WEAPONS VIOLATIONS

While everyone is familiar with the 2^nd Amendment of the United States Constitution, Article 1, § 26 of the Tennessee Constitution states, “[t]hat the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.”

T.C.A. § 39-17-1307 provides that a person commits a criminal offense who “carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4″), or a club.”  The first violation is a Class C misdemeanor and a fine not to exceed $500.  A second conviction is a Class B misdemeanor.  If you carried a handgun at a place open to the public and if one or more persons were present, it is a Class A misdemeanor.

What constitutes “with the intent to go armed?”  While the definition is rather broad, consult with a lawyer at Davis & Hoss immediately.  These statutes effect critical constitutional rights that are in flux.  For example, in 2008, the United States Supreme Court addressed a 2^nd Amendment issue in D.C. v. Heller, (2008), which was the first time in over 80 years that the Supreme Court addressed a 2^nd Amendment issue. 

Further, this statute makes it a crime to possess a firearm if you have been convicted of a felony involving the use or attempted use of force or violence or have been convicted of a felony drug offense.  In that case, it is a Class E felony.

It is also a crime to possess a handgun if you have been convicted of domestic violence.

Davis & Hoss respects your 2^nd Amendment rights.  We are gun owners as well.  Contact us today to discuss your case or any questions that you have regarding your 2^nd Amendment rights.