If you have a past felony conviction, this is one of the most pressing and consequential questions you can ask. The answer is straightforward, but the path forward is complex, involving a maze of Tennessee law and strict federal laws.

Let’s be direct: No, a person convicted of a felony cannot legally own, possess, or purchase a firearm in Tennessee. Under Tennessee law, felons are prohibited from owning, possessing, or carrying firearms regardless of the nature of the crime.

This prohibition is not a gray area. It applies whether the firearm in Tennessee is in your home, in your car, or at a gun range. Possessing firearms as a convicted felon is a new, serious crime under both state and federal laws, and a conviction can lead to significant prison time. The legal consequences are severe.

However, for many individuals, this is not the end of the story. The real question isn’t just “Can I own a gun?” but “How can I get my gun rights back?“

For many people in Tennessee, rights restoration is possible. The legal process is difficult, but pathways exist. This guide will explain what you need to know about your firearm rights, the impact of a felony conviction, and the steps you can take to restore gun rights.

Jackson Kelly Attorney

Your Guide to Defense and Rights Restoration from a Dedicated Advocate

This guide is provided by Jackson Kelly, a defense attorney at Crabtree & Patterson, P.C. A Belmont University College of Law graduate, Jackson brings hands-on courtroom experience from his work with the Public Defender’s Office, the District Attorney’s Office, and under the Circuit Judge of Tennessee’s 16th Judicial District. His practice focuses on DUI and criminal defense, orders of protection, custody matters, and the restoration of Constitutional rights, offering clients a well-rounded and practical perspective on navigating Tennessee’s legal system.

Learn more about Jackson Kelly →

The State and Federal Ban on Firearm Possession for Felons

The prohibition on firearm possession comes from two powerful levels: state law and federal law. You must overcome both to legally possess firearms.

  1. Tennessee State Law: T.C.A. § 39-17-1307 makes it a felony for anyone convicted of a felony involving violence or a felony drug offense to possess firearms. This state law is clear: a felony conviction for drug offenses or violent offenses results in a loss of gun rights.
  2. Federal Law: More importantly, the Federal Gun Control Act of 1968 (18 U.S.C. § 922(g)(1)) bans any person convicted of a crime punishable by more than one year in prison (the definition of a felony) from possessing firearms. This federal law applies to everyone in all 50 states, regardless of Tennessee’s state laws. A decision by a federal court will supersede state-level permissions. Violating this federal law can lead to penalties of up to 10 years in prison.

This federal and state laws “double ban” is why simply getting a partial restoration of some civil rights (like restoring voting rights) is not enough to make you a legal gun owner. A federal court will not recognize a state-level restoration that does not fully restore all civil rights and gun rights. You must satisfy both state and federal regulations to achieve full rights restoration.

Felony Conviction and Firearm Restrictions in Tennessee

A felony conviction carries severe, lasting legal consequences. In Tennessee, individuals convicted of a felony offense lose the right to possess firearms. This is one of the most significant firearm restrictions you face. It’s crucial to understand that Tennessee law does not automatically restore gun rights after the completion of a sentence. Convicted felons are generally prohibited from gun ownership, and this prohibition is permanent unless you take specific legal action.

The specific type of felony crime is a major factor in determining eligibility for having your gun rights restored. Tennessee law stipulates that felons may not possess handguns at all, regardless of the nature of the felony. This prohibition extends to all forms of firearm possession.

What is “Felon in Possession” of a Firearm in Tennessee?

“Felon in possession” is a serious criminal offense. It means any convicted felon who knowingly has a firearm in Tennessee can face new, severe criminal charges. The penalties are harsh and vary based on the original felony conviction:

  • Prior Violent Felony: If the prior conviction was a violent felony (like aggravated assault or robbery), a convicted felon found in possession of a firearm is generally prohibited from owning one and is typically charged as a Class B felony. This can result in imprisonment for eight to thirty years. A felon found in possession of a firearm with a previous conviction for a violent felony or a felony involving a deadly weapon faces the most serious penalties.
  • Prior Drug Offense: If the prior conviction was a felony drug offense (or other specific drug offenses), the penalty for gun possession could be three to fifteen years in prison. A felony drug conviction results in a loss of gun rights in Tennessee. This is also true for some repeat DUI offenses that are charged as felonies. Drug related offenses and serious drug offenses are taken very seriously.
  • Other Felonies: For most other felony convictions, firearm possession is a Class E felony, punishable by one to six years in prison.

Penalties for felons in possession of a firearm in Tennessee can also include substantial fines, often a maximum fine set by the court. These federal and state laws are enforced by police officers and can be prosecuted in federal court, which often carries stricter mandatory sentences under laws like the Armed Career Criminal Act. Constructive possession is often enough to secure a conviction.

