Clarksville Gun Crime Lawyers

The state of Tennessee is a staunch supporter of the Second Amendment, however, there are also strict gun laws in place, which entail significant penalties for those accused of violating them. If you or someone you know has been accused of a gun crime in the Volunteer State, contact our dedicated Clarksville, Tennessee gun crime lawyers today. Fendley & Birch stands ready to safeguard your Second Amendment rights.

Gun Crime Lawyers | Protecting Your Second Amendment Rights

Fendley & Birch is a staunch legal advocate for all those accused of weapons offenses in Tennessee. If you’re facing a gun charge of any kind, please don’t hesitate to speak with our skilled Montgomery County criminal defense lawyers. We are here to fight for you, every step of the way.

Tennessee’s Laws Concerning Gun Rights and Protections

Tennessee has a strong tradition of protecting the rights of gun owners while simultaneously enforcing laws aimed at curbing illegal firearm activities. Key aspects of Tennessee’s gun laws include:

• Right to Bear Arms: The Tennessee Constitution explicitly recognizes the right to keep and bear arms for self-defense and the common defense.
• Concealed Carry: Tennessee allows for concealed carry permits, granting individuals the right to carry a concealed handgun with the proper licensing.
• Stand Your Ground: Tennessee has a “Stand Your Ground” law, which allows individuals who are not engaged in unlawful activity and are in a place they have a right to be to use deadly force in self-defense, without a duty to retreat, if they reasonably believe it is necessary to protect themselves or others from imminent death or serious bodily injury.
• Open Carry: Open carry of firearms is generally permitted without a permit, although certain restrictions apply.

Common Gun-Related Crimes in Tennessee

Understanding the various gun-related crimes in Tennessee and their associated penalties is crucial for those facing charges. Here are some of the most common gun-related offenses:

• Carrying a Weapon with Intent to Go Armed (TCA § 39-17-1307(a)): This offense involves carrying a firearm with the intent to go armed. Penalties may include imprisonment and fines.
• Possession of a Firearm During the Commission of a Dangerous Felony (TCA § 39-17-1324): A person who commits a dangerous felony while in possession of a firearm can face enhanced penalties.
• Possession of a Firearm by a Convicted Felon (TCA § 39-17-1307(b), (c)): Convicted felons are generally prohibited from possessing firearms. Violation of this law can lead to imprisonment.
• Unlawful Sale or Transfer of a Firearm (TCA § 39-17-1304): Illegally selling, transferring, or gifting a firearm can result in criminal charges and penalties.
• Possession of a Firearm on School Property (TCA § 39-17-1309): Firearms are generally prohibited on school property, and violations can lead to serious consequences.
• Reckless Endangerment with a Deadly Weapon (TCA § 39-13-103): Discharging a firearm in a reckless manner that endangers others can result in criminal charges.
• Illegal Discharge of a Firearm (TCA § 39-17-1314): Firing a gun within city limits or other restricted areas may lead to criminal charges.
• Possession of a Stolen Firearm (TCA § 39-14-103; graded under § 39-14-105): Possessing a stolen firearm can result in criminal charges and penalties, even if you were not involved in the theft.

Penalties for Gun-Related Crimes

Penalties for gun-related crimes in Tennessee can vary widely depending on the specific offense, circumstances, and the defendant’s criminal history. That said, the potential penalties for the crimes mentioned above are as follows:

• Carrying a Weapon with Intent to Go Armed (TCA § 39-17-1307(a)): A first offense of carrying a firearm with the intent to go armed is typically classified as a Class C misdemeanor, punishable by up to 30 days in jail and a fine of up to $500. A second or subsequent offense is a Class B misdemeanor, and the offense is a Class A misdemeanor if the carrying occurred at a place open to the public where one or more persons were present.
• Possession of a Firearm During the Commission of a Dangerous Felony (TCA § 39-17-1324): This is a separate offense that carries a mandatory minimum sentence, which must be served consecutively to the sentence for the underlying dangerous felony. Possessing a firearm with intent to go armed during a dangerous felony carries a mandatory minimum of 3 years, and employing a firearm during a dangerous felony carries a mandatory minimum of 6 years, with higher minimums for defendants with prior convictions.
• Possession of a Firearm by a Convicted Felon (TCA § 39-17-1307(c)): Possession of a handgun by a person convicted of a felony is classified as a Class E felony. Penalties may include imprisonment for 1 to 6 years and fines of up to $3,000.
• Unlawful Sale or Transfer of a Firearm (TCA § 39-17-1304): The unlawful sale or transfer of a firearm can be a Class A misdemeanor or a Class E felony, depending on the circumstances. Penalties may include up to 11 months and 29 days in jail and fines of up to $2,500 for a Class A misdemeanor or imprisonment for 1 to 6 years and fines of up to $3,000 for a Class E felony.
• Possession of a Firearm on School Property (TCA § 39-17-1309): Possessing a firearm on school property is generally classified as a Class E felony. Penalties may include imprisonment for 1 to 6 years and fines of up to $3,000.
• Reckless Endangerment with a Deadly Weapon (TCA § 39-13-103): Reckless endangerment committed with a deadly weapon is a Class E felony, punishable by imprisonment for 1 to 6 years and fines of up to $3,000. (Reckless endangerment without a deadly weapon is a Class A misdemeanor.)
• Illegal Discharge of a Firearm (TCA § 39-17-1314): The penalties for illegal discharge of a firearm can vary, but it is typically classified as a Class B misdemeanor or a Class A misdemeanor. Penalties may include up to 6 months to 11 months and 29 days in jail and fines of up to $500 for a Class B misdemeanor, or up to 11 months and 29 days in jail and fines of up to $2,500 for a Class A misdemeanor.
• Possession of a Stolen Firearm (TCA § 39-14-103; graded under § 39-14-105): Possession of a stolen firearm is prosecuted as theft and graded by the firearm’s value. A stolen firearm worth less than $2,500 is a Class E felony, punishable by imprisonment for 1 to 6 years and fines of up to $3,000, with higher classifications for more valuable firearms.

Contact Our Tennessee Gun Crime Lawyers Today

If you find yourself facing gun-related charges in Tennessee, it’s imperative to seek legal representation promptly. An experienced Tennessee criminal defense lawyer can review the details of your case, explore potential defenses, and advocate for your rights throughout the legal process. Contact our seasoned Clarksville, Tennessee gun crime lawyers for a free initial consultation today.