Criminal charges can affect a person’s gun rights in Tennessee even before a conviction, but the consequences depend on the charge, the stage of the case, and any court orders involved. A pending charge may interfere with purchasing or receiving a firearm, while bond conditions or an order of protection may prohibit possession. A conviction can create much longer restrictions. Tennessee and federal firearms laws also overlap, so a person can face a restriction under federal law even when Tennessee law appears to allow certain conduct.
Being arrested or charged with a crime can therefore create consequences that reach far beyond fines, jail, probation, or a criminal record.
For Tennessee gun owners, it is important to distinguish among four different activities:
- owning a firearm;
- possessing or having access to a firearm;
- receiving or purchasing a firearm; and
- carrying a firearm.
The law does not always treat those activities the same way.
It is also critical to distinguish a criminal charge from a criminal conviction. A person accused of a crime has not necessarily lost the right to possess firearms, but restrictions can still arise while the case is pending.
Does Being Charged With a Crime Automatically Take Away Your Gun Rights in Tennessee?
No. Merely being arrested or charged with a crime in Tennessee does not automatically create the same firearm prohibition that may result from a conviction. However, a pending case can still affect firearm rights through bond conditions, protective orders, background-check rules, or federal restrictions that apply to certain indictments. Someone facing criminal charges should therefore determine exactly what restrictions apply rather than assuming that firearm possession is legal simply because there has not yet been a conviction.
The specific charge matters.
For example, a misdemeanor charge may have very different firearm consequences from a felony indictment. A domestic assault case may also produce immediate restrictions because of bond conditions or an order of protection.
A defendant should review:
- the charging documents;
- the bond or release order;
- any order of protection;
- whether an indictment has been returned; and
- whether another prior conviction already creates a firearm disability.
The distinction between possession, purchase, receipt, and carrying is also important. A law that prevents someone from receiving a new firearm does not necessarily use the same language as a law prohibiting possession of a firearm already owned.
Can You Buy a Gun While Criminal Charges Are Pending in Tennessee?
Not always. Tennessee law can prevent a firearm transfer while certain criminal charges remain pending if the charge would prohibit the person from purchasing, receiving, or possessing a firearm upon conviction. A pending felony indictment can create an additional federal restriction on receiving firearms or ammunition. As a result, a person who has not been convicted may still be unable to complete a firearm purchase while the criminal case is unresolved.
Tennessee Code Annotated § 39-17-1316 governs firearm background checks and transfers. Under that statute, the Tennessee Bureau of Investigation may deny a transfer when the background check shows that the prospective purchaser has a pending charge that would make the person prohibited if convicted.
That is an important distinction because criminal defendants sometimes assume the presumption of innocence means they remain eligible to purchase firearms until a conviction occurs. The criminal justice system and firearm-transfer system do not necessarily operate that way.
A person who receives a denial may have procedures available to challenge the denial or correct missing or inaccurate case-disposition information.
Federal law can create a separate issue when the pending case has reached the indictment stage.
Can You Receive a Firearm While Under Felony Indictment?
Generally, no. Under 18 U.S.C. § 922(n), a person who is under indictment for a crime punishable by imprisonment for more than one year generally may not receive a firearm or ammunition that has been shipped or transported in interstate or foreign commerce. The statute also restricts shipping or transporting firearms or ammunition in interstate or foreign commerce. This federal restriction can apply before the defendant has been convicted of anything.
An indictment is therefore important for firearm purposes.
Federal law does not word § 922(n) as the same blanket possession prohibition that applies to many convicted felons under § 922(g)(1).
That means being under indictment does not, by itself, necessarily make continued possession of every previously lawfully acquired firearm illegal under § 922(n).
However, another restriction may still prohibit possession.
For example:
- a bond order may prohibit firearms;
- an order of protection may prohibit firearms;
- a prior conviction may already create a prohibition; or
- another provision of federal or Tennessee law may apply.
A defendant should therefore not interpret the indictment rule as permission to keep firearms without first determining whether any other restriction applies.
Can Bond Conditions Prohibit You From Having a Gun in Tennessee?
Yes. A Tennessee judge can impose conditions of pretrial release that restrict a defendant’s possession or use of firearms while a criminal case is pending. This means someone who would otherwise legally be permitted to possess a gun may still violate a court order by possessing one after being released on bond. The exact conditions of release should be reviewed carefully because violating them can jeopardize the defendant’s bond and create additional legal problems.
Tennessee Code Annotated § 40-11-116 permits courts to impose reasonable restrictions as conditions of release.
Certain cases receive more specific treatment.
Under T.C.A. § 40-11-150, courts handling certain offenses involving domestic violence, stalking, child abuse, and related conduct may impose a condition prohibiting the defendant from using or possessing a firearm or other weapon.
A defendant should therefore read the actual bond paperwork rather than relying only on general Tennessee gun laws.
A person may ordinarily be legally allowed to possess a firearm yet still be prohibited from doing so because a judge specifically ordered otherwise.