Understanding Constructive Possession

It’s important to understand “possession” is not just “ownership.” Tennessee law recognizes constructive possession. This means if a firearm is found in an area you control (like your car or home), and you are aware of its presence, you can be charged with possession of a firearm even if it’s not on your person. This is a common way convicted felons are charged, and it’s a difficult charge to fight in federal court or state court without experienced attorneys. A charge of constructive possession is just as serious as actual possession.

New Criminal Charges for Possession

If you are a convicted felon and you are found in possession of a firearm, you will face new criminal charges. This is not a minor violation; it is a new felony. Tennessee law provides that firearm possession by convicted felons is taken seriously by law enforcement, leading to immediate arrest.

  • State Penalties: As noted, this can range from a Class E felony to a Class B felony, carrying prison terms from one to thirty years.
  • Federal Penalties: If your case is picked up by a federal court, federal law (18 U.S.C. § 922(g)(1)) provides for penalties of up to 10 years in prison.

Violating firearm possession laws as a felon can lead to imprisonment in Tennessee for one to six years for a basic offense, but this escalates dramatically. Individuals with prior convictions for violent felonies face the strictest restrictions on firearm rights restoration in Tennessee. Every firearm possession charge can result in significant penalties, highlighting the seriousness of the offense in the eyes of law enforcement.

Are you facing a ‘Felon in Possession’ charge?

The penalties are severe, and the law is complex. You are facing both state and federal time. Do not wait. Contact our team of experienced criminal defense attorneys immediately for a confidential consultation.

What is a “Felony Conviction”?

In Tennessee, a felony conviction is a criminal offense that carries a potential sentence of one year or more in prison. This is the key distinction from a misdemeanor crime, which is less serious. The “lowest” felony in Tennessee is a Class E felony. Many people ask, “Is a Class D or E felony worse?” A Class E felony is the least severe, while Class D is more serious, followed by Class C felony, Class B felony, and Class A felony. Even a “low-level” Class E felony conviction results in the loss of your gun rights.

Understanding Violent Felonies and Specific Charges

Not all felony convictions are treated the same. Tennessee law creates a significant divide between non-violent felonies and violent felonies. Convictions for violent felonies and serious drug offenses often result in a permanent prohibition on firearm possession.

Aggravated Assault as a Violent Felony

A conviction for aggravated assault is considered a violent felony in Tennessee. This is a critical distinction. If your prior conviction is for aggravated assault, your path to restoring gun rights is severely limited. For most violent felony convictions, restoring firearm rights may be impossible under current state law. A felony involving a deadly weapon, like aggravated assault, makes rights restoration incredibly difficult.

The Lifelong Impact of a Convicted Felon Status

Criminal convictions create a complex web of restrictions that go far beyond jail time or fines. A felony conviction fundamentally alters your civil rights, and even a misdemeanor crime can have a permanent impact on your firearm rights. A convicted felon status follows you for life unless you take affirmative legal action.

For example, a prior conviction for a misdemeanor crime of domestic violence results in a lifetime ban on possessing firearms under federal law. This ban is just as serious as the one for a felony conviction. This federal law is a common trap for individuals who do not realize their criminal history includes this disqualifier.

Understanding your full criminal history is the first step. Many people are unaware of the full legal consequences of their old criminal convictions. These prior convictions dictate which, if any, pathways to rights restoration are available to you. Your eligibility for expungement, a pardon, or judicial restoration depends entirely on the nature of your criminal offense. A felony conviction for a violent felony or drug offense carries different implications than non-violent felonies.

The Impact of Criminal Convictions on Your Rights

Criminal convictions don’t just result in prison time; they strip you of fundamental rights. A felony conviction is the most serious, but even a misdemeanor crime of domestic violence carries a lifetime federal ban on possessing firearms.

Your specific criminal offense and prior convictions create a unique legal profile. This individual’s criminal history is the map that determines your future eligibility for rights restoration. A felony conviction for aggravated assault (a violent felony) has a completely different and more severe impact on gun rights than a Class E felony for a non-violent felony. Understanding this distinction is the first step in any legal process for firearm rights restoration.

What Civil Rights Do Felons Lose in Tennessee?

As of 2025, Tennessee has some of the strictest standards for regaining civil rights after a conviction. When you are convicted of a felony in Tennessee, you lose more than just your gun rights. You also lose key civil rights, which are the fundamental rights of a citizen. These include:

  • The right to vote
  • The right to hold public office
  • The right to serve on a jury

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 conviction in Tennessee. These civil rights are not restored automatically upon completion of your sentence. You must actively seek restoration through a specific legal process. The loss of these civil rights is a major part of the penalty for felony convictions. Persons convicted of felonies in Tennessee are disqualified from holding public office until their citizenship rights are restored by a court.

What is Restoring Civil Rights in Tennessee?

