If you’ve been convicted of a felony in Tennessee, you may lose certain rights, such as the right to possess firearms. According to T.C.A. § 39-17-1307, these include violent felony crimes, attempted violent felony crimes, felonies involving a deadly weapon, or a felony drug offense. After these certain criminal convictions, possession of a gun, even if it is not registered to the individual, may result in another felony charge.
Felon in Possession of Firearm
This charge is called Felon in Possession of Firearm. If the prior conviction was a violent felony, an attempted violent felony, or a felony involving a deadly weapon, it could be a Class B felony with a penalty of eight to thirty years of incarceration and a maximum fine of $25,000. If the prior conviction was a felony drug offense, it could be a Class C felony with penalties of three to fifteen years of incarceration and a maximum fine of $10,000.
However, losing the right to possess firearms is not always absolute in Tennessee. Restoring gun rights following a felony conviction is an intricate process, but certainly not impossible. T.C.A. § 39-17-1307 (c) outlines three possible paths to restoration.
First Pathway to Restoration
First Pathway to Restoration: Pardon According to T.C.A. § 39-17-1307 (c)(1)(A), a felon who has been pardoned may be able to possess a firearm. This pardon must come from the Tennessee Governor and requires several steps. First, in preparing the application, an individual must collect and organize detailed information about their criminal history, personal character references, and evidence of rehabilitation. This often includes letters of recommendation, proof of employment, community service records, and any other documentation that supports a claim of rehabilitation.
Next, the completed application should be submitted to the Tennessee Board of Parole. The Board reviews the application and makes a recommendation to the Governor. If the recommendation is favorable, the Governor will then make the final decision on granting the pardon. It is important to note that the Governor holds significant discretion in granting pardons and restoring gun rights. The decision is influenced by various factors, including the nature of the offense, the time elapsed since the conviction, and evidence of rehabilitation and contributions to society.
Second Pathway to Restoration
Second Pathway to Restoration: Expungement According to T.C.A. § 39-17-1307 (c)(1) (B), a felon who has had an underlying felony conviction may be able to possess a firearm. The process for expungement is governed by statute and involves the legal removal of certain convictions from a person’s public record. However, the criteria for what convictions are eligible are highly specific and the statutes can be complex. The process includes filing a petition in court and demonstrating that the individual meets the criteria for expungement, which may vary based on the offense and other factors. Although expungement itself does not restore gun rights, it may simplify the process of applying for a pardon or other forms of relief.
Third Pathway to Restoration
Third Pathway to Restoration: Certificate of Restoration According to T.C.A. § 39-17-1307 (c)(1)(C), a felon who has had their civil rights restored under T.C.A. § 40-29, and the restoration order does not specifically prohibit firearm possession, may be able to possess a firearm. With this provision, the Tennessee Board of Parole can issue a Certificate of Restoration to individuals who have completed their sentence. This includes not only incarceration but also any probation, parole, and other conditions imposed by the court. Additionally, all financial obligations, such as fines, restitution, and court costs, must be fully paid. This certificate is a formal acknowledgment that the individual has fulfilled all legal requirements and can be a vital component in the application for restoring firearm rights.
Additionally, Tennessee law typically requires a waiting period before a person can apply for restoration. The length of this period depends on the nature of the felony and their compliance with all sentencing terms. For some convictions, there may be a statutory waiting period, while for others, the waiting period could be more flexible. The journey to reclaiming gun rights is not only about restoring personal freedoms but also about demonstrating commitment to rehabilitation and responsible citizenship. Ultimately, restoring gun rights after a felony conviction in Tennessee is a challenging yet achievable process.
If you or someone you know is attempting to regain their right to possess a firearm after a felony conviction, it is important to seek legal assistance. At King Law Offices, we understand the sensitivity and complexity of these statutes and are here to help. Our experienced attorneys can guide you through the service process and the rest of your legal issues. Contact King Law Offices today at (888)-748-KING (5464) for a consultation.
FAQ: Restoration of Gun Rights for Felons in Tennessee
1. Can a convicted felon legally own a firearm in Tennessee?
Not immediately. In Tennessee, individuals convicted of certain felonies—including violent crimes, drug offenses, and crimes involving deadly weapons—lose their gun rights. However, firearm rights may be regained through specific legal procedures focused on rights restoration.
2. What is the charge for a felon caught with a firearm in Tennessee?
The charge is “Felon in Possession of a Firearm.” Depending on the felony type, it can be a Class B or Class C felony. Penalties include prison time and heavy fines. Attempting to regain gun rights without completing a legal application to restore gun rights Tennessee can lead to further legal consequences.
3. What are the three main ways to restore gun rights in Tennessee?
Tennessee law (T.C.A. § 39-17-1307(c)) provides three paths for firearm rights restoration:
- Gubernatorial Pardon: A formal pardon restoring certain civil rights, including gun ownership.
- Expungement: Legal clearing of specific convictions that may ease the application to restore gun rights Tennessee.
- Certificate of Restoration: A process focused solely on rights restoration, including firearm rights, upon completion of sentencing and other legal requirements.
4. How do I qualify for a gubernatorial pardon in Tennessee?
You must submit a detailed application to restore gun rights in Tennessee, including documentation proving rehabilitation (e.g., employment, character references, community service). The Board of Parole reviews it and may recommend rights restoration to the Governor.
5. Does a pardon automatically restore my firearm rights?
Yes, if the Governor grants a pardon that includes restoration of gun rights. However, the Governor has discretion, and not all pardons include civil rights restoration related to firearms.
6. What is expungement and how does it affect my firearm rights?
Expungement removes certain convictions from your record. While it doesn’t automatically restore your firearm rights, it helps clear your record, making a future application to restore gun rights Tennessee more viable.
7. What is a Certificate of Restoration and how do I get one?
A Certificate of Restoration under T.C.A. § 40-29 affirms that all sentencing terms, including fines and probation, have been satisfied. It’s a formal step in restoring civil rights and allows for firearm rights restoration if no restrictions are included in the order.
8. Is there a waiting period before applying for rights restoration?
Yes. Tennessee generally requires a waiting period after completing your sentence before you can file an application to restore gun rights Tennessee. The period varies depending on the felony and your compliance with sentencing.
9. Can I restore gun rights if I have multiple felony convictions?
Generally, rights restoration is limited to individuals with a single, non-violent felony conviction. Multiple convictions can significantly reduce eligibility for gun rights recovery, but legal consultation is essential.10. Should I hire an attorney to help with my application to restore gun rights in Tennessee?
Absolutely. Navigating civil rights restoration laws, preparing your application to restore gun rights Tennessee, and satisfying legal criteria is complex. An attorney ensures your petition is complete, accurate, and persuasive, improving your chances for successful rights restoration.