Buying a gun in Tennessee is simple — right up until the background check comes back denied.
Two sets of rules determine if you can legally own a firearm in Tennessee: federal law, which applies nationwide, and Tennessee state law, which adds its own restrictions. Even minor convictions, pending charges, or forgotten warrants can make possession illegal.
Knowing what disqualifies you from owning a gun in Tennessee in 2026 — felonies, misdemeanors, DUI convictions, domestic violence charges, drug-related prohibitions, and pending cases — helps you feel more confident and informed about your options if you've already been denied.
Whether you’re facing charges or simply want to understand your rights, here’s what you need to know.
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Can a Convicted Felon Own a Gun in Tennessee?
No. A felony conviction — whether state or federal, in Tennessee or any other state — generally prohibits firearm possession under both federal and Tennessee law, but specific exceptions or nuances may apply depending on the case.
This misconception is common, but the prohibition does not automatically expire after 10 years.
To regain firearm rights, individuals must pursue legal options such as restoration proceedings, qualifying expungements, or pardons, depending on the case.
What about a shotgun, a hunting rifle, or an air rifle?
Federal law doesn't distinguish. A shotgun is a firearm.
A hunting rifle is a firearm. Federal law treats antique firearms differently.
Air rifles generally aren't firearms at all — but Tennessee's felon-in-possession statute is broader than the federal one, and "I thought a shotgun was different" has convicted a lot of people.
Unlawful possession of a firearm by a convicted felon in Tennessee is a felony in its own right.
If the underlying conviction was for a violent felony or a drug felony, the exposure goes up sharply.
Federal prosecutors also charge these cases, and federal sentences are longer.
What Misdemeanors Disqualify You From Owning a Gun?
Any misdemeanor punishable by more than two years in prison. Rare, but it exists.
Most misdemeanors do not prohibit gun ownership. Two categories do.
Under federal law, you lose your firearm rights if you're convicted of:
A misdemeanor crime of domestic violence. Under 18 U.S.C. § 922(g)(9), a domestic assault conviction carries a lifetime federal firearms ban — even though it's "only" a misdemeanor. In Tennessee, that includes domestic assault under T.C.A. § 39-13-111.
Any misdemeanor punishable by more than two years in prison is rare, but it can happen. Knowing this helps you understand when restrictions might apply.
Most common misdemeanors — like simple assault, theft under $1,000, simple possession, reckless driving, or a first-offense DUI — generally do not trigger a federal firearms prohibition on their own.
This should reassure you about your rights in typical situations.
Other Offenses That Can Affect Gun Ownership
You don’t need a felony on your record to lose your right to own a gun.
Some misdemeanor offenses also carry firearm restrictions, especially those connected to domestic violence.
For example:
- A conviction for assault against a romantic partner, co-parent, or household member can make you ineligible to possess a gun under both Tennessee and federal law.
- Violating a restraining order or protection order tied to a domestic violence case can also strip you of your right to carry or own a firearm.
These restrictions stem in part from the federal Lautenberg Amendment, which applies to anyone convicted of a misdemeanor involving domestic abuse, no matter how long ago the offense occurred.
Can You Own a Gun With a Pending Charge, a Warrant, or While on Probation?
Pending felony criminal charge: You can't buy a firearm.
Federal law clearly states that anyone under indictment or on trial for a crime punishable by more than one year is prohibited from purchasing a firearm, which helps the audience feel more confident about their legal boundaries.
Active warrant: A warrant will surface on a NICS background check and will typically stop the sale.
If there's a felony warrant out for you, buying a gun is the least of the problem.
An active warrant can also lead to arrest and additional legal restrictions, so consider consulting a legal professional if you have an outstanding warrant.
On probation or parole: Nearly every probation and parole agreement in Tennessee includes a condition prohibiting firearm possession — separate from any statutory ban.
Violating it can revoke your probation even if the underlying conviction wouldn't have disqualified you.
Check your specific probation or parole conditions to confirm firearm restrictions applicable to your case.
On bond awaiting trial: Check your bond conditions. Firearm surrender is a standard term in Tennessee, particularly in assault and domestic violence cases.
If you're currently facing criminal charges, you may be restricted from buying or carrying a firearm until the case is resolved.
That’s especially true if the charges involve violence, stalking, or certain types of drug offenses.
Tennessee law also allows the Department of Safety and Homeland Security to deny handgun carry permits to applicants with:
- Prior domestic violence convictions
- Pending misdemeanor charges like stalking or DUI
- Active restraining or protective orders filed against them
DUIs and Gun Rights in Tennessee
It may come as a surprise, but driving under the influence (DUI) can also lead to a loss of firearm rights in certain cases.