Restoring civil rights is the legal process by which a person with a felony conviction regains the rights lost at the time of conviction. This is a separate process from restoring gun rights. This civil rights restoration process primarily focuses on restoring voting rights and the right to hold public office.

It’s important to know that Tennessee’s restoration process can be costly and burdensome, raising significant hurdles for individuals seeking to restore civil rights. Restoration of civil rights in Tennessee involves specific legal processes that are separate from any expungement of criminal records.

The Process for Civil Rights Restoration

To be eligible for civil rights restoration in Tennessee, individuals convicted of a felony crime must meet strict legal requirements.

  1. Complete Your Sentence: You must be fully discharged from your sentence, including any term of imprisonment, probation, and parole. To restore gun rights in Tennessee, individuals must complete all terms of their sentence.
  2. Pay All Financial Obligations: You must pay all restitution, court costs, and fines in full. You must also be current on any child support obligations.
  3. Waiting Period: Tennessee law requires a waiting period after completing a sentence before individuals can apply for civil rights restoration.
  4. Demonstrate Rehabilitation: For a person to regain their civil rights in Tennessee, they must demonstrate their rehabilitation and have no pending legal issues that could affect eligibility.

How to Restore Your Voting Rights

Restoration of voting rights in Tennessee requires a petition to the circuit court after being pardoned or discharged from a sentence. Eligible individuals can seek restoration and obtain a Certificate of Restoration (COR) to restore their right to vote. The Tennessee Board of Parole can also issue a Certificate of Restoration to individuals who have completed their sentence.

The judicial process for restoring rights includes filing a petition with the circuit court of your residence. The court must notify relevant officials, like the Attorney General and local prosecutor, at least 30 days prior to a hearing. At the court hearing, the petitioner seeking rights restoration must establish their eligibility by a “preponderance of the evidence.”

Who is Ineligible for Voting Rights Restoration?

Even if you meet the basic criteria, certain types of felony convictions are permanently ineligible for voting rights restoration in Tennessee.

  • Persons convicted of serious crimes such as murder, rape, treason, or voter fraud are permanently ineligible to regain the right to vote, even with a pardon.
  • Individuals convicted of public corruption crimes or sexual offenses after 2006 are also ineligible.

This process is complex. Election officials will not allow you to register until you can provide a valid, court-issued restoration document. Getting your civil rights restored is a critical step toward reclaiming your place in society.

How to Legally Restore Your Gun Rights: The 3 Legal Pathways

So, how do you overcome the lifetime ban on gun rights? You must have your rights restored formally. Restoration of gun rights can be achieved through pathways such as pardon, expungement, or obtaining a Certificate of Restoration (though a COR is typically for voting rights, not gun rights).

Each method for restoring gun rights requires completion of the sentence and probation, maintaining a clean record, and demonstrating rehabilitation. The specific type of felony involving violence or drugs is a major factor in determining your eligibility.

  1. Expungement (The Clearest Path)

    This is the most complete and ideal solution for gun rights restoration. Expungement can be the simplest path to regaining gun rights if you are eligible for a specific offense. An expungement legally destroys and erases your conviction. Under the law, it is treated as if it never happened. When a qualifying felony offense is expunged, you are no longer a “convicted felon,” and your state and federal firearms ban is lifted. However, certain felonies cannot be expunged. Eligibility for expungement is not available for all felony convictions in Tennessee. This path is generally prohibited for violent offenses and is typically available only for non-violent felonies. Tennessee law specifies that only certain non-violent Class C, D, and E felonies are eligible for expungement. A Class B felony or any violent felony is not eligible. You must also have completed your sentence (including probation), paid all court costs and fines, and met a five-year waiting period.

    Even after achieving expungement in Tennessee, the restoration of firearm rights may still require a separate process for some individuals, highlighting the complexity of the law.

  2. Judicial Restoration of Civil Rights (The Voting Rights Path)

    If your felony conviction is not eligible for expungement (for example, a violent felony), you may be able to petition the circuit court for a civil rights restoration. This legal process for restoring civil rights can include submitting a petition to the circuit court after completing all sentencing terms. Tennessee’s judicial rights restoration allows individuals with felony convictions to petition for the restoration of citizenship rights, including voting and holding public office.

    Critically, judicial restoration of civil rights does not automatically restore gun rights. In fact, the court orders for this process often explicitly state that they do not restore firearm rights. This process requires petitioning the court, notifying the Attorney General, and providing character references and sworn statements. A petition for restoring firearm rights must include satisfactory proof that the individual is both eligible and merits restoration.

    The new 2023 bill allows individuals to seek the restoration of one or more specific citizenship rights, streamlining the legal process. If no opposition exists from prosecutors, a judge may approve restoration requests without a hearing.

