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Can You Own a Gun in TN If You Are Arrested for Domestic Assault?

December 16, 2023

Can You Own a Gun in TN If You Are Arrested for Domestic Assault?

In many situations, you may be prohibited from owning a gun or other firearms if you are arrested for domestic assault in Tennessee. Under the law, if the responding officer reasonably believes that you have committed a domestic violence offense, they have the right to confiscate any weapons, including a gun, that you allegedly used or threatened to use against the victim.

If the person has been released on bond, the judge may order that the person not possess any weapons or firearms while the case is pending. It is important to look closely at your individualized bond conditions to see if this has been ordered. On the other hand, if you are convicted of domestic assault in TN, you will permanently lose your right to own, carry, or purchase a gun or any firearm. It also doesn’t matter whether you were convicted of a misdemeanor or felony.

If the charge is dismissed, or if you receive judicial diversion and successfully complete probation, the charge may be expunged and you would be eligible to possess a firearm again (as long as you are not prohibited for some other reason).

What Happens If I Get Convicted of Domestic Assault in TN?

Criminal offenses related to domestic assault convictions may be either felonies or misdemeanors. A conviction for domestic assault can result in steep fines, lengthy prison time, probation, and counseling, depending on the nature and severity of the offense. For instance, you could face six months in jail and a $500 fine if you get convicted of a class B misdemeanor or face imprisonment of 15 years and a $10,000 fine if you get convicted of a class C felony.

If the domestic assault incident involves a sex offense, your name, address, other personal information, and details of the offense will also be posted in the Tennessee Sex Offender Registry. A conviction will also be part of your criminal record forever and can negatively impact your entire life in various ways, such as your job opportunities, eligibility for government benefits, child custody, right to vote, and right to own a gun.

You may also be issued an order of protection, which is intended to ensure the alleged victim’s safety. If there’s an order of protection against you, you must surrender your gun or other firearms until your case has been resolved. Otherwise, you may be charged with a class A misdemeanor on top of your domestic assault charge.

Aside from the possibility of facing imprisonment, fines, and losing various rights, such as owning a gun, a domestic assault conviction can lead to devastating consequences to your reputation, personal life, and career. Having an experienced TN domestic assault defense attorney working on your case can help eliminate, minimize, or mitigate the harsh consequences that come with a conviction for domestic assault.

To learn more about your case and schedule your free case review with our TN domestic assault defense attorney, contact Raybin & Weissman at 615-256-6666 or send us an online message.