How Criminal Convictions Impact Gun Rights in Tennessee: A Comprehensive Guide

The right to own and possess firearms is not just a matter of personal freedom for many Tennesseans; it’s a constitutionally protected right rooted deeply in Tennessee’s culture and heritage. However, a criminal conviction can permanently alter this right, sometimes with lifelong restrictions. Understanding how different types of convictions impact your gun rights and what options may be available for restoration can be complex. For those interested in returning to lawful gun ownership after a conviction, this guide will clarify the laws, restoration paths, and considerations to help you navigate the process successfully.

Understanding the Legal Foundations: Federal vs. Tennessee Gun Laws

Both federal and state laws influence who can legally own and possess firearms, with strict guidelines that Tennessee residents must follow. Here’s a breakdown of the differences between federal and Tennessee state restrictions:

• Federal Law: Under the federal Gun Control Act, anyone convicted of a felony or a domestic violence-related misdemeanor is prohibited from owning, purchasing, or possessing firearms. These federal laws apply nationwide and often impose a lifelong restriction on gun ownership. However, under specific conditions, individuals may apply for federal relief through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), though federal relief applications are infrequently granted.
  

• Tennessee State Law: While Tennessee generally aligns with federal law, it also establishes its own statutes regarding gun ownership for individuals with criminal records. Tennessee law outlines restoration pathways for certain non-violent felonies, expungement options, and other processes that allow people to potentially regain their gun rights even after a conviction.
  

Types of Convictions and Their Impact on Firearm Rights

The effect of a criminal conviction on firearm rights in Tennessee depends heavily on the type of offense, its classification (felony or misdemeanor), and whether it was violent or non-violent. Let’s examine how these categories impact firearm eligibility in Tennessee:

Felony Convictions and Lifetime Prohibitions

A felony conviction, whether for a violent or non-violent crime, generally results in a lifelong prohibition on gun ownership. In Tennessee, as in most states, this restriction applies as soon as the felony conviction is recorded. However, certain non-violent felonies may be eligible for restoration under state law, while violent felony convictions typically do not qualify.

• Violent Felonies: Crimes classified as violent, such as aggravated assault, armed robbery, and certain forms of kidnapping, are considered severe enough to prevent individuals from regaining firearm rights. Tennessee courts are typically strict about prohibiting firearm ownership for individuals with violent convictions due to public safety concerns.
  

• Non-Violent Felonies: Those convicted of non-violent offenses, such as some property crimes or lower-level drug offenses, may be eligible to restore their gun rights after a period and completion of all sentencing requirements. Tennessee law offers specific pathways for these individuals, which often include petitioning the court and demonstrating a clean record since the conviction.
  

Domestic Violence Misdemeanors and Firearm Restrictions

A common misconception is that only felony convictions affect gun rights. However, certain misdemeanors—specifically those related to domestic violence—can lead to firearm restrictions under federal law, which Tennessee also enforces. Under the federal “Lautenberg Amendment,” any domestic violence conviction can permanently ban firearm ownership, regardless of whether the crime involved physical harm or a weapon.

• Examples of Domestic Violence Offenses: These can include assault, harassment, or threats of violence against a spouse, partner, or family member. Even if classified as a misdemeanor, such a conviction can result in a lifetime prohibition on firearms.
  

• Scope of the Law: It’s important to understand that even minor or non-physical offenses, such as verbal threats or harassment, can carry this firearm restriction if related to domestic violence. Consequently, individuals facing these charges should be aware of the potential lifelong consequences on their right to bear arms.
  

Restoration of Gun Rights in Tennessee: Legal Pathways and Eligibility

For those with criminal records who are seeking to regain their right to possess firearms, Tennessee law provides two primary pathways: expungement and civil rights restoration. The best pathway depends on the type of conviction, whether the offense is eligible, and the individual’s history since the conviction.

Expungement: Clearing the Record and Restoring Rights

Expungement essentially wipes a conviction from an individual’s criminal record, allowing the person to regain all associated rights as though the conviction never occurred.

