Nashville, TN asked in Constitutional Law, Gov & Administrative Law and Federal Crimes for Tennessee

Q: Can I carry a gun in TN after rights restored?

I am a felon whose citizenship rights have been restored pursuant to T.C.A. § 40-29-101 and T.C.A. § 40-29-107, including the right to vote, serve on a jury, and eligibility to possess a firearm under T.C.A. § 39-17-1307(b)(1), effective as of March 7, 2025. My charges included 2 counts of reckless aggravated assault, 1 count of reckless endangerment with a motor vehicle from 2011, and a violation of probation in 2013. There are no specific limitations mentioned in the court order regarding firearm possession. Can I legally carry a gun in Tennessee under these restored rights, or are there additional steps I need to take?

2 Lawyer Answers
Anthony M. Avery
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A: It is possible that your firearm disability in TN is removed. But since the conviction is not expunged, anytime you are accosted by LEOs, with a firearm, you will be at least detained if not arrested. There are also age requirements involved, and possibly some other incident in your life may prohibit firearms. Hire a competent attorney to very carefully examine your record, Order, and your history, before possessing a firearm and/or ammunition. The consequences could be catastrophic otherwise. A Pardon might be a good avenue. Good Luck!

James L. Arrasmith
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A: Your rights were restored under T.C.A. § 40-29-101 and T.C.A. § 40-29-107, which includes your eligibility to possess a firearm under T.C.A. § 39-17-1307(b)(1). This is significant because Tennessee law specifically states that a person whose civil rights have been restored can possess a handgun unless the restoration order specifically prohibits it, which yours does not. Since your court order doesn't mention specific limitations regarding firearm possession, this works in your favor.

However, there are some important considerations in your case. Tennessee law restricts firearm rights restoration for those 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" and "a felony drug offense." Your charges of reckless aggravated assault may be categorized as violent offenses, which could complicate matters. The restoration of rights effective March 7, 2025, suggests this was addressed in your case, but consulting with a legal professional would help confirm this interpretation.

If you want to legally carry a firearm in Tennessee, you should consider applying for a handgun carry permit through the Tennessee Department of Safety & Homeland Security. Be aware that even with restored rights, you'll need to disclose your criminal history during the application process. While Tennessee does have permitless carry provisions, these don't override the specific requirements for those with prior felony convictions who have had their rights restored.

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