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

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.