Violating a bond condition can potentially lead to:
- arrest;
- modification of bond;
- revocation of release;
- a higher bond; or
- additional complications in the pending criminal case.
Can a Domestic Assault Charge Affect Your Gun Rights Before a Conviction?
Yes. A domestic assault charge can affect firearm rights before a conviction if the court imposes a no-firearms bond condition or if the defendant becomes subject to a qualifying order of protection. The criminal charge itself does not necessarily create a permanent firearm prohibition, but related court orders can require a defendant to stop possessing firearms while the case or protective order remains in effect.
Domestic violence cases therefore require particular attention to firearm issues at the beginning of the case.
The defendant may simultaneously be dealing with:
- a criminal prosecution;
- conditions of release;
- a no-contact order;
- an order of protection; and
- federal firearm restrictions.
Those restrictions can come from different legal sources and can have different expiration dates.
A defendant should not assume that the dismissal of one proceeding automatically ends every other firearm restriction.
Does an Order of Protection Require You to Give Up Your Guns?
A qualifying Tennessee order of protection can require a person to dispossess themselves of firearms while the order remains in effect. Tennessee law requires firearm dispossession when the order meets applicable requirements, and federal law can independently prohibit firearm possession by a person subject to a qualifying domestic violence protective order. Whether a particular order triggers the prohibition depends on the wording of the order and the procedures used to issue it.
Tennessee Code Annotated § 36-3-625 addresses firearm dispossession in connection with qualifying orders of protection. When the statute applies, the respondent generally must lawfully dispossess themselves of firearms within the required time period and complete the applicable documentation.
Federal law also addresses firearm possession by people subject to certain domestic violence restraining orders under 18 U.S.C. § 922(g)(8). In United States v. Rahimi, the U.S. Supreme Court upheld the federal prohibition as applied to a person subject to a qualifying domestic violence restraining order containing the necessary findings.
Not every order is necessarily identical for purposes of federal law. The exact terms of the order, notice provided, hearing procedures, findings made by the court, and relationship between the parties can matter.
Does a Felony Conviction Take Away Gun Rights in Tennessee?
A felony conviction can significantly restrict firearm rights in Tennessee and may also trigger a separate federal firearm prohibition. The precise Tennessee restriction depends partly on the type of felony, including whether the offense involved violence, a deadly weapon, or drugs. Federal law generally prohibits firearm possession by people convicted of crimes punishable by more than one year, subject to statutory definitions and exceptions. Both Tennessee and federal law must therefore be considered after a felony conviction.
Tennessee Code Annotated § 39-17-1307 contains several firearm-possession restrictions applicable to people with felony convictions.
The statute specifically addresses convictions involving:
- felony crimes of violence;
- attempts to commit felony crimes of violence;
- felonies involving the use of a deadly weapon; and
- felony drug offenses.
Tennessee also separately regulates handgun and handgun-ammunition possession by people with felony convictions.
Federal law creates an additional layer. Under 18 U.S.C. § 922(g)(1), a person convicted of most offenses punishable by more than one year of imprisonment is prohibited from possessing firearms or ammunition, subject to the definitions and exceptions contained in federal law.
That means analyzing only Tennessee law can produce an incomplete answer. A person may believe state law permits possession after some form of restoration while a federal disability remains an issue.
Does a Misdemeanor Domestic Violence Conviction Affect Gun Rights?
Yes. A qualifying misdemeanor domestic violence conviction can prohibit firearm possession under both Tennessee and federal law even though the offense is not a felony. Tennessee Code Annotated § 39-17-1307 contains a firearm prohibition for people convicted of qualifying misdemeanor crimes of domestic violence. Federal law also prohibits possession by people convicted of a qualifying misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9).
This is one reason defendants should not assume that misdemeanor convictions have only minor collateral consequences.
Whether a particular conviction qualifies under federal law can involve more than the name given to the offense.
Federal law considers factors such as:
- the elements of the offense;
- whether physical force or a threatened deadly weapon was involved;
- the relationship between the defendant and alleged victim; and
- certain procedural protections associated with the conviction.
Federal law also contains a limited five-year provision for certain qualifying first-time misdemeanor domestic violence convictions involving a dating relationship.
That provision does not apply equally to every domestic relationship and should not be treated as a general five-year expiration of domestic violence firearm restrictions.
Tennessee lawmakers considered legislation in 2026 that would have altered certain firearm restrictions involving misdemeanor domestic violence and stalking convictions, but that legislation was deferred and had not become law as of September 2026.
The Tennessee Court of Criminal Appeals also addressed the constitutionality of Tennessee’s misdemeanor domestic violence firearm prohibition in State v. Compton in 2026.
Can a DUI Conviction Affect Your Gun Rights in Tennessee?
