Shelby County Gun Crimes Defense Attorney 

Experienced legal advocate fights to protect your rights

The right to bear arms is a vital constitutional protection. However, this right is subject to laws and regulations that are designed to protect public safety. Moreover, the high incidence of gun violence nationwide has resulted in zealous prosecution of crimes involving firearms. If you have been charged with a gun crime in Shelby County, Tennessee, The Collierville Law Firm can fight to protect your legal rights and to help you avoid the most serious penalties. 

Understanding Tennessee’s firearms laws

Tennessee’s Constitutional Carry Law allows permitless carry of handguns for adults 21 and older. The law prohibits residents from carrying firearms in certain locations, such as schools, courthouses or private properties with posted restrictions. At the same time, federal laws bar convicted felons, domestic violence offenders and those with certain mental health adjudications from possessing firearms. Violations of state or federal law can lead to serious charges.

Common weapons crimes in Shelby County, Tennessee include:

• Unlawful carrying or possession of a firearm — Carrying in a prohibited location or possessing a gun as a felon is a Class A misdemeanor or felony depending on circumstances. 
• Possession of a firearm during a dangerous felony — This is a Class D felony charged in addition to the underlying crime 
• Use of a firearm with intent to go armed in a restricted area — This ranges from Class A misdemeanor to a Class E Felony depending on circumstances.
• Possession of prohibited weapons — Switchblades, silencers and explosive devices are illegal and possession constitutes a Class E felony. 
• Reckless endangerment with a deadly weapon — Brandishing or discharging a firearm can be charged as a misdemeanor or felony depending on circumstances. 

Charges also may arise from violation of permitless carry rules or incidental possession during other crimes.

Penalties and consequences for convictions

Penalties for weapons convictions in Tennessee are as follows:

• Class A misdemeanor — Up to 11 months, 29 days in jail and $2,500 in fines 
• Class E felony — One to six years in prison and up to $3,000 in fines 
• Class D felony — Two to 12 years in prison and $5,000 fines, with a mandatory minimum of five years if the firearm is used 

Convictions can lead to permanent loss of firearm rights, employment barriers, loss of voting rights and enhanced penalties for future offenses. 

Potential defenses to weapons charges in Tennessee

Defenses available depend on the specifics of each case. Common ones include:

• Proving lack of intent to go armed — This defense disputes the allegation that the defendant intentionally, knowingly or recklessly carried a firearm with the intent to go armed, either openly or concealed, in a manner or location prohibited by law. 
• Challenging police procedures — Constitutional violations, like illegal searches or seizures, can lead to evidence suppression if police lacked probable cause. 
• Demonstrating compliance with carry laws — Complaints can be based on mistakes by witnesses or law enforcement officers.
• Mistaken identity or lack of possession — This defense can apply if the firearm was not under the defendant’s control or if someone else was the actual perpetrator. 

A criminal defense lawyer can challenge the prosecution’s evidence, witness testimony and chain of custody of the weapon in order to raise reasonable doubt. Our firm provides thorough representation, investigating all facts and presenting all possible defenses to reduce or avoid criminal consequences. 

Contact a Collierville gun crime defense attorney

The Collierville Law Firm provides effective defense counsel for clients accused of weapons offenses in Tennessee. Call 901-614-0318 or contact us online to schedule a consultation.