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Tennessee’s Gun Laws Have Mandatory Minimums Most People Never See Coming

Fri, 24 Apr 2026 19:42:00 GMT

Disclaimer: This post is for general informational purposes only and does not constitute legal advice. If you or someone you know is facing criminal charges, consult a licensed Tennessee attorney immediately.

Tennessee has some of the most serious firearm statutes in the Southeast — and two of them carry consequences that are routinely misunderstood by the people facing them.

T.C.A. § 39-17-1307 governs who can lawfully carry or possess a weapon in Tennessee and when that right ends. T.C.A. § 39-17-1324 creates a separate, standalone offense for possessing or employing a firearm during the commission of a dangerous felony — with mandatory minimum sentences that must be served day-for-day, consecutive to any other sentence.

When drug charges enter the picture, the exposure becomes even more severe.

Here is what the law actually says.

T.C.A. § 39-17-1307: Who Can — and Cannot — Carry a Firearm in Tennessee

Tennessee is a permitless carry state, meaning most lawful gun owners can carry a handgun without a permit. But § 39-17-1307 makes clear that not everyone has that right — and carrying or possessing a firearm illegally can result in felony charges.

Who is prohibited under § 39-17-1307:

Anyone convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon
Anyone who possesses a handgun and has been convicted of any felony, unless civil rights have been formally restored under T.C.A. Title 40, Chapter 29
Anyone carrying while under the influence of alcohol or a controlled substance
Anyone subject to certain orders of protection or domestic violence convictions as defined under 18 U.S.C. § 921
Anyone carrying with intent to go armed in a location where firearms are prohibited

What are the penalties?

The basic offense of carrying with intent to go armed is a Class C misdemeanor for a first offense. But the charge escalates significantly based on circumstances:

Possessing a handgun as a convicted felon is a Class E felony — punishable by one to six years.
Possessing a firearm as someone convicted of a felony crime of violence or a drug-related felony elevates the charge substantially under § 39-17-1307(b), with penalties increasing based on the nature of the prior conviction.

The statute was also amended in 2024 to address firearm possession by individuals under 25 years of age who were adjudicated delinquent for certain offenses on or after July 1, 2024. (2024 Tenn. Acts, ch. 973)

T.C.A. § 39-17-1324: Possessing or Employing a Firearm During a Dangerous Felony

This is where the consequences become most severe. § 39-17-1324 creates two distinct offenses — and they are often charged alongside the underlying felony, not instead of it.

Subsection (a) — Possessing a firearm with intent to go armed during a dangerous felony:

Simply having a firearm on your person with the intent to go armed while committing or attempting to commit a dangerous felony is a standalone offense. Under § 39-17-1324(g):

Without a prior felony conviction: Class D felony , mandatory minimum 3 years in the Department of Correction.
With a prior felony conviction: Class D felony , mandatory minimum 5 years in the Department of Correction.

Subsection (b) — Employing a firearm during a dangerous felony:

Employing — meaning actively using or displaying — a firearm during the commission of a dangerous felony is treated more severely. Under § 39-17-1324(h):

Class C felony , mandatory minimum 6 years in the Department of Correction.
With a prior conviction under this same statute: not less than 15 years , served at 100%. (§ 39-17-1324(j))

Every sentence under § 39-17-1324 runs consecutive to the underlying felony.

Under § 39-17-1324(e)(1), the mandatory minimum cannot be suspended, cannot run concurrently with another sentence, and must be served before any release is considered on that count.

What counts as a “dangerous felony”?

The statute defines dangerous felonies to include murder, robbery, aggravated assault, kidnapping, drug offenses, and other serious crimes. Drug trafficking is included — which is where these two statutes most often intersect.

When Guns and Drugs Are Found Together

Tennessee law treats the combination of firearms and drugs as evidence of criminal intent. Under § 39-17-417, Tennessee’s primary drug offense statute, possessing a controlled substance alongside a firearm can elevate a charge from simple possession to possession with intent to manufacture, deliver, or sell — even without direct evidence of a transaction.

Prosecutors frequently rely on the presence of a firearm alone to argue intent to distribute. And because drug trafficking qualifies as a dangerous felony under § 39-17-1324, a firearm found during a drug stop can trigger the gun enhancement statute on top of the drug charge.

Federal law can also apply. Under 18 U.S.C. § 924(c), using or possessing a firearm in furtherance of a drug trafficking crime carries its own federal mandatory minimums, which stack on top of state charges. It is not uncommon for a single incident to result in both state and federal prosecution.

The practical result: a firearm found near drugs is rarely treated as a coincidence. It is treated as evidence of trafficking — and trafficking is the trigger for mandatory consecutive sentencing under § 39-17-1324.

Truth in Sentencing: How Much Time Will Actually Be Served?

Tennessee’s Truth in Sentencing framework sets the minimum percentage of a sentence that must be served before release eligibility. For most felony offenses, that percentage is 30% — meaning a person sentenced to 10 years could be eligible for release after roughly 3 years.

The mandatory minimums under § 39-17-1324 operate differently. They must be served at 100% — day for day, with no reduction for good behavior and no early release eligibility for that portion of the sentence.