Yes, but a typical Tennessee DUI conviction does not ordinarily create the same blanket firearm-possession prohibition associated with a felony or qualifying domestic violence conviction. Instead, Tennessee law can restrict a person’s ability to carry a firearm with intent to go armed after certain DUI convictions. One DUI within the preceding five years or two or more DUIs within the preceding ten years can trigger this carrying restriction.
Tennessee Code Annotated § 39-17-1307(h) specifically addresses DUI history and carrying firearms. Under that provision, a person can commit an offense by carrying a firearm with intent to go armed when the person has:
- one DUI conviction within the previous five years; or
- two or more DUI convictions within the previous ten years.
This is a good example of why ownership, possession, and carrying should not be treated as interchangeable concepts.
A person may be legally permitted to keep a firearm in the home while being prohibited from carrying one with intent to go armed.
DUI convictions can also affect eligibility for a Tennessee enhanced handgun carry permit under T.C.A. § 39-17-1351.
For gun owners, these consequences can make a DUI conviction more significant than someone might expect when initially evaluating a plea offer.
Can You Keep a Gun in the House If Your Spouse or Roommate Owns It?
Possibly, but a prohibited person should not assume that a firearm is legally safe simply because someone else owns it. Firearm possession can involve actual possession as well as access or control over a weapon. Tennessee law contains an important provision involving firearms secured in a locked safe or similar container when the prohibited person does not possess the key, combination, or other normal means of access. Federal law and court orders must still be considered separately.
This issue frequently arises when one member of a household becomes prohibited but another household member lawfully owns firearms.
The prohibited person’s name not appearing on the firearm does not necessarily resolve the issue. Additionally, access and control can matter.
Tennessee Code Annotated § 39-17-1307 contains language addressing firearms stored in a securely locked safe or similar container when the person does not have:
- the key;
- the combination; or
- another normal means of access.
However, the situation can become more complicated when the restriction comes from:
- federal law;
- a bond order;
- an order of protection; or
- another court-imposed condition.
Someone who becomes prohibited should therefore obtain legal advice before deciding how firearms in the household will be stored or transferred.
Do Dismissed Criminal Charges Restore Your Gun Rights?
Dismissal of a criminal charge may remove restrictions that existed solely because that case was pending, but dismissal does not automatically eliminate every possible firearm restriction. An order of protection could remain in effect, a prior conviction could independently prohibit possession, or federal law could create another restriction. A defendant should confirm that each applicable restriction has ended before purchasing, receiving, possessing, or carrying a firearm again.
Dismissal can be particularly important when a firearm purchase was denied because the Tennessee background-check system showed an unresolved qualifying criminal charge.
Tennessee law provides procedures for addressing missing or updated disposition information.
A person may need to ensure that court records correctly reflect that:
- the charge was dismissed;
- the case was retired or otherwise resolved;
- the person was acquitted; or
- another final disposition occurred.
The end of the criminal case also does not necessarily terminate a separately filed order of protection.
Each restriction should therefore be examined independently.
What Should You Do If You Are Charged With a Crime and Own Firearms?
If you own firearms and have been charged with a crime in Tennessee, review your bond conditions and court orders immediately, tell your defense attorney about any firearms you own or can access, and determine whether state or federal law restricts possession, receipt, purchasing, or carrying. Do not wait until after entering a plea to investigate firearm consequences. The exact conviction or disposition can make a significant difference in whether firearm rights are restricted.
There are several practical steps worth taking early in the case:
Read every release document. A firearm restriction may appear in your bond conditions even if the criminal charge itself would not ordinarily prohibit possession.
Review any order of protection separately. A protective order may create obligations independent of the criminal prosecution.
Tell your lawyer about your firearms. Your attorney cannot evaluate a potential plea’s firearm consequences if they do not know firearm ownership or carrying is important to you.
Do not assume a misdemeanor is harmless to gun rights. Domestic violence, stalking, and DUI convictions can all create firearm-related consequences in different ways.
Consider federal law as well as Tennessee law. Compliance with one does not automatically establish compliance with the other.
Address these issues before accepting a plea. Once a conviction is entered, options for avoiding collateral consequences may become much more limited.
How Can a Knoxville Criminal Defense Attorney Help Protect Your Rights?
A criminal defense attorney can evaluate not only the immediate criminal penalties you face but also collateral consequences involving firearm possession, purchasing, and carrying. For Tennessee gun owners, identifying those issues before resolving the case can be important because different charges and plea dispositions can produce very different firearm consequences. An attorney can also review bond conditions, protective orders, prior convictions, and applicable Tennessee and federal firearm laws.
At Barnes & Fersten, our Knoxville criminal defense attorneys represent people facing DUI and criminal charges throughout East Tennessee. Contact Barnes & Fersten by calling 865-805-5703 or by filling out our contact form to discuss your case and build a strategy to protect your rights and your future.
This article is intended to provide general information about Tennessee and federal law and is not legal advice. Firearm laws are highly fact-specific and can change. The effect of a particular criminal charge, conviction, bond condition, or court order should be evaluated individually.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
