When Is Carrying A Firearm A Crime?
It is not a crime to own or possess a firearm. It is a crime to carry, without a permit, with the intent to go armed, a firearm. There are further criminal charges relating to carrying a weapon under specific circumstances such as during a judicial proceeding, on school property, while under the influence of an intoxicant, or on a public playground or park.
It is a state and federal felony offense for any person convicted of a felony or domestic violence offense to possess or carry a firearm. In addition, most state and federal courts have severe sentences for those convicted of possessing a firearm during the commission of a dangerous felony, including any controlled substance offense.
Both the Tennessee State Legislature and the United States Congress are actively increasing the consequences for weapons offenses. Attorneys at Hagan & Todd represent defendants in state and federal courts on all weapons offenses.
POSSESSING A FIREARM DURING COMMISSION OF ANOTHER OFFENSE
In Tennessee state courts, a person convicted of possessing a weapon during the commission of a dangerous felony faces a minimum three-year sentence consecutive to any other sentence. In federal court, a defendant can face a minimum five-year sentence if convicted of possessing a weapon during the commission of a dangerous felony.
HANDGUN CARRY PERMITS
Handgun carry permits are becoming more prevalent in the State of Tennessee. Consequently, the State Legislature is becoming more active in the revocation or suspension of handgun carry permits in certain situations.
A handgun carry permit will be revoked if the person is arrested (not convicted) of a felony involving the use, or attempted use, of force, violence or a deadly weapon or a felony drug offense. Any conviction of any felony will also result in the revocation of a handgun carry permit. Further, the Department of Safety and Homeland Security can revoke a handgun carry permit if the Department believes the permit holder “poses a material likelihood of risk of harm to the public”. Any conviction of a domestic violence offense will result in the revocation of handgun carry permit.
A person convicted of a class A misdemeanor offense must surrender a handgun carry permit to the court having jurisdiction over the case. A permit holder will not be permitted to carry a handgun during the term of the sentence imposed by the court. In order to have the permit reinstated, the permit holder must successfully complete the terms of probation, pay all fines and court costs, and submit a reinstatement fee to the Department of Safety and Homeland Security.
Hagan & Todd assists handgun carry permit holders whose permits are revoked or surrendered to the court.