Tennessee Code Annotated
Tenn. Code Ann. § 39-17-1302 (2026)
Prohibited weapons
✓ current as of May 2026
- (a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:
- (1) An explosive or an explosive weapon;
- (2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;
- (3) A machine gun;
- (4) [Deleted by 2022 amendment.]
- (5) Hoax device;
- (6) Knuckles; or
- (7) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.
- (b) It is a defense to prosecution under this section that the person's conduct:
- (1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;
- (2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1);
- (3) Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;
- (4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;
- (5) Was incident to displaying the weapon in a public museum or exhibition; or
- (6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1).
- (c) It is an affirmative defense to prosecution under this section that the person must prove by a preponderance of the evidence that:
- (1) The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(4), that it was in a nonfunctioning condition and could not readily be made operable; or
- (2) The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.
- (d) It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance with the requirements of the National Firearms Act (26 U.S.C. §§ 5841-5862 ).
- (e) Subsection (a) shall not apply to the possession, manufacture, transportation, repair, or sale of an explosive if:
- (1) The person in question is eighteen (18) years of age or older; and
- (2) The possession, manufacture, transport, repair, or sale was incident to creating or using an exploding target for lawful sporting activity, as solely intended by the commercial manufacturer.
- (f)
- (1) An offense under subdivision (a)(1) is a Class B felony.
- (2) An offense under subdivisions (a)(2)-(4) is a Class E felony.
- (3) An offense under subdivision (a)(5) is a Class C felony.
- (4) An offense under subdivisions (a)(6)-(7) is a Class A misdemeanor.
Amended by 2022 Tenn. Acts, ch. 1038, s 1, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 339, Secs.s 4, s 5, s 6 eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 339, s 3, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 397, s 1, eff. 5/8/2015.
Amended by 2015 Tenn. Acts, ch. 85, Secs.s 1, s 2 eff. 4/9/2015.
Amended by 2014 Tenn. Acts, ch. 647, s 2, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 647, s 1, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, §§ 2, 11; 2001, ch. 375, §§ 3, 4; 2002, ch. 849, § 5; 2006, ch. 798, § 1.
Notes of Decisions
Cited in 21
cases (5 in the last 5 years), 1993–2025 · leading case: Jay Isaac Hollis v. Loretta Lynch, 827 F.3d 436 (5th Cir. 2016).
Jay Isaac Hollis v. Loretta Lynch, 827 F.3d 436 (5th Cir. 2016). “Codified Laws §§ 22-1-2 (8), 22-14-6(2); Tenn. Code § 39-17-1302; Tex. Penal Code § 46.”
State v. Loden, 920 S.W.2d 261 (Tenn. Crim. App. 1995). “The appellant was convicted of carrying a prohibited weapon, a class A misdemeanor under Tenn.Code Ann. § 39-17-1302 (1991). 6 Under the Sentencing Act, the authorized term of imprisonment for a class A misdemeanor is “not greater than eleven (11) months twenty-nine (29) days.”
United States v. Eddie Lipscomb, 619 F.3d 474 (5th Cir. 2010). “020; Tenn.Code Ann. § 39-17-1302; Tex Pen.Code § 46.”
State v. Williams, 854 S.W.2d 904 (Tenn. Crim. App. 1993). “In pertinent part, Tennessee Code Annotated Section 39-17-1306, entitled “Carrying weapons during judicial proceedings,” states: (a) No person shall intentionally, knowingly, or recklessly carry on or about the person while inside any room in which judicial proceedings are in…”
State of Tennessee v. Anthony Eugene Barnett (Tenn. Crim. App. 2019). “First, those statutes have been repealed, and the provision regarding the possession of inoperable weapons is now found in Code section 39-17-1302: (c) It is an affirmative defense to prosecution under this section that the person must prove by a preponderance of the evidence…”
State of Tennessee v. William Isaac Atwood (Tenn. Crim. App. 2022). “” Tenn. Code Ann. § 39-17-1302 (a)(4) and (f)(1).”
State of Tennessee v. James Anthony Hill (Tenn. Crim. App. 2004). “Tenn. Code Ann. § 39-17-1302 (a)(8). During the trial of this matter, the State and defense had agreed that possession of a prohibited weapon was a lesser-included offense of the indicted offense of possession of a weapon in a penal institution, with the State arguing, however,…”
State of Tennessee v. Robbie Gibson (Tenn. Crim. App. 2022). “capable of being ignited;” or “any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction.”
