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The Second Amendment to the United States Constitution protects the ‘right of the people to keep and bear arms‘ and many states, including Tennessee, have similar provisions is their constitutions. However, an individual’s right to possess and/or carry a firearm is not absolute and is subject to limitations where there is a sufficient governmental interest. One area where the government has a justifiable interest to restrict gun rights is for persons who have been charged with or convicted of certain other crimes.
Felonies and Misdemeanors: Both Tennessee law and federal law prohibit convicted felons from possessing firearms, and convictions for certain misdemeanors may also affect an individual’s gun rights. For example: a person who is convicted of or pleads guilty to the offense of domestic violence involving the use of force or the threatened use of a deadly weapon may never again possess a firearm. Convictions of other criminal charges may be expunged in certain circumstances and gun rights restored, but it is important to know how to handle these charges to preserve current and future gun ownership rights.
Guilty Pleas: Even pleading guilty to a class A misdemeanor can temporarily affect one’s gun rights. A person who pleads guilty to such a crime must forfeit his handgun carry permit for the duration of his sentence, regardless of whether the sentence is served in jail or on probation. After the sentence is served, the person may contact the department of safety about getting the handgun carry permit back.
DUIs: If a person who has a handgun permit is charged with a second offense DUI (or subsequent DUI offense), stalking, harassment, domestic violence, or a felony, that person must surrender his handgun permit when they first appear in court. A person charged with other non-felony crimes may keep his handgun permit pending the outcome of the case. However, these laws change frequently, and it is important to know the current law regarding how criminal charges affect your gun ownership and your right to carry a firearm.
