Disclaimer: This post is for general informational purposes only and does not constitute legal advice. If you or someone you know is facing a firearm or weapons charge, consult a licensed Tennessee attorney immediately.
Tennessee treats firearm charges as some of the most serious offenses in its criminal code, and the way those charges work surprises almost everyone who ends up facing one. Part of the confusion is that several different statutes get grouped together in conversation as “gun charges,” even though they punish very different conduct and carry very different consequences. Two of them account for most of the firearm cases that move through Middle Tennessee courts. One is
unlawful possession of a firearm by a person with a prior felony, found at T.C.A. § 39-17-1307. The other is
possessing or employing a firearm during a dangerous felony, found at T.C.A. § 39-17-1324, and it is the one responsible for the
mandatory minimum sentences that add years to a case.
The detail that catches people off guard is that the second charge does not run at the same time as the underlying felony, because Tennessee requires it to be served afterward. A person who is convicted of the underlying crime and of the firearm enhancement serves the enhancement on top of the base sentence rather than folded into it, and much of that time has to be served before any release. Understanding how these two statutes work, and how the sentences stack, is the difference between understanding what you are actually facing and being blindsided by it.
Here is what each statute says, how the charges differ, and why the sentences add up the way they do.
Unlawful possession of a firearm by a felon: T.C.A. § 39-17-1307
Tennessee’s felon-in-possession law is not a single flat rule. It sorts prior convictions into tiers, and the tier determines how serious the new charge is. The statute also treats firearms generally and handguns specifically under separate subsections, which is why two people who both have a felony record can face very different charges for the same conduct.
Under subsection (b), a person commits an offense by possessing a firearm after being convicted of certain felonies. If the prior conviction was for a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving the use of a deadly weapon, the new offense is a
Class B felony under § 39-17-1307(b)(2). If the prior conviction was for a felony drug offense, the new offense is a
Class C felony under § 39-17-1307(b)(3). Under subsection (c), possessing a handgun after being convicted of any felony is a
Class E felony, unless the person’s conviction was pardoned or expunged or the person’s firearm rights were formally restored.
Those classifications translate into real sentencing exposure. For a standard offender under T.C.A. § 40-35-112(a), a Class B felony carries a range of 8 to 12 years, a Class C felony carries 3 to 6 years, and a Class E felony carries 1 to 2 years. The prior conviction on a person’s record, and whether the weapon was a handgun or another firearm, can move the same act of possession across a span of several years of potential prison time.
What this means if you have a felony record in Tennessee
A common and costly misunderstanding is the belief that a felony conviction from years ago no longer affects the right to own a gun, or that keeping a firearm at home for protection is somehow different from carrying one. Under Tennessee law, a qualifying prior felony conviction generally bars firearm possession, and that bar reaches a gun kept in the home, stored in a vehicle, or inherited from a family member. A person who genuinely did not know their record disqualified them can still be charged, because the offense turns on the fact of possession and the prior conviction, not on whether the person understood the law. Restoration of firearm rights is possible in some circumstances, but it is a formal legal process, and assuming it happened automatically is a mistake that leads directly to a new felony.
Possessing or employing a firearm during a dangerous felony: T.C.A. § 39-17-1324
The second statute is where Tennessee’s firearm penalties become severe, and it is frequently misunderstood because it operates as an enhancement on top of another crime rather than as a standalone offense that stands by itself. Section 39-17-1324 creates two distinct charges depending on what a person did with the firearm.
The first is possession. Under § 39-17-1324(a), it is an offense to possess a firearm with the intent to go armed during the commission of, or the attempt to commit, a dangerous felony. That charge is a
Class D felony. The second is employment. Under § 39-17-1324(b), it is an offense to employ a firearm during the commission or attempted commission of a dangerous felony, or during flight or escape from one. Employing a firearm is a
Class C felony, reflecting that active use is treated more harshly than possession alone.
The statute defines “dangerous felony” by name in § 39-17-1324(i), and the list is specific. It includes attempted first degree murder, attempted second degree murder, voluntary manslaughter, carjacking, especially aggravated kidnapping, aggravated kidnapping, especially aggravated burglary, aggravated burglary, especially aggravated stalking, aggravated stalking, initiating the process to manufacture methamphetamine, and certain felony drug offenses under § 39-17-417 involving the manufacture, delivery, sale, or possession with intent. There are limits on when the charge can be brought. Under subsection (c), a person cannot be charged under this statute when possession of a firearm is already an essential element of the underlying dangerous felony, and under subsection (d) the firearm count must be charged separately and tried by the same jury that hears the underlying felony.
The mandatory minimum sentences that come with § 39-17-1324
What makes this statute so consequential is that it carries mandatory minimum sentences, which means the court is required to impose at least a set floor of prison time regardless of the circumstances a judge might otherwise weigh.
