Unlawful Possession of a Weapon
Defending Those Charged Unlawful Possession of a Weapon โ Knoxville and East Tennessee Area
A person may be charged with unlawful possession under T.C.A. ยง 39-17-1307(b) if he or she carries a firearm, a knife, or a club with the intent to go armed, unless the person has a "defense" recognized by law. A crime of unlawful possession under this subsection of the Tennessee Code is a misdemeanor. A more serious felonious crime occurs, however, when a person 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.
If you have been charged with unlawful possession of a weapon in Tennessee, you will want a skilled gun crimes attorney with the necessary experience to help you defend against these charges. Call an experienced gun crimes attorney today at Baker Associates.
Unlawful Possession of a Weapon in Tennessee
A person commits an offense when he or she unlawfully carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches, or a club. As used in the statute, ''possession'' of a weapon may be actual or constructive. A person who knowingly has direct physical control over a weapon at a given time is then in actual possession of it. A person who, although not in actual possession, knowingly has both the power and intention at any given time to exercise dominion and control over a weapon is then in constructive possession of it. For example, evidence was sufficient to support a finding of constructive possession of a firearm where police officers followed a suspect on foot, saw him crouch down between a house and a fence, and, later upon subsequent investigation, found a hand gun where the suspect had crouched.
The first unlawful possession conviction is a Class C misdemeanor, which carries less than a 30 day jail term and/or a $500 fine. However, subsequent violations are Class B misdemeanors. A Class B misdemeanor carries a maximum jail sentence of six months.
Defenses to Unlawful Possession
There are several statutory defenses available under the Tennessee Code. The most obvious defenses apply to those who have lawful gun carry permits issued by the Department of Safety or are otherwise authorized by law to carry firearms. It is also a defense if the possession or carrying was:
- At the accused's place of residence, business, or premises; or
- Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity; or
- By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals; or
- By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer; or
- By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws; or
- By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification.
Unlawful Possession with Intent to Employ During the Commission of a Crime
It is also a gun crime under Tennessee law to possess a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from an offense. If charged with this crime, you are facing a Class E felony conviction that carries up to a year in jail and a $3,000 fine in addition to any sentence passed down for the underlying crime.
Protecting the Rights of Our Clients
Any one charged with a gun crime is facing possible jail time and fines. It is therefore critical that you consult an experienced gun crimes attorney today. At Baker Associates, we have successfully represented individuals charged with unlawful possession of a weapon. Don't take a chance with an inexperienced attorney when the stakes are high; get the most aggressive and skilled legal representation by calling Baker Associates today for a free consultation and case evaluation.
If you have been charged with the unlawful possession of a weapon, contact a gun crimes defense lawyer at our Knoxville area offices by completing the form below.
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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001
Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888
Washington County
300 East Main Street
Johnson City, Tennessee 37601
