What Is Considered Unlawful Carry of a Weapon in Tennessee?

 Posted on April 10, 2026 in Criminal Defense

Under Tennessee Code Annotated § 39-17-1307, several different situations can lead to a weapons charge. Some are based on who is carrying the weapon. Others involve where it is being carried or what the person intends to do with it. The charges can range from a misdemeanor to a felony, depending on the circumstances. If you are facing a weapons charge in 2026, our Knox County, TN gun charges defense lawyer can help you build a defense strategy.

What Does Tennessee Law Say About Carrying Weapons?

Tennessee has undergone significant changes to its weapons laws in recent years. In 2021, Tennessee passed a permitless carry law. This means that most adults who are legally allowed to own a firearm can now carry a handgun in Tennessee without a permit. However, permitless carry does not mean there are no rules. There are still many situations where carrying a weapon is illegal, and people get charged with weapons offenses every day because they did not fully understand the law.

Who Is Prohibited From Carrying a Firearm in Tennessee?

Even under permitless carry, certain people are not allowed to carry a firearm at all. Under § 39-17-1307, it is a crime to possess a handgun if you have been convicted of a felony. This is a Class E felony charge on its own. There are very limited exceptions, such as if your civil rights have been fully restored and the restoration order does not prohibit firearms.

It is also a crime to possess a firearm if you have been convicted of a misdemeanor crime of domestic violence, if you are currently subject to an order of protection, or if you are otherwise prohibited by state or federal law from having a gun. Carrying a firearm while you have been adjudicated as mentally defective or committed to a mental institution is also a criminal offense under this statute.

These prohibitions apply whether you are carrying openly, carrying concealed, or simply having the firearm in your possession. It does not matter whether you have a permit.

What Are the Penalties for Unlawful Carry in Tennessee?

The penalties depend on the type of violation and the circumstances:

• Certain unlawful carry violations, such as carrying with intent to go armed in prohibited circumstances is a Class A misdemeanor, which can mean up to 11 months and 29 days in jail and fines up to $2,500.

• Possessing a handgun as a convicted felon is a Class E felony, which carries one to six years in prison.

• Possessing a firearm after a conviction for a violent felony or a felony involving a deadly weapon is a more serious felony with enhanced penalties.

• Possessing a deadly weapon other than a firearm with the intent to use it during the commission of a crime is a Class E felony.

• Possessing a firearm while under the influence of alcohol or drugs, even with a permit, is a separate criminal offense.

If you have a record of serious offenses, that can impact the penalties as well.

Where Is It Illegal To Carry a Weapon in Tennessee Even With a Permit?

Even if you are legally allowed to carry a firearm, there are places in Tennessee where carrying is strictly prohibited. Carrying a weapon into these locations can lead to a criminal charge regardless of whether you have a permit. Prohibited locations include:

• Schools and school grounds

• Courthouses and court facilities

• Police stations and law enforcement offices

• State and federal government buildings

• Places of worship, unless the church or organization explicitly permits it

• Certain establishments may prohibit firearms, especially if posted or restricted by law

• Any private property where the owner has posted a notice prohibiting firearms

Entering a posted location with a firearm is a criminal offense under Tennessee law. Many people are charged simply because they did not notice a posted sign or did not realize a location was off-limits.

What Defenses Are Available in a TN Unlawful Carry Case?

Your attorney will look at every aspect surrounding the charge to help you determine the most useful defense for your case. Some common defenses include:

Challenging the Stop or Search

Challenging the legality of the stop or search that led to the discovery of the weapon. If police did not have a valid reason to stop you or search your vehicle, any evidence they found may not be usable in court.

Qualifying the Weapon

Challenging whether the item actually qualifies as a deadly weapon or firearm under the legal definition. Not every object meets the legal standard.

Proving an Exception

Showing that an exception or defense applies to your situation. Under TCA § 39-17-1308, there are specific legal defenses to an unlawful carry charge, including carrying at your own residence, business, or property.

Challenging the Evidence

Challenging the prosecution's evidence that you knowingly possessed the weapon. In some cases, a weapon may be found in a shared vehicle or space, and the state must prove that you knew it was there.

Schedule a Free Consultation With Our Union County, TN Weapons Violation Defense Attorney

A weapons charge in Tennessee can have lasting consequences on your life, your record, and your rights. You need an attorney who understands these cases and knows how to fight them. Attorney Jeffrey Coller has over 10 years of experience defending clients against criminal charges in Knox County and the surrounding area.

Call Jeffrey Coller, Knoxville Criminal Defense Attorney at 865-281-1000 today to speak with a Knox County, TN gun charges defense lawyer and find out how we can help you.