Tennessee Gun Rights Restoration Lawyer
Understanding Your Rights After a Felony in Tennessee
A felony conviction in Tennessee results in the loss of more than just your freedom. The Tennessee Constitution states that persons convicted of an “infamous crime” shall not be permitted to register to vote. Since 1981, the definition of “infamous crime” has included any felony in Tennessee. This strips you of fundamental civil rights, and these lost rights after a felony include:
- The right to vote
- The right to hold public office
- The right to serve on a jury
- The right to possess firearms
Understanding which rights after a felony you have lost is the first step toward regaining them. The process for restoring civil rights varies for each right, and a convicted felon must meet specific legal criteria to regain these citizenship rights.
Loss of the Right to Hold Public Office
A felony conviction in Tennessee also disqualifies you from holding any public office in the state. Like voting rights, this right is not automatically restored upon completion of your sentence. The restoration of civil rights for the purpose of holding public office requires a specific legal action, such as a judicial Certificate of Restoration, to have your rights restored.
The “Voting Rights” vs. “Gun Rights” Confusion: Restoring Voting Rights
Until recently, Tennessee law created a significant legal “catch-22.” Election officials, citing a 2023 court ruling, required many individuals to restore their firearm rights before they could restore voting rights. As of 2025, Tennessee has some of the strictest standards and processes for regaining civil rights after conviction, including voting rights.
This has changed. In 2025, new legislation (HB0445/SB0194) was passed by the legislature and signed by Governor Bill Lee to definitively separate these two issues. Voting rights advocates celebrated this change for voting rights restoration. However, the process for restoring your gun rights remains a separate and complex legal challenge.
Restoration of voting rights now follows its own path, but it still requires that an individual completes the civil rights restoration process as prescribed by Tennessee law. This often involves obtaining a Certificate of Restoration (COR) from a court. To apply for a COR for voting rights, individuals must have been discharged from their sentence, paid restitution, and satisfied court costs unless indigent. Furthermore, individuals must pay all court costs and be current on child support obligations to qualify. Your petition must be filed with election officials to complete the voting rights restoration process.
It is critical to know that certain types of felony convictions are permanently ineligible for voting rights restoration in Tennessee. Persons convicted of certain serious crimes, such as murder, rape, treason, or voter fraud, are permanently ineligible to regain the right to vote, even with a pardon.
How to Get Your Gun Rights Restored: 3 Legal Pathways in Tennessee
Regaining your gun rights in Tennessee is not a “one-size-fits-all” process. Restoration of gun rights after a felony conviction in Tennessee can be achieved through a pardon, expungement, or a Certificate of Restoration. The right legal strategy for this rights restoration depends entirely on your criminal record.
An experienced restoration lawyer can determine which of these pathways applies to you. Each method for restoring gun rights requires completion of the sentence and probation, maintaining a clean record, and demonstrating rehabilitation. Tennessee law also requires a waiting period before a person can apply for gun rights restoration, which varies based on the nature of the felony.
For many, expungement is the most complete way to have your rights restored. An expungement (or “expunction”) legally destroys the public record of your conviction. In the eyes of the law, it’s as if it never happened.
- Who is Eligible? Eligibility for expungement is not available for all felony convictions in Tennessee. It is generally available for certain offenses. Only certain non-violent Class C, D, and E felonies are eligible for expungement in Tennessee. A waiting period (often five years) after the completion of your sentence, including probation, is typically required. All legal requirements must be met, including payment of all court costs and any potential maximum fine. A Class C felony may be eligible, but only if it’s on the specific list of non-violent offenses approved by the legislature.
- Effect on Gun Rights: A successful expungement restores all your civil rights, including your firearm rights. Expungement can be the simplest path to regaining gun rights if eligible for a specific offense.
A governor’s pardon from the Governor of Tennessee is an official act of forgiveness.
- Who is Eligible? A pardon is rare. The governor has full authority to grant pardons and gun rights restoration, influenced by various factors including evidence of rehabilitation. A pardon application to the Tennessee Board of Parole is a rigorous process typically reserved for individuals with a long history of rehabilitation and good citizenship. This requires submitting an application with character references and other necessary documentation to the Tennessee Board of Parole.
- Effect on Gun Rights: A pardon does not automatically restore gun rights. However, a pardon in Tennessee can restore gun rights if it is explicitly granted by Governor Bill Lee. A full pardon that restores all civil rights, including gun rights, can lift federal restrictions on gun ownership. A pardon can also make you eligible to then petition the court for an expungement or a Certificate of Restoration.
If your conviction is not eligible for expungement (for example, a Class C felony or certain D felonies), you may be able to petition the circuit court for restoration of their rights of citizenship, often called a “Certificate of Restoration” (COR).
- Who is Eligible? Individuals may petition the circuit court for restoration of their rights of citizenship, which includes the right to vote, after being pardoned or discharged from their sentence. This process is often how eligible individuals can seek a Certificate of Restoration (COR). To apply for a Certificate of Restoration, individuals must have been discharged from their sentence, paid restitution, and satisfied court costs unless indigent. This path is often necessary for non violent felonies that are not eligible for expungement.
