Nashville Weapons Offense Lawyer | Protecting Your Rights and Second Amendment Freedoms
Tennessee strongly protects the right to bear arms, but state and federal laws place strict limits on who can possess weapons and how they may be carried. A weapons charge in Nashville can carry serious penalties, including jail time, steep fines, and permanent loss of your gun rights. In many cases, a weapons offense is charged alongside other crimes, making the consequences even more severe.If you’ve been charged with a weapons offense in Nashville, Davidson County, or anywhere in Middle Tennessee, you need an experienced criminal defense attorney who will fight to protect your rights. Attorney Erik Herbert has defended clients in thousands of criminal cases and has the experience to challenge unlawful searches, negotiate reduced charges, or defend you at trial.
Understanding Weapons Offenses in Tennessee
Common Types of Weapons Charges
- Unlawful Possession of a Firearm: Having a gun as a convicted felon, juvenile, or otherwise prohibited person.
- Carrying a Weapon Without a Permit: Tennessee allows permitless carry under certain conditions, but restrictions still apply.
- Possession of a Firearm During a Felony: Enhances penalties if a weapon is present during another crime.
- Reckless Endangerment with a Weapon: Firing a gun or brandishing it in a dangerous manner.
- Prohibited Weapons: Possessing machine guns, silencers, or other restricted devices.
School Zone or Government Property Violations: Carrying firearms in restricted locations.
Tennessee and Federal Gun Laws
Weapons charges can arise under both Tennessee law and federal law.
- State Law: Covers possession, carry restrictions, and enhancements in violent crime cases.
- Federal Law: Applies to felons in possession, interstate firearm trafficking, and possession of restricted firearms.
Being charged under federal law often means harsher penalties and mandatory minimum sentences.
Penalties for Weapons Offenses
Unlawful Possession of a Firearm
- Class E felony
- 1 to 6 years in prison
- Fines up to $3,000
Felon in Possession of a Firearm (Federal)
- Up to 10 years in federal prison
- Mandatory minimum sentences apply for repeat offenders
Possession of a Firearm During a Dangerous Felony
- Mandatory 6-year prison sentence
- Served consecutively, not concurrently, with other charges
Prohibited Weapons
- Charges vary depending on the type of weapon
- Felony convictions often include lengthy prison terms
Collateral Consequences of a Weapons Conviction
Beyond fines and prison, a weapons conviction can carry lasting consequences:
- Permanent Loss of Gun Rights: Felony convictions typically mean a lifetime firearm ban.
- Employment Restrictions: Many employers avoid applicants with weapons convictions.
- Housing and Reputation: A criminal record affects rental applications and public perception.
Federal Restrictions: Even if Tennessee rights are restored, federal prohibitions may remain.
Defense Strategies for Weapons Charges
Attorney Erik Herbert carefully examines each weapons case to find weaknesses in the prosecution’s argument and protect his clients’ rights.
Common Defenses Include:
- Illegal Search and Seizure: Firearms found during an unlawful search may be inadmissible.
- Lack of Knowledge: Prosecutors must prove you knew about the weapon’s presence.
- Improper Possession Allegations: Firearms may belong to someone else.
- Self-Defense or Lawful Carry: In some cases, possession or use of a weapon is legally justified.
- Challenging Enhancements: Fighting “possession during a felony” enhancements when evidence is weak.
Example: Vehicle Searches in Nashville
Many weapons charges result from traffic stops. Erik investigates whether officers had probable cause or exceeded their authority during the search. If your rights were violated, the firearm evidence may be thrown out.
The Court Process for Weapons Offenses
Step 1: Arrest and Booking
You may be arrested during a traffic stop, at your home, or in connection with another investigation.
Step 2: Arraignment
Formal charges are read in Davidson County Criminal Court (or federal court if applicable).
Step 3: Discovery and Pre-Trial Motions
Your attorney reviews police reports, search warrants, and evidence collection. Motions may challenge constitutional violations.
Step 4: Negotiation or Trial
Some cases resolve through plea agreements, while others proceed to trial. Erik prepares every case as if it will be tried, ensuring the strongest possible defense.
Why Hire Erik Herbert as Your Weapons Offense Lawyer?
- Extensive Experience: Thousands of criminal defense cases, including weapons charges.
- Local Knowledge: Familiar with Nashville prosecutors, judges, and courts.
- Aggressive Defense: Challenges searches, seizures, and government overreach.
- Comprehensive Approach: Handles both state and federal weapons cases.
Client-Centered Representation: Keeps clients informed, prepared, and supported throughout the process.
FAQs About Weapons Charges in Tennessee
Q: Can I legally carry a gun in Tennessee without a permit?
A: Yes, Tennessee allows permitless carry for adults over 21, but restrictions still apply, especially in certain locations or for prohibited individuals.
Q: What happens if I’m a felon caught with a gun?
A: Felons cannot legally possess firearms in Tennessee or under federal law. Penalties include years in prison and permanent loss of gun rights.
Q: Can weapons charges be expunged?
A: Convictions for weapons offenses generally cannot be expunged. However, dismissed charges may qualify.
Q: Are weapons charges always separate from other crimes?
A: Not always. Many times, weapons charges are filed alongside drug crimes, assaults, or robberies, increasing overall penalties.
Q: What if I had a weapon in self-defense?
A: Self-defense can be a valid defense in some cases. An attorney must evaluate whether your use or possession of the weapon was legally justified.
If you’ve been charged with a weapons offense in Nashville or anywhere in Middle Tennessee, your future and your rights are at risk. You need an attorney who understands both Tennessee and federal gun laws and will fight aggressively to protect your freedom.
Contact Nashville weapons offense lawyer Erik Herbert today for a confidential consultation.