I’ve been charged with a felony. Can I keep my guns until the case is over?

Not freely. In Tennessee, a pending felony case can restrict your guns long before any conviction. If you assume that "not convicted yet" means "no restriction yet," you can end up committing a new crime or losing your bond.

What happens to my carry permit?

If you are charged with burglary, a felony drug offense, or a felony involving violence or the use of a firearm, Tennessee law requires you to surrender your handgun carry permit, and the permit is suspended while the case is pending. During that time you are temporarily prohibited from carrying a handgun, and carrying on a suspended permit can lead to unlawful-carry charges. The permit is restored automatically only if you are acquitted. A dismissal, a diversion, or a plea is not an acquittal, and it may leave you having to take steps to get the permit back; certain pleas, such as a plea to a felony or to a disqualifying misdemeanor, can end your right to carry permanently. If your felony is not on that list, the permit is still not automatically safe. A court can decide whether you pose a material risk of physical harm to the public, and if it finds that you do, it can make surrendering the permit a condition of your release. Keep in mind that a permit is permission to carry a gun you are already legally allowed to have. It is not permission to have one.

Can I buy a gun while the case is open?

While you are under indictment for a felony, federal law makes it a crime to buy a gun or ammunition, take delivery of one, or otherwise receive one, even if the charge is later dismissed. That federal rule is about getting a gun, and about shipping or transporting one across state lines. It does not cover simply keeping one you already own. The federal purchase form asks separately whether you are under indictment, and a wrong answer is its own federal felony even if you were never barred from having a gun. Never guess on that form.

Can the judge take my guns as a bond condition?

Yes. A judge can require you to give up your firearms as a condition of your release, and this is common in domestic-violence, stalking, and weapons cases. Bond conditions are court orders, not suggestions. If you break one, you can be arrested on the spot with or without a warrant, your bond can be revoked so that you stay in jail until trial, and you can be charged with a separate crime. A condition stays in force until a judge changes it. If you cannot live with one, have your lawyer ask the court to change it, and never simply ignore it.

What if there is also an order of protection?

An order of protection is a separate civil order. It does not require a conviction, and it can be entered while your criminal case is pending. Once a qualifying order is in effect, you must give up all your firearms within 48 hours. Knowingly failing to do so is a Class A misdemeanor, and each violation counts as a separate offense.

So is keeping a gun at home a crime?

Not by itself, as long as nothing else applies to you. Continuing to keep a gun you already own is not in itself a Tennessee crime if you are not otherwise prohibited and no bond condition or order of protection forbids it. Tennessee's felon-in-possession law requires an actual conviction, so a charge alone does not make you a convicted felon. Some bars require no conviction at all, such as a court-ordered mental health commitment or unlawful drug use. That narrow point does not make it safe to assume nothing has changed, because the rules on permits, bond conditions, orders of protection and federal purchases all apply before any conviction.

Before you carry, buy, or move a gun while your case is open, bring your bond paperwork and any order of protection to a lawyer and have them read. The answer depends on the exact charge and the exact orders in your file.

About the Author

David G. Ridings is a Nashville criminal defense attorney, former police officer, and former prosecutor with nearly 40 years of experience in the Tennessee justice system. Known as “DrJudge,” he educates hundreds of thousands about their rights during police encounters.

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