A practical example:

A person convicted of a Class C drug felony and a § 39-17-1324(b) employment charge could face a 10-year sentence on the drug offense (served at 30%, meaning release eligibility around year 3) plus a consecutive 6-year mandatory minimum on the gun charge served at 100% — meaning they must serve all 6 years before release is even considered on that count. The total minimum time served before any release is possible: approximately 9 years.

That is the reality of how these statutes combine in practice.

Frequently Asked Questions About Tennessee Gun Charges

Can a convicted felon possess a firearm in Tennessee?

Generally no. Under T.C.A. § 39-17-1307(c), possessing a handgun as a convicted felon is a Class E felony in Tennessee. There is a narrow exception if civil rights have been formally restored pursuant to T.C.A. Title 40, Chapter 29, and the restoration order does not specifically prohibit firearm possession.

What is the difference between possessing and employing a firearm during a dangerous felony?

Under T.C.A. § 39-17-1324, possessing a firearm with intent to go armed during a dangerous felony (subsection a) and employing a firearm during a dangerous felony (subsection b) are treated as separate offenses with different penalties. Employing — actively using or displaying — carries a higher mandatory minimum of 6 years versus 3 years for possession alone.

Do these sentences have to be served back-to-back?

Yes. Under § 39-17-1324(e)(1), any sentence imposed under this statute must run consecutive to the sentence for the underlying dangerous felony. The sentences cannot be served simultaneously.

Can I be charged under § 39-17-1324 if the firearm was already an element of my main charge?

No. Under § 39-17-1324(c), a person cannot be charged under this statute if possessing or employing the firearm is an essential element of the underlying dangerous felony as charged. However, prosecutors have discretion to charge a lesser underlying offense specifically to preserve the § 39-17-1324 enhancement.

What is a “dangerous felony” under Tennessee law?

T.C.A. § 39-17-1324 defines dangerous felonies to include murder, voluntary manslaughter, robbery, aggravated robbery, kidnapping, aggravated kidnapping, especially aggravated kidnapping, aggravated assault, drug offenses under § 39-17-417, and other serious offenses. The list is specific — consult an attorney to determine whether a particular charge qualifies.

Do these charges apply to antique firearms?

Yes. The statute was amended to include antique firearms, meaning the protections that sometimes apply to antiques under federal law do not necessarily exempt a person from Tennessee’s gun enhancement statute.

The Stakes Are Too High to Wait

If you or someone you know is facing charges under T.C.A. § 39-17-1307 or § 39-17-1324, the time to act is now — not after a plea is offered. Mandatory minimum sentences leave very little room for the court to show leniency, and the consecutive sentencing requirement means these charges add real, significant time on top of whatever else is being prosecuted.

An experienced Tennessee criminal defense attorney can evaluate the charges, identify any constitutional or procedural issues, and build a defense strategy before decisions are made that cannot be undone.

Joseph Fuson and Nick Schulenberg are criminal defense attorneys at Freeman & Fuson in Nashville, Tennessee. Call (615) 298-7272.

This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.

How Is Property Divided in a Tennessee Divorce? What Equitable Distribution Really Means

Fri, 24 Apr 2026 19:08:57 GMT

If you are thinking about divorce in Tennessee, one of the first questions you will have is: what happens to everything we own?

Most people assume the answer is simple — everything gets split down the middle. Half to you, half to your spouse.

That assumption is wrong, and it costs people thousands of dollars.

Tennessee does not divide marital property equally. It divides marital property equitably — and those two words lead to very different outcomes in a courtroom.

What Is Equitable Distribution in Tennessee?

Equitable distribution is the legal standard Tennessee courts use to divide marital property in a divorce. Under T.C.A. § 36-4-121(a)(1) , a judge is directed to divide marital property in proportions deemed just — without regard to marital fault — based on a specific set of factors.

Equitable means fair. It does not mean equal. A judge looks at your unique circumstances and decides what a fair division looks like for your family. That could be 60/40. It could be 70/30. In some cases, one spouse receives an entire asset outright.

There is no automatic 50/50 in Tennessee.

What Is Marital Property in Tennessee?

Marital property is any real or personal property — tangible or intangible — acquired by either or both spouses during the marriage, up to the date of the final divorce hearing. (T.C.A. § 36-4-121(b)(1)(A))

Marital property typically includes:

Income earned during the marriage
Real estate purchased during the marriage
Retirement accounts and investments accumulated during the marriage
Businesses built or significantly grown during the marriage
Debts incurred during the marriage

Only marital property is subject to equitable distribution. Separate property is not divided.

What Is Separate Property in Tennessee?

Separate property is what each spouse keeps entirely. Under T.C.A. § 36-4-121(b)(2), separate property includes:

Property owned by either spouse before the marriage
Property received as a gift or inheritance, even during the marriage
Pain and suffering awards and certain legal settlements
Property acquired after a legal separation order

Here is where many people make their first costly mistake: they assume that property they brought into the marriage, or received from a family member, is automatically protected. Often it is — but not always.

When Does Separate Property Become Marital Property?

Separate property can lose its protected status through two legal doctrines: commingling and transmutation.

