Tennessee Code Annotated

Tenn. Code Ann. § 39-17-1307 (2026)

Unlawful carrying or possession of a weapon

✓ current as of May 2026

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(a)
- (1) A person commits an offense who carries, with the intent to go armed, a firearm or a club.
- (2)
  - (A) 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).
  - (B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.
  - (C) 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.

(b)
- (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and:
  - (A) 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
  - (B) Has been convicted of a felony drug offense.
- (2) An offense under subdivision (b)(1)(A) is a Class B felony.
- (3) An offense under subdivision (b)(1)(B) is a Class C felony.

(c)
- (1) A person commits an offense who possesses a handgun and has been convicted of a felony unless:
  - (A) The person has been pardoned for the offense;
  - (B) The felony conviction has been expunged; or
  - (C) 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.
- (2) An offense under subdivision (c)(1) is a Class E felony.

(d)
- (1) 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.
- (2) 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.
- (3)
  - (A) Except as provided in subdivision (d)(3)(B), a violation of this subsection (d) is a Class E felony.
  - (B) 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.

(e)
- (1) 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:
  - (A) 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
  - (B) Is in lawful possession of the motor vehicle or boat.
- (2)
  - (A) As used in this subsection (e):
    - (i) "Boat" means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water; and
    - (ii) "Motor vehicle" has the same meaning as defined in § 55-1-103.
  - (B) This subsection (e) shall not apply to a motor vehicle or boat that is:
    - (i) 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
    - (ii) Provided by such entity to an employee for use during the course of employment.

(f)
- (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and:
  - (A) 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;
  - (B) 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
  - (C) Is prohibited from possessing a firearm under any other state or federal law.
- (2) 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.
- (3) 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.
- (4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.
- (5) 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.

(g) It is an exception to the application of subsection (a) that a person is carrying, whether openly or concealed, a handgun and:
- (1)
  - (A) The person is at least twenty-one (21) years of age; or
  - (B) The person is at least eighteen (18) years of age and:
    - (i) Is an honorably discharged or retired veteran of the United States armed forces;
    - (ii) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or
    - (iii) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program;
- (2) The person lawfully possesses the handgun; and
- (3) The person is in a place where the person is lawfully present.

(h)
- (1) A person commits an offense who carries, with the intent to go armed, a firearm and:
  - (A) Has been convicted of stalking as prohibited by § 39-17-315;
  - (B) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within the prior ten (10) years or one (1) time within the prior five (5) years;
  - (C) Has been adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution pursuant to title 33, or had a court appoint a conservator for the person by reason of a mental defect; or
  - (D) Is otherwise prohibited from possessing a firearm by 18 U.S.C. 922(g) as it existed on January 1, 2021.
- (2) An offense under subdivision (h)(1) is a Class B misdemeanor.

(i)
- (1) A person commits an offense who carries or possesses a firearm and has been adjudicated as a mental defective or judicially committed to a mental institution.
- (2) An offense under subdivision (i)(1) is a Class A misdemeanor.

(j)
- (1) A person under twenty-five (25) years of age who possesses a firearm commits an offense if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses:
  - (A) Aggravated assault, as defined in § 39-13-102;
  - (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116;
  - (C) A violation of chapter 13, part 2, of this title;
  - (D) A violation of chapter 13, part 4, of this title;
  - (E) A violation of chapter 13, part 10, of this title;
  - (F) Aggravated cruelty to animals, as defined in § 39-14-212;
  - (G) A threat of mass violence, as defined in § 39-16-517; or
  - (H) A violation of this title involving the use or display of a firearm.
- (2) An offense under subdivision (j)(1) is a Class A misdemeanor.
- (3) This subsection (j) does not apply if a court has reinstated the person's right to possess a firearm pursuant to § 37-1-190(e).

Amended by 2024 Tenn. Acts, ch. 973,s 3, eff. 7/1/2024.

Amended by 2024 Tenn. Acts, ch. 784,s 19, eff. 7/1/2024.

Amended by 2021 Tenn. Acts, ch. 108, Secs.s 1, s 13 eff. 7/1/2021.

Amended by 2018 Tenn. Acts, ch. 903, s 4, eff. 7/1/2018.

Amended by 2018 Tenn. Acts, ch. 903, s 2, eff. 7/1/2018.

Amended by 2017 Tenn. Acts, ch. 475, s 1, eff. 7/1/2017.

Amended by 2017 Tenn. Acts, ch. 202, s 1, eff. 7/1/2017.

Amended by 2014 Tenn. Acts, ch. 870, s 1, eff. 7/1/2014.

