Gun ownership laws in Tennessee can be complicated, especially when criminal charges or protective orders are involved. While the Second Amendment guarantees the right to bear arms, both federal and state laws set clear limits on who can legally own or carry a gun. If you’ve ever asked, “What disqualifies you from owning a firearm in Tennessee?”, you’re not alone.
Whether you’re facing charges or simply want to understand your rights, here’s what you need to know.
Convictions That Lead to Loss of Gun Rights
In Tennessee, a criminal conviction doesn’t just come with potential jail time or fines, it can also impact your right to possess firearms. Felony convictions are one of the most common reasons people lose that right. That includes violent crimes and certain drug-related offenses.
Once someone is found guilty of a felony in Tennessee, they’re generally prohibited from having a firearm, regardless of whether the crime involved a weapon. Even possessing a gun after a felony conviction can lead to serious consequences, including new criminal charges and mandatory prison time.
Federal law mirrors this restriction - anyone convicted of a crime punishable by more than one year in prison, which includes most felonies, is barred from owning or handling firearms.
Other Offenses That Can Affect Gun Ownership
You don’t need a felony on your record to lose your right to own a gun. Some misdemeanor offenses also carry firearm restrictions, especially those connected to domestic violence.
For example:
- A conviction for assault against a romantic partner, co-parent, or household member can make you ineligible to possess a gun under both Tennessee and federal law.
- Violating a restraining order or protection order tied to a domestic violence case can also strip you of your right to carry or own a firearm.
These restrictions stem in part from the federal Lautenberg Amendment, which applies to anyone convicted of a misdemeanor involving domestic abuse, no matter how long ago the offense occurred.
Court Orders and Pending Charges
In some cases, you don’t even need a conviction to lose your right to possess a firearm in Tennessee. Active protection orders, often issued in domestic violence cases, can temporarily take away that right until the matter is resolved in court.
If you're currently facing criminal charges, you may be restricted from buying or carrying a firearm until the case is resolved. That’s especially true if the charges involve violence, stalking, or certain types of drug offenses.
Tennessee law also allows the Department of Safety and Homeland Security to deny handgun carry permits to applicants with:
- Prior domestic violence convictions
- Pending misdemeanor charges like stalking or DUI
- Active restraining or protective orders filed against them
DUIs and Gun Rights in Tennessee
It may come as a surprise, but driving under the influence (DUI) can also lead to a loss of firearm rights in certain cases.
If you’re currently serving a sentence for a DUI or other Class A misdemeanor, your application for a handgun carry permit will be denied until that sentence is complete. And if you’re convicted of a second DUI within ten years of the first, you’ll face a five-year waiting period before you can even apply for a permit again.
Can Your Rights Be Restored
In some situations, people who have lost their gun rights may be able to have them restored—but it’s not automatic, and it depends heavily on the circumstances.
To even be considered for the restoration of firearm rights in Tennessee, a person must typically:
- Have their civil rights (such as voting and serving on a jury) reinstated
- Petition the court for a specific order that restores their gun rights
But not everyone qualifies. If your conviction involved the use of a deadly weapon, violence, or a serious drug offense (such as possession with intent to distribute), Tennessee law may permanently block you from regaining the right to own a firearm, even if your other civil rights are restored.
This means that someone convicted of distributing marijuana, for instance, might never be allowed to legally carry a handgun in Tennessee again, regardless of how much time has passed or how clean their record has been since.
How the Law Office of Amanda Gentry Can Help
Tennessee’s firearm laws are detailed and can change depending on your criminal history, court status, or even which judge hears your case. If you’re unsure whether you’re legally allowed to own or carry a firearm in Nashville or anywhere else in Tennessee, it’s important to talk to a criminal defense attorney who understands both state and federal gun laws.
At the Law Office of Amanda Gentry, we help clients across Tennessee understand their rights, navigate firearm-related charges, and, when possible, seek restoration of their rights through the courts. Whether you're dealing with a past conviction or facing new charges, we’re here to help you understand your options.
Don’t Risk Criminal Charges. Know Where You Stand
Possessing a gun when you're not legally allowed to, even unknowingly, can lead to serious consequences, including felony charges and significant jail time. That’s why understanding where you stand under the law is critical.
If you’ve lost your gun rights in Tennessee or are worried about how a current charge might affect your ability to own a firearm, don’t wait. Contact the Law Office of Amanda Gentry today to schedule a consultation and learn more about what you can do next.
