English
EspañolWhat is the penalty for violating state firearm laws?
It is illegal for someone to intentionally carry a firearm,1 unless it is being carried under one of the following circumstances:
- at one’s home, business, or premises;
- for lawful hunting, trapping, fishing, camping, sport shooting, or other lawful activity listed on our Selected Tennessee Statutes page;2 or
- it is a handgun and the following three conditions are met:
- the person with the handgun is:
- at least 21 years old; or
- between 18 and 21 years old and a current member of, honorably discharged from, or a retired veteran of the United States armed forces, which includes the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve. In addition, s/he must have successfully completed a basic training program;
- the person is in a place where the law allows him/her to be; and
- the person is not violating any other law by having the handgun – for example, if someone is a convicted felon, it is illegal to have a handgun under federal law.3
A first offense for carrying a firearm is a Class C misdemeanor, while a second offense is a Class B misdemeanor.4 It is a Class B Misdemeanor for someone who has been convicted of stalking to carry a firearm.5 A person is guilty of a Class A misdemeanor if s/he has a firearm and:
- has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921;
- is subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) at the time s/he has the firearm; or
- is prohibited from possessing a firearm under any other state or federal law.6
It may also be a Class A Misdemeanor to have a firearm if the abuser is under 25 years of age and has been found to be a juvenile delinquent for committing certain crimes listed in subsection (j) of section 39-17-1307 of the law. Additional conditions that make it a misdemeanor for someone to carry a firearm can be seen in subsections (h) and (i) of the same law.7
It is a Class C felony if someone has a firearm after s/he has been convicted of a felony drug offense.8 It is a Class B felony if someone has a firearm after s/he has been convicted of a felony or attempted felony crime of violence or a felony using a deadly weapon.9
Carrying a handgun in a place that is open to the public and one or more people are present is a Class A misdemeanor.4 Any person who possesses a handgun and has been convicted of any felony is guilty of at least a Class E felony, unless s/he:
- has been pardoned;
- had his/her felony conviction expunged; or
- had his/her civil rights restored.10
The penalties under Tennessee law for violating these firearm laws are as follows:
| If someone is convicted of a… | Then the penalty is either or both… |
|---|---|
| Class C misdemeanor | up to 30 days in jail or a fine of $50. |
| Class B misdemeanor | up to 6 months in jail or a fine of $500. |
| Class A misdemeanor | up to 11 months and 29 days in jail or a fine of $2,500. |
| Class E felony | 1 to 6 years in prison or a fine of up to $3,000. |
| Class C felony | 3 to 15 years in prison or a fine of up to $10,000. |
| Class B felony | 8 to 30 years in prison or a fine of up to $25,000.11 |
1 Tenn. Code § 39-17-1307(a)(1)
2 Tenn. Code § 39-17-1308(2), (3), (11)
3 Tenn. Code § 39-17-1307(g)
4 Tenn. Code § 39-17-1307(a)(2)
5 Tenn. Code § 39-17-1307(h)
6 Tenn. Code § 39-17-1307(f)(1), (f)(4)
7 Tenn. Code § 39-17-1307(h), (i), (j)
8 Tenn. Code § 39-17-1307(b)(1)(B), (b)(3)
9 Tenn. Code § 39-17-1307(b)(1)(A), (b)(2)
10 Tenn. Code § 39-17-1307(c)
11 Tenn. Code § 40-35-111(b), (e)
