Tennessee § 39-17-1307 - Unlawful carrying or possession of a weapon.

§ 39-17-1307. Unlawful carrying or possession of a weapon.

A person commits an offense who carries, with the intent to go armed, a firearm or a club. The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500). A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor. A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present. A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and: Has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon; or Has been convicted of a felony drug offense. An offense under subdivision (b)(1)(A) is a Class B felony. An offense under subdivision (b)(1)(B) is a Class C felony. A person commits an offense who possesses a handgun and has been convicted of a felony unless: The person has been pardoned for the offense; The felony conviction has been expunged; or The person's civil rights have been restored pursuant to title 40, chapter 29, and the restoration order does not specifically prohibit the person from possessing firearms. An offense under subdivision (c)(1) is a Class E felony. A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324. A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324. Except as provided in subdivision (d)(3)(B), a violation of this subsection (d) is a Class E felony. A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife. It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person: Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and Is in lawful possession of the motor vehicle or boat. As used in this subsection (e): “Boat” means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water; and “Motor vehicle” has the same meaning as defined in § 55-1-103. This subsection (e) shall not apply to a motor vehicle or boat that is: Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and Provided by such entity to an employee for use during the course of employment. A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and: Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction; Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or Is prohibited from possessing a firearm under any other state or federal law. If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives. For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act (26 U.S.C. § 5801 et seq.), if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access. A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense. If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h), the respondent may be charged and convicted under any or all such sections. Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 6; 2007, ch. 412, § 1; 2007, ch. 594, § 3; 2008, ch. 1166, § 1; 2008, ch. 1176, § 1; 2009, ch. 431, § 1; 2009, ch. 455, § 6; 2010, ch. 793, § 1; 2012, ch. 726, § 1; 2014, ch. 647, §§ 4, 5; 2014, ch. 870, § 1; 2017, ch. 202, § 1; 2017, ch. 475, § 1; 2018, ch. 903, §§ 2, 4. Sentencing Commission Comments. This section prohibits a person from carrying a weapon with the intent to go armed. It also prohibits mere possession of a handgun by certain convicted felons and mere possession of a deadly weapon by one who intends to use it to commit an offense. Defenses to this section are found in § 39-17-1308 . Punishment for these offenses is based on the seriousness of the offense and the potential for harm to others. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2017, ch. 475, § 2 provided that the act, which amended this section, shall apply to any person committing an applicable offense on or after July 1, 2017. Amendments. The 2018 amendment, rewrote (b)(1)(A) which read: “Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or”; redesignated former (c) as the present introductory language of (c) by adding “unless:”; and added (c)(1)(A) through (c)(1)(C). Effective Dates. Acts 2018, ch. 903, § 7. July 1, 2018. Cross-References. Aggravated assault, § 39-13-102 . Certain security guards prohibited from carrying firearms, § 62-35-134 . Penalties for Class A, B and C misdemeanors, § 40-35-111 . Penalties for Class C, Class D and Class E felonies, § 40-35-111 . Right to bear arms may be regulated by general assembly to prevent crime, Tenn. Const., art. I, § 26. Robbery with deadly weapon, § 39-13-402 . Violations indictable without prosecutor, § 40-13-104 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 11.2, 16.118, 16.120, 28.114, 32.174. Tennessee Jurisprudence, 6 Tenn. Juris., Citizenship, § 2; 8 Tenn. Juris., Criminal Procedure, § 49 ; 25 Tenn. Juris., Weapons, §§ 3, 5-7. Law Reviews. Book Review, Criminal Offenses and Defenses in Tennessee, 55 Tenn. L. Rev. 563 (1988). Criminal Procedure—Tennessee v. Carter: The Strict Requirement of Notice Under Tennessee's Recidivist Sentencing Statutes (David Demar Ayliffe) 35 U. Mem. L. Rev. 145 (2004). Stick to Your Guns: Restoration of Tennessee's “Firearm Rights” (David L. Raybin), 39 No. 3 Tenn. B.J. 17 (2003). Weapons in the Workplace: The Effect of Tennessee's Concealed Weapons Statute on Employer Liability, 28 U. Mem. L. Rev. 281 (1997). Attorney General Opinions. Constitutionality § 26, OAG 96-080 (4/25/96). Statutory nature of self-defense, OAG 96-079 (4/24/96). Enforcement of statutory requirements for constables, OAG 99-025 (2/16/99). Bounty hunters may carry firearms in Tennessee, but only to the same extent as may private citizens, OAG 03-018 (2/19/03). A permit fee that defrays expenses incident to regulating the exercise of a constitutional right does not per se infringe that right. Fines for unlawful weapon possession do not burden the constitutional right to keep and bear arms but instead penalize violations of a legitimate regulatory measure. OAG 12-90, 2012 Tenn. AG LEXIS 97 (9/24/12). Searches and arrests on school property. OAG 14-21, 2014 Tenn. AG LEXIS 22 (2/24/14). Licenses to hunt and possession of firearms and effect of conviction of certain felonies and other offenses. OAG 15-33, 2015 Tenn. AG LEXIS 33 (4/10/15). Once a person has obtained a complete restoration of firearms and other citizenship rights, that individual may lawfully possess or purchase any firearm that may be lawfully possessed or purchased by any other private citizen. Tennessee law is sufficiently clear to provide convicted felons with fair warning regarding applicable prohibitions on the possession of antique or black powder firearms. OAG 15-75, 2015 Tenn. AG LEXIS 76 (11/9/2015). Public Chapter 279, which became effective May 2, 2019, exempted “antique firearm[s]” from the definition of “firearm” in T.C.A. § 39-11-106(a)(11) . As a result of the passage of Public Chapter 279, the prohibitions in T.C.A. § 39-11-1307 on the possession of firearms and handguns by individuals convicted of felonies and certain misdemeanors no longer apply to antique firearms. OAG 19-19, 2019 Tenn. AG LEXIS 56 (10/9/2019).