Amended by 2014 Tenn. Acts, ch. 647, s 5, eff. 7/1/2014.

Amended by 2014 Tenn. Acts, ch. 647, s 4, eff. 7/1/2014.

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.

Notes of Decisions

Cited in 256 cases (94 in the last 5 years), 1992–2026 · leading case: State v. Johnson, 79 S.W.3d 522 (Tenn. 2002).

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State v. Johnson, 79 S.W.3d 522 (Tenn. 2002). · cites it 23× “, following a conviction of aggravated assault with a deadly weapon, can he be convicted of a violation of Tenn. Code Ann. § 39-17-1307 (b)(l)(A), or is he allowed to possess a handgun?” See Tenn.”

State of Tennessee v. Christopher Minor, 546 S.W.3d 59 (Tenn. 2018). · cites it 4× “8 Tenn. Code Ann. § 39-17-1307 (c)(1) (2014).”

State v. Black, 924 S.W.2d 912 (Tenn. Crim. App. 1995). · cites it 8× “” T.C.A. § 39-17-1307 (1991). The appellant asserts that the evidence is insufficient to support his conviction for evading arrest.”

State v. Reid, 213 S.W.3d 792 (Tenn. 2006). · cites it 4× “§ 39-17-1308 (2003). In our view, the ownership of these weapons, standing alone, does not constitute a crime.”

Rigger v. State, 341 S.W.3d 299 (Tenn. Crim. App. 2010). · cites it 8× “” The petitioner claims that the warrant fatally failed to allege that he carried the weapon with the intent to go armed, citing Tennessee Code Annotated section 39-17-1307. That code section proscribes as an offense a person’s carrying “with the intent to go armed a firearm.”

State v. Turner, 297 S.W.3d 155 (Tenn. 2009). · cites it 4× “" The conditions of Defendant's parole in both Kentucky and Tennessee also prohibited possession of a weapon, see also Tenn. Code Ann. § 39-17-1307 (b)(1)(B) (2006), and required Defendant to obey federal, state, and local laws.”

State v. Bledsoe, 226 S.W.3d 349 (Tenn. 2007). · cites it 2× “Tenn.Code Ann. § 39-17-1307(b)(l)(A) (1997).”

State v. Richardson, 875 S.W.2d 671 (Tenn. Crim. App. 1993). · cites it 4× “” Here, the defendant does not dispute the fact that the convictions for aggravated assault and attempt to commit first degree murder are separate and distinct offenses.”

Bryan Range v. Attorney Gen. United States, 69 F.4th 96 (3rd Cir. 2023). “, Tenn. Code Ann. § 39-17-1307 (c)(1)(C). 36 in these statutes promote “the benefits of federalism: experi- mentation, localism, and to some extent, decentralization”130— so much so that the Supreme Court itself has acknowledged the significance of Congress’s decision “to defer…”

State of Tennessee v. Guy Alvin Williamson, 368 S.W.3d 468 (Tenn. 2012). · cites it 2× “See generally Tenn.Code Ann. § 39-17-1307 (2006) (prohibiting a person from *481 "carr[ying a firearm] with the intent to go armed" and prohibiting persons convicted of certain offenses from possessing firearms).”

Dixon v. State, 934 S.W.2d 69 (Tenn. Crim. App. 1996). · cites it 4× “Tenn.Code Ann. § 39-17-1307(c)(1). Therefore, because merger was not appropriate in this case, the Petitioner’s counsel was not ineffective in failing to get the two convictions merged.”

State of Tennessee v. Anthony R. Smith, Jr., 495 S.W.3d 271 (Tenn. Crim. App. 2016). · cites it 8× “Defendant argued that because Tennessee Code Annotated section 39-17-1307 did not provide a definition of “felony drug offense” and because there was no case law directly on point, that the court should look to the persuasive authority of the sentencing statutes, such as…”

Show all 256 citing cases →

— Tenn. Code Ann. § 39-17-1307(2) — 1 case

State of Tennessee v. Lacy Frank Walls, III (Tenn. Crim. App. 2026).

— Tenn. Code Ann. § 39-17-1307(B)(1) — 1 case

State of Tennessee v. Brandon Lee May (Tenn. Crim. App. 2025).

— Tenn. Code Ann. § 39-17-1307(a) — 2 cases

State of Tennessee v. Antoine Perrier (Tenn. Crim. App. 2016).

State of Tennessee v. Arthur Davis Hicks, Jr. (Tenn. Crim. App. 2025).

— Tenn. Code Ann. § 39-17-1307(a)(1) — 8 cases

United States v. Street, 614 F.3d 228 (6th Cir. 2010).