State of Tennessee v. Willie Locust (Tenn. Crim. App. 2023). “Tenn. Code Ann. § 39-17-1302 (a)(6). It is also unlawful to possess a firearm during the commission of a dangerous felony or after being convicted of a felony crime of violence.”
State v. Steve Jackson (Tenn. Crim. App. 2000). “” Tenn. Code Ann. § 39-17-1302 (a)(1). For the purposes of this statute, an explosive weapon is defined as “any explosive, incendiary, or poisonous gas: (A) Bomb; (B) Grenade; (C) Rocket; (D) Mine; or (E) Shell, missile, or projectile that is designed, made or adapted for the…”
State of Tennessee v. Duvale Vashawn Pruitt (Tenn. Crim. App. 2012). “Tennessee Code Annotated section 39-17-1302(a)(7), in turn, makes it illegal to intentionally or knowingly possess a “switchblade knife.”
State of Tennessee v. Tracey C. Clark - Concurring (Tenn. Crim. App. 2008). “Some examples include section 39-17-1302, which prohibits the intentional or knowing possession, manufacture, transportation, sale, or repair of, among other items, “an explosive or explosive weapon,” (a Class B felony), a “machine gun,” (a Class E felony), a “short-barrel rifle…”
— Tenn. Code Ann. § 39-17-1302(1) — 1 case
State v. Steve Jackson (Tenn. Crim. App. 2000). “” Tenn. Code Ann. § 39-17-1302 (a)(1). For the purposes of this statute, an explosive weapon is defined as “any explosive, incendiary, or poisonous gas: (A) Bomb; (B) Grenade; (C) Rocket; (D) Mine; or (E) Shell, missile, or projectile that is designed, made or adapted for the…”
— Tenn. Code Ann. § 39-17-1302(a) — 3 cases
State v. Williams, 854 S.W.2d 904 (Tenn. Crim. App. 1993). “In pertinent part, Tennessee Code Annotated Section 39-17-1306, entitled “Carrying weapons during judicial proceedings,” states: (a) No person shall intentionally, knowingly, or recklessly carry on or about the person while inside any room in which judicial proceedings are in…”
State of Tennessee v. William O. Ewerling (Tenn. Crim. App. 2005).
State of Tennessee v. John Edward Johnson, Jr. - Dissenting (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 39-17-1302(a)(1) — 1 case
State of Tennessee v. Robbie Gibson (Tenn. Crim. App. 2022). “capable of being ignited;” or “any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction.”
— Tenn. Code Ann. § 39-17-1302(a)(3) — 1 case
United States v. Jaquan Bridges (6th Cir. 2025).
— Tenn. Code Ann. § 39-17-1302(a)(4) — 2 cases
State of Tennessee v. William Isaac Atwood (Tenn. Crim. App. 2022). “” Tenn. Code Ann. § 39-17-1302 (a)(4) and (f)(1).”
State of Tennessee v. Rufus E. Neeley (Tenn. Crim. App. 2002).
— Tenn. Code Ann. § 39-17-1302(a)(7) — 2 cases
State of Tennessee v. Duvale Vashawn Pruitt (Tenn. Crim. App. 2012). “Tennessee Code Annotated section 39-17-1302(a)(7), in turn, makes it illegal to intentionally or knowingly possess a “switchblade knife.”
State of Tennessee v. Aleta Renee Souder (Tenn. Crim. App. 2005).
— Tenn. Code Ann. § 39-17-1302(a)(8) — 2 cases
State of Tennessee v. James Anthony Hill (Tenn. Crim. App. 2004). “Tenn. Code Ann. § 39-17-1302 (a)(8). During the trial of this matter, the State and defense had agreed that possession of a prohibited weapon was a lesser-included offense of the indicted offense of possession of a weapon in a penal institution, with the State arguing, however,…”
State of Tennessee v. Jeffrey Lee Fields (Tenn. Crim. App. 2007).
— Tenn. Code Ann. § 39-17-1302(c) — 1 case
State of Tennessee v. Anthony Eugene Barnett (Tenn. Crim. App. 2019). “First, those statutes have been repealed, and the provision regarding the possession of inoperable weapons is now found in Code section 39-17-1302: (c) It is an affirmative defense to prosecution under this section that the person must prove by a preponderance of the evidence…”
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