Illegal Firearm Possession Lawyer in Nashville, TN
You were charged with illegal firearm possession. Maybe you were pulled over and the officer found a gun you forgot was in the car. Maybe you have an old conviction you did not realize still affected your rights. Maybe the circumstances of the search do not add up. Whatever happened, you are now facing charges that carry real consequences in Tennessee, and the decisions you make in the next few days will shape what happens next.
Byron Pugh Legal defends Nashville residents charged with illegal firearm possession and gun-related offenses throughout Middle Tennessee. This is not a situation to navigate alone or hope resolves itself. The right defense starts with understanding exactly what you are facing and building a strategy around the specific facts of your case.
Being Charged Is Not the Same as Being Convicted. Here Is Why That Matters.
A charge is the beginning of a legal process, not the end of it. The prosecution has to prove its case. Evidence can be challenged. Searches can be scrutinized. Prior record designations can be contested. What looks like an open-and-shut case to law enforcement often has vulnerabilities that an experienced Nashville gun charges attorney can identify and exploit. Before you assume the worst, understand what the charge actually requires the state to prove and where your defense can push back.
What Constitutes Illegal Firearm Possession in Tennessee
Tennessee law, specifically Tennessee Code Annotated Section 39-17-1307, defines unlawful firearm possession and outlines who is prohibited from owning or carrying a firearm. Not every possession situation is identical, and the specific circumstances of your case determine both the charges you face and the defenses available to you.
Under Tennessee law, you may be prohibited from possessing a firearm if you have a prior felony conviction, have been adjudicated as mentally incompetent by a court, or are subject to certain domestic violence restraining orders. The law also distinguishes between handguns and other weapons, and between carrying in permitted versus prohibited locations. These distinctions matter when building your defense.
Tennessee also recognizes permitless carry, which allows many residents to carry firearms without a permit under specific conditions. However, permitless carry does not eliminate all restrictions, and carrying in prohibited locations, carrying while intoxicated, or possessing a firearm as a prohibited person remains unlawful regardless of the permitless carry law.
Tennessee and Federal Charges: Understanding the Jurisdiction
Illegal firearm possession charges in Tennessee can be prosecuted under state law, federal law, or both. State law governs most possession offenses. Federal law applies when the charge involves interstate commerce, firearm trafficking, or a federal facility.
The distinction matters because the penalties differ significantly. A state charge may result in a misdemeanor. A federal charge for the same conduct can carry felony penalties and mandatory minimum sentences. An experienced Nashville gun charges attorney evaluates which jurisdiction applies and what that means for your exposure and your defense options.
Understanding which jurisdiction applies is the first step in understanding what penalties you actually face.
Penalties for Illegal Firearm Possession in Tennessee
The penalties you face depend on your prior record, the specific circumstances of the possession, and whether aggravating factors are present.
Misdemeanor Penalties
A first-time illegal firearm possession offense in Tennessee is typically charged as a Class B misdemeanor, which carries up to 30 days in jail and a fine of up to $500. A second offense escalates to a Class A misdemeanor, which carries up to 11 months and 29 days in jail and fines up to $2,500.
Felony Penalties
Felony charges arise when a prohibited person is found in possession of a firearm. If you have a prior felony conviction, particularly for a violent crime or a drug offense, possession of any firearm can be charged as a Class E felony. A Class E felony carries a sentence of one to six years in prison. Repeat offenders or those with more serious prior convictions face heavier penalties and reduced opportunities for parole.
Possession of a firearm during the commission of another crime, such as a robbery, assault, or drug offense, can result in additional felony charges stacked on top of the underlying offense. These combinations dramatically increase potential sentencing exposure.
How Byron Pugh Defends Illegal Firearm Possession Charges
The defense strategy that gives you the best chance depends on the facts of your specific arrest. Byron Pugh reviews every element of your case: how the firearm was discovered, whether the search that led to its discovery was lawful, whether you were legally permitted to carry, and whether the prosecution can actually prove what it claims.
Challenging the Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement conducted a search without probable cause, without a valid warrant, or in violation of your constitutional rights, any evidence obtained through that search may be suppressed. Suppressed evidence cannot be used against you in court, and cases built on suppressed evidence frequently result in dismissal.
Byron Pugh examines the circumstances of every search closely. Procedural errors by law enforcement are more common than most people realize, and identifying them early can fundamentally change the trajectory of your case.
Demonstrating Lawful Possession
Not every person charged with illegal firearm possession was actually unlawfully armed. If you held a valid handgun carry permit, were on property where possession was permitted, or were engaged in a lawful activity such as hunting or visiting a shooting range, your attorney can present evidence that your possession was authorized under Tennessee law.