Commingling occurs when separate property becomes so mixed with marital property that it can no longer be traced. If you owned a savings account before the marriage and spent years depositing joint income into it, a court may find that the funds are inextricably mingled and treat the entire account as marital property.

Transmutation occurs when separate property is treated in a way that demonstrates an intent to make it marital. Adding your spouse’s name to a deed you owned before the marriage, for example, can transform what was once your separate real estate into marital property subject to division.

Appreciation of separate property can also become an issue. Under T.C.A. § 36-4-121(b)(1)(A), income from and increases in value of separate p roperty during the marriage may be characterized as marital if the other spouse substantially contributed to the preservation and appreciation of that asset.

Property you believed was entirely yours may not be — and property your spouse thought was theirs may be subject to division.

What Factors Does a Tennessee Court Consider When Dividing Property?

When dividing marital property, Tennessee courts are required to weigh a specific set of factors under T.C.A. § 36-4-121(c). These include:

The length of the marriage
The age, physical and mental health, vocational skills, and earning capacity of each spouse
Each party’s contribution to the acquisition, preservation, appreciation, or dissipation of marital property — including contributions as a homemaker, wage earner, or primary parent
The relative ability of each spouse to acquire assets and income in the future
The value of each party’s separate property
The economic circumstances of each spouse at the time of division
Tax consequences and other reasonably foreseeable financial impacts
The amount of Social Security benefits available to each spouse

Tennessee law explicitly requires courts to give equal weight to homemaker contributions and wage-earner contributions. A spouse who left a career to raise children is not penalized for that choice.

This list is not exhaustive. Courts may consider any factor necessary to reach a fair result. Two divorces involving similar assets can produce very different outcomes depending on the circumstances.

The Mistakes That Cost People the Most

Assuming everything is marital. People routinely give up property they did not have to — because they did not know it qualified as separate, or because they negotiated without understanding how a court would classify it.

Accepting a division that looks equal on paper. Retirement accounts, business interests, and deferred compensation require careful valuation. A split that appears even may leave you significantly worse off once taxes, liquidity, and long-term value are factored in.

Waiting too long to get advice. The time to understand your property rights is before anything is divided — not after. Early clarity changes your position at the negotiating table.

You Do Not Have to Go to Court

It is worth noting that spouses can agree to divide their marital property in any way they choose, provided both parties enter into a Marital Dissolution Agreement (MDA) that is filed with the court. If you and your spouse can reach an agreement, you avoid the cost, time, and uncertainty of letting a judge decide. An attorney can help you negotiate a fair agreement and make sure you are not leaving money on the table.

Frequently Asked Questions About Property Division in Tennessee

Does Tennessee split everything 50/50 in a divorce? No. Tennessee is an equitable distribution state, not a community property state. Under T.C.A. § 36-4-121, courts divide marital property based on what is fair given the specific circumstances of each case — not an automatic equal split. The result could be 50/50, but it could also be 60/40 or another proportion the judge determines is just.

What is the difference between marital property and separate property in Tennessee?

Marital property is generally anything acquired by either spouse during the marriage. Separate property is what a spouse owned before the marriage or received as a gift or inheritance. Only marital property is divided in a Tennessee divorce. Separate property stays with the spouse who owns it, unless it has been commingled with marital assets or transmuted into marital property.

Can my spouse get half of my retirement account in a Tennessee divorce?

The portion of your retirement account contributed during the marriage is generally considered marital property and subject to equitable distribution. The portion contributed before the marriage is typically separate property. Courts use a calculation called the coverture fraction to determine the marital portion. Division of retirement accounts typically requires a Qualified Domestic Relations Order (QDRO).

Does it matter whose name is on the property?

Not necessarily. Tennessee courts can divide marital property regardless of whose name is on the title, deed, or account. If marital funds were used to purchase or maintain an asset, it may be classified as marital property even if only one spouse’s name appears on the paperwork.

Can I protect my assets before a divorce in Tennessee?

A prenuptial or postnuptial agreement can define what remains separate property and how marital property will be divided. Under T.C.A. § 36-3-501, these agreements are generally enforceable if entered into freely, knowledgeably, and in good faith. If no agreement exists, understanding how courts classify property — and acting before assets become commingled — is the most important step you can take.

Does marital fault affect property division in Tennessee?

No. Under T.C.A. § 36-4-121(a)(1), courts divide marital property without regard to marital fault. Adultery or bad behavior during the marriage does not directly determine who gets what — though dissipation of assets (wasteful spending contrary to the marriage) is a factor the court can consider under T.C.A. § 36-4-121(c)(5).

Talk to a Tennessee Divorce Attorney Before Anything Is Divided

Property division is one of the most consequential decisions you will make in a divorce. Getting it wrong has long-term financial consequences. Getting it right requires knowing what you own, how it is classified under Tennessee law, and what factors a court would weigh in your favor.

The earlier you have that clarity, the stronger your position — whether you are negotiating a settlement or preparing for court.

Carolanne King is a family law attorney at Freeman & Fuson in Nashville, Tennessee. If you have questions about property division or are considering divorce, call our office at (615) 298-7272.

This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.