turns entirely on what the prior felony was, and the spread runs from a Class E to a Class B felony. Both the (b) and (c) provisions now reach ammunition as well as firearms.
Schools, Posted Property and Drinking
On school property, the dividing line is intent to go armed. With that intent, § 39-17-1309(b) makes it a Class E felony. Without it, § 39-17-1309(c) makes possession of a firearm on school property a Class B misdemeanor. That single element separates a felony from a misdemeanor.
Posted property is less severe than people assume. Under § 39-17-1359, possessing a weapon on posted property is a Class B misdemeanor punishable by a $500 fine only, with no jail exposure. The statute also sets specific notice requirements, including prominent display at entrances, and defective posting is a genuine defense.
Alcohol is its own offense. Section 39-17-1321 makes it a Class A misdemeanor to possess a handgun while under the influence, or to possess a firearm while consuming alcohol inside an establishment that serves it. Where a permit holder violates the under-the-influence provision in a licensed establishment, the permit is suspended for three years.
Restoration of Firearm Rights Was Rewritten in 2025
Tennessee restructured Title 40, chapter 29 by 2025 Tenn. Acts ch. 298. The right to possess a firearm is now written into the statutory definition of citizenship rights at § 40-29-101, and the petition process runs through § 40-29-103. Section 40-29-105 was repealed.
A petition is filed in circuit court under § 40-29-103. It has to list every state and federal felony conviction, address eligibility, and carry proof behind it. The clerk notifies the district attorney, the attorney general and the coordinator of elections at least 30 days before the matter is heard, and any of them may object. The burden is on the petitioner, by a preponderance of the evidence.
The firearm piece is narrower than the rest. The 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 felonies. Subsection (b) covers a felony that was a crime of violence, involved a deadly weapon, or was a drug felony. Subsection (f)(1) reaches a misdemeanor crime of domestic violence, an order of protection that meets 18 U.S.C. § 922(g)(8), or any other state or federal firearm prohibition. Subsection (h)(1)(D) is the one that gets misread: it is not the stalking prong, which is (h)(1)(A), but a catch-all for anyone otherwise prohibited by 18 U.S.C. § 922(g) as that statute existed on January 1, 2021. Subsection (i) reaches a person adjudicated a mental defective or judicially committed to a mental institution. Subsection (j) reaches a person under 25 with certain juvenile delinquency adjudications entered on or after July 1, 2024. None of the last four requires a felony conviction at all, which is why people are surprised by them. Whether any of them reaches a particular record is worth a conversation before anyone builds a plan around it.
A separate problem survives all of this: federal law at 18 U.S.C. § 922(g)(1) has its own rules, and a state restoration order does not automatically resolve it.
Where Weapons Cases Are Actually Contested
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The Elements Bar
Section 39-17-1324(c) bars a firearm count where a firearm is an essential element of the charged felony. Whether it applies turns on how the underlying offense was pled, since a deadly weapon element is not the same as a firearm element.
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The Stop and the Search
Most weapons charges begin with a traffic stop or a pat-down. Whether there was reasonable suspicion, and whether the search exceeded it, can end the case outright.
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Possession Versus Proximity
A firearm in a shared car or a shared home is not automatically anyone's. Constructive possession requires knowledge and control, and both are provable or not.
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The Date of the Conduct
The dangerous felony list changed in 2025. When the conduct is alleged to have occurred decides which version applies.
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Which Prior, Exactly
Felon in possession runs from Class E to Class B depending on the prior. The characterization of that earlier conviction is worth checking rather than accepting.
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The Posting Itself
Section 39-17-1359 sets notice requirements. Signage that does not meet them is a defense to the charge.
Veterans and Service Members
For anyone who carries professionally, holds a clearance, or serves, a weapons charge threatens the qualification itself and not just the sentence. A felony conviction ends firearm possession outright, and a misdemeanor domestic violence conviction carries its own federal consequences.
Austin is a veteran, and understands both the practical importance of the right and what a command or an adjudicator actually looks at. That shapes the strategy from the first conversation.
Veterans Defense OptionsCarry as a Career Requirement
Law enforcement, security and cleared positions can all turn on the ability to possess a firearm lawfully.
Permitless Carry at 18 With Service
Section 39-17-1307(g) reaches 18-year-olds who are active duty, honorably discharged, or serving in a reserve or guard component after basic training.
Veterans Treatment Court
Davidson County runs a dedicated Veterans Treatment Court. Participation comes as a condition of probation or through a diversion program, depending on the case.
Why Clients Hire Austin as Their Weapons Charge Attorney
Current Law, Not Old Law
The dangerous felony list, the permit age and the restoration process all changed in 2025. Advice built on the prior versions is working from statutes that moved.
The Firearm Count Gets Attacked First
It carries the mandatory consecutive time. Removing it changes the whole negotiation on the underlying case.
The Right Itself Matters
For a lot of clients the firearm right is the point, not a side issue. Strategy that ignores that is not strategy.
Nashville Gun Charge FAQ
Tennessee has permitless carry. How am I charged?
The exception at § 39-17-1307(g) is narrower than the phrase suggests. It applies at 21 and older, or at 18 with qualifying military service. It covers a handgun, not long guns or clubs. And it requires that you lawfully possess the handgun and are somewhere you are lawfully present. Fall outside any of those and the base offense still applies.
I am 19 and got a permit. Why was I still charged?
The two ages moved separately. In 2025 the enhanced permit minimum dropped to 18 under § 39-17-1351(b), but permitless carry under § 39-17-1307(g) still begins at 21 for civilians. If you were carrying without the permit actually in effect, the exception did not cover you. This catches people out and it is worth sorting out the exact dates.
What does the extra gun charge add to my case?
A § 39-17-1324 count carries a mandatory minimum of three years for possessing or six years for employing, rising to five and ten with a prior felony. It runs consecutive to the underlying felony, and the statute blocks diversion, probation, community corrections and drug court until the mandatory minimum is served, less allowable sentence credits. It is usually the most consequential count on the indictment.
Can they charge the gun count if the robbery already involved a weapon?
Sometimes, and it depends on the exact wording of the indictment. Section 39-17-1324(c) bars the charge where possessing or employing a firearm is an essential element of the underlying dangerous felony as charged. But aggravated robbery is defined around a deadly weapon rather than a firearm specifically, so an element pled that way generally does not trigger the bar. It is worth examining on every case, and it is not the automatic answer people sometimes assume.
I have an old felony. What exactly am I facing?
It depends on the prior. A felony crime of violence or one involving a deadly weapon makes possession a Class B felony. A felony drug offense makes it a Class C felony. Any other felony, for a handgun, is a Class E felony. Both provisions now cover ammunition as well as firearms, which surprises people.
Can I get my gun rights back in Tennessee?
There is a petition process at § 40-29-103, rewritten in 2025, filed in circuit court with notice to the district attorney and others. The firearm portion is limited: the court cannot restore it unless full citizenship rights are restored and the person is not independently prohibited under § 39-17-1307. Federal law is a separate hurdle that a state order does not automatically clear.
I walked past a no-guns sign. How bad is that?
Less severe than most people fear. Under § 39-17-1359 it is a Class B misdemeanor punishable by a $500 fine only, with no jail. The statute also requires the notice to be displayed prominently, including at entrances primarily used to enter the property, so whether the posting actually complied is worth checking.
Is a gun on school property automatically a felony?
No. Under § 39-17-1309, carrying with the intent to go armed is a Class E felony, while possessing a firearm on school property without that intent is a Class B misdemeanor. Intent to go armed is the element that separates them, and it is frequently the entire fight.