Challenging Prohibited Person Status
In some cases, the prosecution’s claim that you are a prohibited person can itself be challenged. Prior convictions that were expunged, pardoned, or that do not meet the threshold for firearm prohibition under Tennessee or federal law may not actually bar you from possession. Byron Pugh reviews your complete record to identify whether the prohibited person designation holds up under scrutiny.
Self-Defense and Necessity
If you possessed a firearm in response to an immediate threat to your safety, Tennessee law may recognize that possession as justified. Establishing a credible self-defense argument requires documenting the specific threat, your response, and the reasonableness of your actions under the circumstances. This is a fact-intensive defense that requires experienced legal analysis.
Lack of Knowledge or Control
If the firearm belonged to someone else, was in a shared space without your knowledge, or was placed there without your awareness, lack of knowing possession may be a viable defense. Tennessee law recognizes the concept of constructive possession, meaning the prosecution must prove not just that a firearm was nearby but that you had both knowledge of it and the ability and intent to exercise control over it. Challenging the knowledge element, the control element, or both can create reasonable doubt sufficient to defeat the charge.
Why the Details of Your Arrest Matter
Two people can face the same charge and have dramatically different outcomes based on the circumstances of their arrest. The officer’s probable cause for the stop. The manner in which the search was conducted. Whether Miranda rights were given. Whether the firearm was in plain view or discovered through a search. Whether the weapon was operable. Whether your prior record actually triggers the prohibited person statutes.
Every one of these factors affects the strength of the prosecution’s case and the options available to your defense attorney. Byron Pugh does not approach illegal firearm possession cases generically. He reviews the facts of your specific arrest, identifies every weakness in the prosecution’s position, and builds a defense around what actually happened. His clients have seen charges dismissed, evidence suppressed, and sentences reduced because of the detail-level review he applies to every case.
Frequently Asked Questions About Illegal Firearm Possession in Tennessee
What is the difference between a misdemeanor and felony firearm possession charge in Tennessee?
A first-time illegal firearm possession offense is typically a Class B misdemeanor in Tennessee, carrying up to 30 days in jail and a $500 fine. The charge escalates to a felony when the person charged has a prior felony conviction, possessed the firearm during the commission of another crime, or falls into another prohibited category under Tennessee law. A Class E felony carries one to six years in prison. The specific facts of your case determine which charge applies, which is why speaking with a Nashville gun charges attorney immediately after arrest is critical.
Can illegal firearm possession charges be dismissed in Tennessee?
Yes. Charges can be dismissed for several reasons, including an unlawful search and seizure, lack of probable cause for the initial stop, suppression of key evidence, or a failure by the prosecution to prove that you knowingly possessed the firearm. Byron Pugh reviews every element of the arrest and prosecution’s evidence to identify grounds for dismissal, suppression, or reduction of charges.
Does Tennessee’s permitless carry law protect me from illegal possession charges?
Permitless carry allows many Tennessee residents to carry firearms without a permit under specific conditions, but it does not eliminate all firearm restrictions. Prohibited persons, including those with prior felony convictions, are not covered by permitless carry. Carrying in prohibited locations such as schools, government buildings, or private property where firearms are banned remains unlawful. If you were charged despite believing your possession was legal under permitless carry, a Nashville firearm possession attorney can evaluate whether your arrest was proper.
Can my prior conviction be challenged as a basis for the prohibited person charge?
In some cases, yes. Convictions that were expunged, pardoned, or that do not meet the statutory threshold for firearm prohibition under Tennessee or federal law may not actually make you a prohibited person. Byron Pugh reviews your complete criminal history to determine whether the prohibited person designation is legally sound and whether it can be challenged as part of your defense.
What should I do immediately after being charged with illegal firearm possession?
Do not make a statement to law enforcement without an attorney present. Exercise your right to remain silent. Contact Byron Pugh Legal as soon as possible so your attorney can review the circumstances of your arrest, preserve evidence, and begin building your defense before critical details are lost.
What to Do After Being Charged with Illegal Firearm Possession in Nashville
Do not give a statement to law enforcement without an attorney present. Anything you say after your arrest can be used against you, and there is no advantage to providing additional information before you have legal representation.
Contact a Nashville gun charges attorney as soon as possible after your arrest. The earlier Byron Pugh can review your case, the more options are available. Evidence can be preserved, witnesses can be identified, and procedural errors can be caught before they disappear from the record.
Contact Byron Pugh Legal today for a free, confidential case review. Learn more about how Byron Pugh defends gun charges throughout Nashville and Middle Tennessee and what aggressive criminal defense looks like from the first call through resolution.
Call 615-255-9595. Accused of a crime? Do not hesitate.