State of Tennessee v. Corey Danielle Wellman (Tenn. Crim. App. 2009).

State of Tennessee v. Arthur Jay Hirsch (Tenn. Crim. App. 2017).

State of Tennessee v. Eddie Smith (Tenn. Crim. App. 2020).

David Von Brown v. State of Tennessee (Tenn. Crim. App. 2020).

— Tenn. Code Ann. § 39-17-1307(a)(2) — 2 cases

State v. Williams, 854 S.W.2d 904 (Tenn. Crim. App. 1993).

State v. Clifford Cox (Tenn. Crim. App. 1998).

— Tenn. Code Ann. § 39-17-1307(a)(2)(A) — 1 case

Rigger v. State, 341 S.W.3d 299 (Tenn. Crim. App. 2010). “” The petitioner claims that the warrant fatally failed to allege that he carried the weapon with the intent to go armed, citing Tennessee Code Annotated section 39-17-1307. That code section proscribes as an offense a person’s carrying “with the intent to go armed a firearm.”

— Tenn. Code Ann. § 39-17-1307(a)(l) — 1 case

— Tenn. Code Ann. § 39-17-1307(b) — 11 cases

State v. Johnson, 79 S.W.3d 522 (Tenn. 2002). “, following a conviction of aggravated assault with a deadly weapon, can he be convicted of a violation of Tenn. Code Ann. § 39-17-1307 (b)(l)(A), or is he allowed to possess a handgun?” See Tenn.”

Cole v. Campbell, 968 S.W.2d 274 (Tenn. 1998).

State v. Ferguson, 106 S.W.3d 665 (Tenn. Ct. App. 2003).

State Of Tennessee v. Vincent Edward Crowson, Jr. (Tenn. Crim. App. 2022).

State of Tennessee v. Charles Hubert Russell (Tenn. Crim. App. 2026).

— Tenn. Code Ann. § 39-17-1307(b)(1) — 24 cases

State v. Black, 924 S.W.2d 912 (Tenn. Crim. App. 1995). “” T.C.A. § 39-17-1307 (1991). The appellant asserts that the evidence is insufficient to support his conviction for evading arrest.”

State of Tennessee v. Jason Kevin Dedreux (Tenn. Ct. App. 2022).

David Scott Blackwell v. Bill Haslam, Governor of the State of Tennessee, Robert e. Cooper, Jr., Tennessee Attorney Gen., Victor S. (Torry) Johnson, III, Dist. Attorney Gen., Kim Helper, Dist. Attorney Gen., & The State of Tennessee (Tenn. Ct. App. 2013).

State of Tennessee v. Delarris Jones a/k/a Cedrick Jones (Tenn. Crim. App. 2016).

— Tenn. Code Ann. § 39-17-1307(b)(1)(A) — 55 cases

State of Tennessee v. Brandon Dewayne Theus (Tenn. Crim. App. 2017).

State of Tennessee v. Erskine Any Hunt, Jr. (Tenn. Crim. App. 2019).

State of Tennessee v. Benjamin Foust (Tenn. Crim. App. 2019).

State of Tennessee v. Zachary Frank Farris (Tenn. Crim. App. 2022).

— Tenn. Code Ann. § 39-17-1307(b)(1)(B) — 24 cases

State v. Ferguson, 106 S.W.3d 665 (Tenn. Ct. App. 2003).

David Scott Blackwell v. Bill Haslam, Governor of the State of Tennessee (Tenn. Ct. App. 2012).

State of Tennessee v. Charles Hubert Russell (Tenn. Crim. App. 2026).

State of Tennessee v. James Clark McKenzie (Tenn. Crim. App. 2022).

State of Tennessee v. Corey Young (Tenn. Crim. App. 2022).

— Tenn. Code Ann. § 39-17-1307(b)(1)(a) — 2 cases

State of Tennessee v. Lorenzo Romell Brown (Tenn. Crim. App. 2025).

Bruce Elliot v. State of Tennessee (Tenn. Crim. App. 2013).

— Tenn. Code Ann. § 39-17-1307(b)(2) — 7 cases

State v. Black, 924 S.W.2d 912 (Tenn. Crim. App. 1995). “” T.C.A. § 39-17-1307 (1991). The appellant asserts that the evidence is insufficient to support his conviction for evading arrest.”

State of Tennessee v. Kenyon Demario Reynolds, Alias (Tenn. Crim. App. 2022).

State of Tennessee v. Corey Young (Tenn. Crim. App. 2022).