If you’re currently serving a sentence for a DUI or other Class A misdemeanor, your application for a handgun carry permit will be denied until that sentence is complete.
And if you’re convicted of a second DUI within ten years of the first, you’ll face a five-year waiting period before you can even apply for a permit again.
Can You Buy a Gun With a DUI in Tennessee?
A first-offense DUI in Tennessee is a misdemeanor, which generally does not disqualify you from owning or buying a gun under federal law, helping you understand your rights clearly and confidently.
But there are three ways a DUI still costs you your firearm rights:
1. Felony DUI. A fourth-offense DUI in Tennessee is a Class E felony — and any felony conviction triggers a federal firearms ban. Vehicular assault and vehicular homicide charges carry the same consequences.
2. The "unlawful user" problem. Federal law prohibits firearm possession by anyone who is an unlawful user of a controlled substance.
For example, a drug-related DUI or a DUI paired with a possession criminal charge can impact your rights, so understanding how your specific conviction affects you is essential to feeling in control of your legal situation.
3. Carrying while impaired. Even with a spotless record, Tennessee law makes it an offense to possess a handgun while under the influence.
Include information on how to potentially restore firearm rights after a DUI conviction to help readers plan their legal options.
A DUI arrest where you had a firearm in the vehicle frequently produces a second, separate charge.
Learn more from our Nashville DUI lawyer.
Can you carry concealed in Tennessee after a DUI?
Tennessee allows permitless handgun carry for qualifying adults, and a misdemeanor DUI usually doesn't disqualify you from that.
For enhanced or concealed gun permits, verify your eligibility before carrying, especially if you have alcohol-related convictions, to help you feel confident and secure in your legal rights.
How Do You Get Your Gun Rights Back in Tennessee?
There are a few routes, and which one applies depends entirely on the conviction:
Expungement. Under Tennessee law, certain eligible convictions can be expunged. Whether an expungement restores firearm rights depends on the offense and on whether the expungement qualifies under the federal definition — some do, some don't.
Restoration of citizenship rights. Tennessee has a statutory process for restoring rights lost to a felony conviction. Firearm rights are treated separately from voting rights and are not automatically included.
Pardon. A gubernatorial pardon for a state conviction, or a presidential pardon for a federal one.
Federal relief. A federal statutory mechanism exists to restore firearm rights, but it was unfunded and effectively dormant for decades. There has been movement to reactivate it — if you're pursuing federal restoration, confirm the current status of that process, because it has changed recently.
Domestic violence convictions and violent felonies face the highest barriers, and in many cases, restoration simply isn't available.
How the Law Office of Amanda Gentry Can Help
Tennessee’s firearm laws are detailed and can change depending on your criminal history, court status, or even which judge hears your case.
If you’re unsure whether you’re legally allowed to own or carry a firearm in Nashville or anywhere else in Tennessee, it’s important to talk to a Nashville criminal defense attorney who understands both state and federal gun laws.
At the Law Office of Amanda Gentry, we help clients across Tennessee understand their rights, navigate firearm-related charges, and, when possible, seek restoration of their rights through the courts.
Whether you're dealing with a past conviction or facing new charges, we’re here to help you understand your options.
Can You Own a Gun If You Have a Medical Marijuana Card?
Understanding that federal law prohibits firearm possession for unlawful drug users is crucial, as it helps you avoid unintentional legal violations and feel more confident in your knowledge.
Federal law prohibits firearm possession by any unlawful user of a controlled substance, and marijuana remains federally controlled regardless of what any individual state has legalized.
ATF Form 4473 asks directly whether you're an unlawful user of marijuana, and it includes an explicit warning that state authorization doesn't change the answer.
Checking "no" while holding a medical card is a false statement on a federal form.
Tennessee residents with out-of-state medical marijuana cards should note that federal law applies regardless of where the card was issued, affecting firearm ownership rights.
This is an actively litigated area of law, and courts have split on it.
If you hold a card and own firearms, consulting a Nashville weapons crimes lawyer can provide clarity and reassurance rather than guessing on a form.
Don’t Risk Criminal Charges. Know Where You Stand
Possessing a gun when you're not legally allowed to, even unknowingly, can lead to serious consequences, including felony charges and significant jail time.
That’s why understanding where you stand under the law is critical.
If you’ve lost your gun rights in Tennessee or are worried about how a current charge might affect your ability to own a firearm, don’t wait.
Contact the Law Office of Amanda Gentry today to schedule a consultation and learn more about what you can do next.
