Gun POSSESSION
Memphis Gun Possession Attorney – Defending Your Right to Own and Carry Firearms
If you are facing charges related to gun possession in Memphis or the surrounding areas, you need a skilled and experienced attorney who can protect your rights and help navigate Tennessee’s strict firearm laws. Whether you're charged with illegal possession, carrying a firearm without a permit, or other gun-related offenses, it’s crucial to act quickly and secure aggressive legal representation.
As your Memphis gun possession attorney, I will provide you with a comprehensive defense and fight to ensure your rights are upheld.
What is Gun Possession Under Tennessee Law?
Tennessee law regulates gun ownership, possession, and the carrying of firearms. While Tennessee generally supports the right to bear arms, there are strict rules governing who can legally own and carry a gun, and under what circumstances. Gun possession laws in Tennessee can vary depending on several factors, such as:
Whether the firearm is legally registered or licensed.
Whether you are in a public place or private property.
Whether you have a valid handgun carry permit.
Whether you have a criminal history that may prohibit firearm possession.
Types of Gun Possession Charges in Tennessee:
Illegal Possession of a Firearm: If you possess a firearm and are prohibited from doing so due to a criminal record or other disqualifying factor, you could face serious charges.
Carrying a Firearm Without a Permit: In Tennessee, carrying a handgun without a valid carry permit can result in significant penalties, including jail time.
Possession of a Firearm in Commission of a Crime: If you possess a firearm while committing a crime (such as robbery or assault), you can face additional charges and harsher penalties.
Possession of a Firearm by a Convicted Felon: Tennessee law prohibits convicted felons from possessing firearms. If you are a felon found in possession of a gun, you could face severe charges.
Improper or Reckless Use of a Firearm: Discharging a firearm in an unsafe or unlawful manner can lead to charges such as reckless endangerment.
Penalties for Gun Possession in Tennessee
Fines: Depending on the offense, you may face substantial fines in addition to jail time.
Jail or Prison Time: Illegal possession or carrying a firearm without a permit can result in jail or prison sentences. The severity of the sentence depends on the specific circumstances and your criminal history.
Probation: In some cases, the court may grant probation instead of jail time, particularly for first-time offenders.
Loss of Gun Ownership Rights: A conviction could result in the permanent loss of your right to legally own or carry a firearm.
How Pehanick Law Can Help You?
Challenging the legality of the search and seizure: We will review the circumstances of your arrest and determine if law enforcement followed proper procedures when searching for or seizing your firearm.
Reviewing eligibility for gun ownership: If you have a criminal record or other disqualifying factors, we can assess whether you are legally allowed to possess a firearm under Tennessee law.
Exploring alternative sentencing: For first-time offenders or non-violent offenses, we may be able to secure a plea deal or negotiate for a reduced sentence, including alternatives like community service or probation.
Representing you in court: If your case goes to trial, we will provide an aggressive defense to fight the charges and seek the best possible outcome for your situation.
Protecting your constitutional rights: We will ensure that your right to own and carry firearms is protected to the fullest extent of the law.
A gun possession charge can have serious consequences for your future, including the potential loss of your right to own firearms. Don’t let a mistake or misunderstanding jeopardize your Second Amendment rights.
📞 Call (901) 552-6228 today to schedule a consultation with Attorney Joseph Pehanick.
FAQs
Do I need a permit to carry a handgun in Tennessee?
Yes, to legally carry a handgun in public in Tennessee, you need a handgun carry permit. The permit allows for both open carry and concealed carry, but you must meet specific requirements, such as being at least 21 years old and not having a felony conviction.
Can I carry a firearm without a permit in Tennessee?
Generally, carrying a firearm without a permit is illegal in Tennessee. However, certain exceptions apply, such as carrying a firearm in your own home or on your own property. Some temporary measures allow for constitutional carry, but this doesn’t eliminate the need for a permit in most public spaces.
Can I carry a firearm in my car in Tennessee?
Yes, you can legally carry a firearm in your car in Tennessee, whether concealed or open, without a permit, as long as the firearm is not readily accessible (i.e., it should not be in plain sight). However, having a permit provides more legal protection if you are stopped by law enforcement.
Can a convicted felon own a gun in Tennessee?
No. Under Tennessee law, convicted felons are prohibited from owning or possessing firearms. A felon may regain their rights to own a firearm through a restoration of rights process, but this is not automatic and requires court approval.