- Effect on Gun Rights: This restoration order can restore your citizenship rights. This is a form of civil rights restoration, and the petition must be filed correctly so that a judge can determine if restoring your specific rights is appropriate. The restoration of civil rights does not automatically include the right to possess firearms, under Tennessee law. A general restoration of citizenship rights does not automatically restore firearm possession rights in Tennessee, as clarified by the 2002 Tennessee Supreme Court case, State v. Johnson. This applies to both state and federal convictions.
What is Restoring Civil Rights in Tennessee?
Restoring civil rights is the legal process of regaining the rights you lost due to your felony conviction. This is not one single action, but a series of potential legal actions. For example, restoring voting rights now follows a different process than restoring gun rights.
Some civil rights, like voting rights or holding public office, may be restored through a Certificate of Restoration. The new 2023 bill allows individuals to seek the restoration of one or more specific citizenship rights, streamlining the process. The goal of restoration of civil rights is to make you a whole responsible citizenship again in the eyes of the law.
What Felonies Disqualify You From Owning a Gun in Tennessee?
This is a critical question. Under Tennessee law (T.C.A. § 39-17-1307(b)), you are disqualified from possessing firearms if you have been convicted of a felony that is:
- A violent felony (e.g., homicide, aggravated assault, robbery, etc.)
- A felony involving the use of a deadly weapon
- A felony drug offense
Certain felonies, such as violent felonies or those involving a deadly weapon, permanently disqualify individuals from possessing firearms in Tennessee unless a pardon is obtained. This prohibition also applies to handgun possession. Individuals convicted of these certain offenses may be permanently ineligible to possess firearms.
What About Federal Gun Rights? Can the ATF Restore Gun Rights?
This is a major point of confusion. Even if your civil rights restored at the state level, you may still be prohibited under federal law. A federal Gun Control Act (18 U.S.C. § 922(g)(1)) permanently bans gun ownership for most felonies, including many non violent felonies. The federal court system enforces this, not the state.
- This federal ban also applies to certain misdemeanor crime convictions, specifically misdemeanor domestic violence. Federal law may prevent firearm possession for certain domestic violence convictions regardless of state action.
- Those with federal felony convictions must seek a different process for gun rights restoration, as it is usually not obtainable through Tennessee state courts. A federal conviction is not erased by a state court order, and the federal court will still see the prior conviction.
- A partial restoration, such as restoring only voting rights, is insufficient to lift federal gun ownership bans.
While a process for federal gun rights restoration technically exists, Congress has not funded the ATF to review these applications for over 30 years. This means that, for all practical purposes, the ATF does not and cannot assist in restoring gun rights. The most effective route is often a full expungement of your state law conviction or a governor’s pardon.
Why You Need a Cookeville Lawyer for This Process
Consulting an attorney is highly recommended due to the complexity of the restoration process and to determine eligibility. This is not a simple DIY process. Tennessee law is complex, the necessary documentation is precise, and a small mistake can get your petition dismissed. Tennessee’s restoration process can be costly and burdensome, raising hurdles for individuals seeking to restore their civil rights.
- Complex Legal Filings: Individuals can petition for restoration of gun rights in Tennessee, but the process requires a petition filed in circuit court where you must prove your eligibility and rehabilitation. Tennessee law requires individuals to demonstrate character and eligibility for restoration through certified records and sworn statements.
- Court Hearings: You may have to appear before a judge. The court must notify relevant authorities (like the District Attorney General) at least 30 days prior to a hearing. The DA has the right to object, and the petitioner seeking rights restoration must establish their eligibility by a preponderance of the evidence. However, if no opposition exists from prosecutors, a judge may approve restoration requests without a hearing.
- Local Expertise Matters: The Crabtree Law Firm is an experienced team of experienced attorneys who practice in the Putnam County and Upper Cumberland court systems every day. We know the local procedures, the judges, and the state’s office of the prosecutors. We develop personalized legal strategies for each client. Restoring gun rights in Tennessee involves demonstrating continuous good character and fulfilling all obligations since the conviction. We will review your prior conviction and guide you through all legal requirements.
We handle the legal burden so you can focus on your future. We will analyze your record, determine your eligibility, and build the strongest possible case.
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Frequently Asked Questions About Restoring Your Rights in Tennessee
The cost varies widely based on the legal pathway. It includes mandatory court filing fees (which can be several hundred dollars) and all outstanding court costs from your original case, plus attorney fees. If you owe outstanding court costs, they must be paid in full before you can proceed. The total cost depends on the complexity of your case—a simple, eligible expungement will cost less than a contested judicial restoration.
Yes. A full expungement under T.C.A. § 40-32-101 is the most complete legal remedy. When your civil rights restored this way, the conviction is legally treated as if it never happened, fully restoring your gun rights.
No. Tennessee law and federal law prohibit a convicted felon from possessing firearms. This includes temporary possession, such as holding or using a gun at a shooting range. This would be considered constructive possession and could result in new criminal charges.
Many serious offenses are not eligible for expungement, including most violent felonies (like homicide, robbery, aggravated assault, and sex offenses), Class A and B felonies, and some Class C and D felonies. Furthermore, certain misdemeanor crime convictions, like domestic violence or voter fraud, have separate rules that can affect your rights and are often permanently ineligible for expungement.
A governor’s pardon is very difficult to obtain. It is not a standard legal proceeding but an act of forgiveness based on various factors. You must submit a detailed application to the Tennessee Board of Parole, demonstrating exceptional good citizenship and rehabilitation for a long period after your sentence, including probation and payment of all court costs and child support obligations.