Tondreon Bowles a/k/a Tondreon Merriweather v. State of Tennessee (Tenn. Crim. App. 2022).

— Tenn. Code Ann. § 39-17-1307(b)(3) — 1 case

State of Tennessee v. Charles Hubert Russell (Tenn. Crim. App. 2026).

— Tenn. Code Ann. § 39-17-1307(b)(l)(A) — 6 cases

State v. Bledsoe, 226 S.W.3d 349 (Tenn. 2007). “Tenn.Code Ann. § 39-17-1307(b)(l)(A) (1997).”

State v. Black, 924 S.W.2d 912 (Tenn. Crim. App. 1995). “” T.C.A. § 39-17-1307 (1991). The appellant asserts that the evidence is insufficient to support his conviction for evading arrest.”

United States v. Edward Young, 766 F.3d 621 (6th Cir. 2014).

Harris v. United States, 793 F. Supp. 754 (M.D. Tenn. 1992).

— Tenn. Code Ann. § 39-17-1307(b)(l)(B) — 1 case

State of Tennessee v. Anthony R. Smith, Jr., 495 S.W.3d 271 (Tenn. Crim. App. 2016). “Defendant argued that because Tennessee Code Annotated section 39-17-1307 did not provide a definition of “felony drug offense” and because there was no case law directly on point, that the court should look to the persuasive authority of the sentencing statutes, such as…”

— Tenn. Code Ann. § 39-17-1307(b)(l)(a) — 1 case

State of Tennessee v. Bruce Elliot, 366 S.W.3d 139 (Tenn. Crim. App. 2010).

— Tenn. Code Ann. § 39-17-1307(c) — 4 cases

State v. Denton, 938 S.W.2d 373 (Tenn. 1996).

State of Tennessee v. Antonio Thomas (Tenn. Crim. App. 2019).

State of Tennessee v. Antoine Perrier (Tenn. Crim. App. 2016).

State of Tennessee v. Brandon Dewayne Theus (Tenn. Crim. App. 2017).

— Tenn. Code Ann. § 39-17-1307(c)(1) — 14 cases

Dixon v. State, 934 S.W.2d 69 (Tenn. Crim. App. 1996). “Tenn.Code Ann. § 39-17-1307(c)(1). Therefore, because merger was not appropriate in this case, the Petitioner’s counsel was not ineffective in failing to get the two convictions merged.”

State of Tennessee v. Lajuan Harbison (Tenn. Crim. App. 2016).

State of Tennessee v. Toran Harper (Tenn. Crim. App. 2019).

State of Tennessee v. Antony Olivo (Tenn. Crim. App. 2020).

State of Tennessee v. Dylan Ray Thompson (Tenn. Crim. App. 2025).

— Tenn. Code Ann. § 39-17-1307(c)(1)(2012) — 1 case

State of Tennessee v. Dejuan Koshief Roberts (Tenn. Crim. App. 2014).

— Tenn. Code Ann. § 39-17-1307(c)(2) — 2 cases

State of Tennessee v. Roderick Sammual Chadwick (Tenn. Crim. App. 2010).

State of Tennessee v. Erique Richardson (Tenn. Crim. App. 2014).

— Tenn. Code Ann. § 39-17-1307(c)(l) — 2 cases

State v. Richardson, 875 S.W.2d 671 (Tenn. Crim. App. 1993). “” Here, the defendant does not dispute the fact that the convictions for aggravated assault and attempt to commit first degree murder are separate and distinct offenses.”

— Tenn. Code Ann. § 39-17-1307(d)(2) — 4 cases

State of Tennessee v. Demetrius M. Clark (Tenn. Crim. App. 2012).

State of Tennessee v. Demetria Nance (Tenn. Crim. App. 2011).

State of Tennessee v. Danny Wilkerson (Tenn. Crim. App. 2015).

United States v. Brooks, 468 F. App'x 623 (7th Cir. 2012).

— Tenn. Code Ann. § 39-17-1307(f) — 1 case

State of Tennessee v. Ethan Allen Compton (Tenn. Crim. App. 2026).

— Tenn. Code Ann. § 39-17-1307(f)(1)(A) — 3 cases

State of Tennessee v. Ethan Allen Compton (Tenn. Crim. App. 2026).

State of Tennessee v. Brandon Deshun McAlister (Tenn. Crim. App. 2021).

State of Iowa v. Eric Martin Schadl (Iowa 2026).

— Tenn. Code Ann. § 39-17-1307(h)(1)(A) — 1 case

State of Tennessee v. Bruce Antoine Cole (Tenn. Crim. App. 2022).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.