  3. Governor’s Pardon (The Rarest Path)

    A Governor’s Pardon from the Governor of Tennessee (like Governor Bill Lee) is the third and most difficult path. A pardon is an act of forgiveness that can restore all your civil rights, including gun rights. A felon who has been pardoned may be able to possess firearms. A full pardon that restores all civil rights, including gun rights, can lift federal restrictions on gun ownership.

    This process is long and rigorous, involving the Tennessee Board of Parole. A pardon application requires a detailed application, including proof of rehabilitation, and is typically reserved for individuals with prior convictions who can show extraordinary rehabilitation and responsible citizenship over many years. A pardon can restore firearm rights, but it is granted at the sole discretion of the Governor.

    Which Path is Right for You?

    Expungement, Judicial Restoration, or a Pardon? Each path has different requirements based on your specific felony conviction. You don’t have to guess. Contact The Crabtree Law Firm today for a confidential case review to determine your eligibility.

Understanding Court Orders and Your Rights

The legal process for rights restoration ends with a court order. However, not all court orders are the same.

  • Order of Expungement: This is the most powerful order. It destroys the record of your prior conviction.
  • Certificate of Restoration (COR): This document, often issued by the Tennessee Board of Parole or the court, restores your civil rights (like voting). A COR can be issued to individuals who have had their civil rights restored, but it may not restore gun rights.

It is essential to read your court orders carefully. A “general” restoration of citizenship rights does not automatically restore firearm possession rights, a fact clarified in the 2002 Tennessee Supreme Court case, State v. Johnson.

The Federal Law Trap: Why State Restoration Isn’t Enough

This is the most dangerous and common trap for convicted felons seeking gun rights restoration. Even if you successfully navigate Tennessee law and get a state-level restoration, you may still be committing a federal crime by possessing firearms. A federal court operates under a different set of rules.

  • The Federal Ban: The Federal Gun Control Act (18 U.S.C. § 922(g)) is a separate, overriding law. A federal court does not care about a state-level restoration unless it completely restores all your civil rights (voting, jury, public office) AND your gun rights.
  • The Partial Restoration Problem: A partial restoration, such as restoring only restoring voting rights, is insufficient to lift the federal law ban on gun ownership. If you possess firearms in this situation, you are violating federal law and can be prosecuted by a federal court.
  • Federal Convictions: If you have a federal conviction, you must seek restoration through a federal court or a presidential pardon. A state court cannot restore your firearm rights from a federal conviction.
  • Domestic Violence: Federal law also bans firearm possession for certain misdemeanor crime convictions involving domestic violence. This ban is permanent, regardless of state law. This is a critical piece of federal law that many overlook.

This complex interplay between federal and state laws means a small mistake can lead to new criminal charges. This is why experienced attorneys who practice in this specific area are essential to navigate both state and federal regulations.

Frequently Asked Questions About Felon Gun Rights in TN

We hear these questions all the time. Here are the clear answers.

What disqualifies you from owning a gun in TN?

Aside from a felony conviction, you can be disqualified for a misdemeanor crime of domestic violence, being subject to an Order of Protection, issues with your mental health record, or being found mentally defective by a federal court, among other reasons.

Can a felon go to a gun range in Tennessee?

No. A convicted felon cannot “possess” a firearm, even temporarily. Holding or shooting a gun at a range, even under supervision, constitutes possession of a firearm and is a crime under both Tennessee law and federal law.

Does expungement restore gun rights in TN?

Yes. This is the most effective way to achieve firearm rights restoration. Because an expungement destroys the conviction, you are no longer legally considered a convicted felon, which removes the disability under both state law and federal laws.

What rights do felons lose in Tennessee?

In addition to firearm rights, a felony conviction in Tennessee results in the loss of several civil rights, including the right to vote (a key part of restoring voting rights), the right to hold public office, and the right to serve on a jury. These rights restored must be handled through a separate legal process approved by election officials.

What is the waiting period to restore gun rights in Tennessee?

Tennessee law requires a waiting period after completing a sentence before an individual can apply for gun rights restoration. This period varies based on the nature of the felony conviction and the restoration path you are seeking.

Can I restore my gun rights if I have a conviction for a violent felony?

For most violent felonies, restoring firearm rights is extremely difficult and often impossible under current Tennessee law. Convictions for violent felonies and serious drug offenses often result in a permanent prohibition.

Don’t Guess. Know for Sure.

The intersection of state and federal regulations is complicated, and the stakes are too high to risk a mistake. The only way to know your specific path to restoring your firearm rights is to have your individual’s criminal history reviewed by experienced attorneys.

At The Crabtree Law Firm, we handle Tennessee gun rights restoration and expungement cases across the Upper Cumberland. We can pull your complete criminal history, analyze your prior conviction, and tell you exactly what your options are. Contact us today for a confidential, no-obligation initial consultation.