For possession of a firearm during a dangerous felony under subsection (a), the mandatory minimum is
3 years for a first such offense under § 39-17-1324(g)(1), and it rises to
5 years under (g)(2) if the person has a prior felony conviction. For employing a firearm during a dangerous felony under subsection (b), the mandatory minimum is
6 years under § 39-17-1324(h)(1), and it rises to
10 years under (h)(2) if the person has a prior felony conviction. An important detail that often gets stated incorrectly is that the enhanced 5-year and 10-year minimums are triggered by any prior felony conviction, not only by a prior dangerous felony. A person with an old, unrelated felony on their record can face the higher floor.
The statute reserves its harshest floor for repeat conduct under this specific section. Under § 39-17-1324(j), a person who has a prior conviction under § 39-17-1324 faces a mandatory minimum of not less than 15 years, to be served at 100% with no early release.
Why the sentence stacks instead of running concurrently
The single most important feature of § 39-17-1324, and the one clients find hardest to believe, is that the sentence does not run at the same time as the sentence for the underlying dangerous felony. Under § 39-17-1324(e)(1), the firearm sentence must be served consecutively to any other sentence the person is serving or is sentenced to serve. In practical terms, the years for the firearm charge are added to the end of the sentence for the underlying crime rather than absorbed into it.
The stacking does not end there. Under § 39-17-1324(e)(2), a person cannot be granted pretrial diversion, judicial diversion, probation, community corrections, or any other form of supervised or unsupervised release before serving the entire mandatory minimum, subject only to the limited earned sentence credits that § 40-35-501(j) allows. For most defendants this means the mandatory minimum is served before any realistic path to release opens up, and for a repeat conviction under subsection (j), the 15-year floor is served at 100%.
What this means if you are facing a stacked firearm charge
Consider what these rules do in combination. A person charged with an underlying dangerous felony and with employing a firearm during that felony is looking at the sentence for the underlying crime plus a mandatory minimum of 6 years, or 10 years with a prior felony, added onto the end and served before release. The firearm enhancement can easily be the difference between a sentence measured in a few years and one measured in more than a decade, and because the minimums are mandatory, they are not something a judge can set aside based on the individual’s history or circumstances. That is why the firearm count is often the most consequential decision point in the entire case, and why the strategy around it needs attention from the very beginning rather than at sentencing.
Frequently Asked Questions About Tennessee Firearm Charges
Can I own a gun if I have a felony in Tennessee?
Generally no. Under T.C.A. § 39-17-1307, a qualifying prior felony conviction bars firearm possession, and possessing a handgun after any felony conviction is a Class E felony under subsection (c). Possessing a firearm after a felony crime of violence is a Class B felony, and after a felony drug offense it is a Class C felony, under subsection (b). Firearm rights can sometimes be restored, but that requires a formal legal process rather than the passage of time.
What is the difference between possessing and employing a firearm during a felony?
Under § 39-17-1324, possessing a firearm with intent to go armed during a dangerous felony is a Class D felony with a 3-year mandatory minimum, while employing a firearm during a dangerous felony is a Class C felony with a 6-year mandatory minimum. Employing means actively using the firearm, and Tennessee punishes it more severely than possession alone.
Do firearm charges in Tennessee run at the same time as the underlying crime?
No. Under § 39-17-1324(e)(1), a sentence for possessing or employing a firearm during a dangerous felony must be served consecutively to the sentence for the underlying felony. The firearm time is added on top of the base sentence rather than served at the same time.
What is a “dangerous felony” under Tennessee law?
Section 39-17-1324(i) lists them specifically, including attempted first and second degree murder, voluntary manslaughter, carjacking, especially aggravated and aggravated kidnapping, especially aggravated and aggravated burglary, especially aggravated and aggravated stalking, initiating the manufacture of methamphetamine, and certain felony drug offenses under § 39-17-417.
How long is the mandatory minimum for a firearm during a dangerous felony?
The mandatory minimum is 3 years for possession, or 5 years with a prior felony conviction, and 6 years for employing a firearm, or 10 years with a prior felony conviction, under § 39-17-1324(g) and (h). A person with a prior conviction under this same statute faces at least 15 years served at 100% under subsection (j).
Does a prior felony have to be a violent one to increase the mandatory minimum?
No. The enhanced 5-year and 10-year minimums under § 39-17-1324(g)(2) and (h)(2) are triggered by any prior felony conviction, not only a prior dangerous or violent felony. An older, unrelated felony on a person’s record can raise the floor.
The Stakes Are Higher Than Most People Realize
Firearm charges in Tennessee combine two features that make them uniquely dangerous to a defendant. The classifications carry substantial prison ranges on their own, and the enhancement statute layers mandatory minimums on top of the underlying crime and requires that they be served consecutively and largely before release. A person trying to understand these charges by reading the underlying felony alone will badly underestimate the total exposure, because the firearm count is doing much of the work quietly at the back end of the sentence. These are not charges to navigate without counsel, and the decisions that matter most, including how the firearm count is challenged and whether it can be separated from the underlying charge, are made early in the case rather than at the end.
Joseph Fuson and
Nick Schulenberg are criminal defense attorneys at Freeman & Fuson in Nashville, Tennessee, handling
weapons charges, drug offenses, and serious felony cases across Middle Tennessee. If you or someone you know is
facing a firearm charge, 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.