• Eligibility: Tennessee law restricts expungement to certain non-violent felonies and lower-level offenses. Crimes involving violence or significant harm, such as assault, are typically ineligible for expungement.
  

• Process and Requirements: To expunge a conviction, an individual must file a petition with the court, demonstrate that they meet eligibility criteria, and may be required to pay a filing fee. Generally, the individual must have a clean record since the conviction, no pending charges, and have completed all sentencing terms, including fines and probation. Once approved, an expunged conviction restores the right to possess firearms as if the conviction had never occurred.
  

Petition for Restoration of Civil Rights

If expungement is not possible, individuals with certain non-violent felony convictions can petition for the restoration of their civil rights, which includes the right to possess firearms.

• Eligibility Criteria: Restoration eligibility usually requires that individuals wait a minimum of several years after completing their sentence, including any probation or parole. The individual must also maintain a clean record, be free from any active court orders, and show evidence of rehabilitation.
  

• Petition Process: The individual must file a petition with the local circuit court and attend a court hearing where a judge will assess the case. Applicants often need to provide evidence of rehabilitation, such as proof of steady employment, community service, or personal testimonials from credible sources.
  

Situations Where Restoration May Not Be Possible

Certain offenses automatically and permanently bar individuals from ever possessing firearms again. These include:

• Violent Felonies: Convictions involving serious bodily harm, the use of weapons, or threats of violence.
  

• Drug Trafficking: Major drug distribution or trafficking offenses.
  

• Weapon-Related Felonies: Convictions for crimes that involved the use or possession of a weapon in a threatening or harmful manner.
  

For these offenses, Tennessee does not offer a pathway to regain gun rights. Such individuals may consult with a legal professional to fully understand their options, but in many cases, firearm rights are lost permanently.

Navigating Federal Restrictions After State Restoration

Even if Tennessee restores an individual’s firearm rights, federal restrictions may still apply. For instance, while Tennessee may allow non-violent felons to regain gun rights through state restoration or expungement, the federal government may not automatically recognize the restored rights. Federal law can still prohibit gun ownership if the individual’s record remains flagged at the national level.

• Federal Relief Process: The ATF allows for a formal application process to restore federal firearm rights, but these applications are rarely granted. It is essential for individuals to consult legal counsel to fully understand the status of their rights under both state and federal law.

Steps for Moving Forward: Tips for Those Seeking Gun Rights Restoration

Restoring gun rights after a conviction in Tennessee is a legally nuanced and often time-consuming process, so careful preparation is essential. Here are some recommended steps:

1. Consult a Knowledgeable Attorney: Legal representation is critical in navigating gun rights restoration, particularly when dealing with complex eligibility criteria and federal-state law interactions. An attorney can provide a clear assessment of your eligibility and guide you through filing the appropriate petitions.
   

2. Gather Evidence of Rehabilitation: When petitioning for restoration, judges typically look for signs of rehabilitation. This can include stable employment, a history of community involvement, completion of rehabilitation programs, and testimonials from employers or community members.
   

3. Understand Both State and Federal Regulations: Even after your state rights are restored, confirm that you meet all federal requirements for firearm possession. You may need legal advice on your federal status to ensure compliance with national laws.
   

4. Avoid New Offenses: Any subsequent legal trouble, even a minor offense, could disqualify you from seeking restoration of firearm rights or lead to a revocation of previously restored rights.
   

5. Stay Informed of Legal Changes: Gun laws at the state and federal levels can change over time. Being aware of current legislation and case law can help you understand any new options or restrictions that may impact your situation.
   

Conclusion

Losing the right to own a firearm due to a criminal conviction can be a significant personal and legal setback, but it’s not always a permanent loss. Tennessee offers clear paths for restoring gun rights under specific conditions, particularly for those convicted of non-violent crimes who demonstrate rehabilitation. Whether through expungement or civil rights restoration, working closely with an attorney and thoroughly understanding both state and federal laws can be the first steps toward regaining your firearm rights in a lawful, compliant way.

If you are affected by these laws and wish to pursue restoration, give me a call so I can assess your eligibility and guide you through this intricate process, helping you reclaim your constitutional rights safely and legally.