Knoxville Firearms Defense Attorney

According to Ammo.com 32% of Americans claim to personally own a gun (107 million people), while 40% of Americans, or roughly 134,000,000 people, live in a home with a gun. It is very difficult to estimate the precise number of lawful gun owners in the United States, and some say it could be as high as 47% of Americans own at least one firearm.

Tennessee Weapons Defense Lawyer Available 24/7

If you find yourself in a situation where you’re being charged with a weapons offense—like a gun crime—you could face hefty fines, limited future opportunities, and even jail time.

Weapons offenses frequently result in felonies, so you need a criminal defense lawyer with experience and knowledge of gun laws. A Knoxville weapons charges attorney who will is available 24/7 that will work hard to protect your rights and get the best possible outcome for your case.

When someone is charged with possessing a firearm, the government frequently tries to refuse them bail. The United States has a patchwork of gun laws, making it simple for people to unintentionally commit crimes. The laws are complicated, and the arrested law enforcement officer might not be aware of the ever-changing laws and exceptions.

Both state and federal law strictly regulate firearms. Given the severe repercussions, it is imperative that you have competent criminal defense representation. If you or someone you know has been charged with a weapon offense of any kind, our firm may be able to help. For a free initial consultation to discuss your specific case, the Knoxville firearms attorneys at Daniel & Daniel are available.

Tennessee Firearms Charges Defense Lawyer in Knoxville

Some weapons are completely outlawed in the State of Tennessee. This means it is illegal to knowingly or intentionally manufacture, sell, repair, transport, or possess the barred weapons.

Tennessee prohibits the following types of weapons:

• Any type of explosive weapon, including those that fire explosives and those that are made to do so
• A weapon that can fire more than two shots with a single pull of the trigger is called a machine gun.
• Sawed-off shotguns
• A device that mimics the appearance of an explosive or fire-causing device
• Knives with blades exceeding 4 inches

Penalties if convicted of a Firearms Charge in Tennessee

In Tennessee, there are several different punishments for crimes involving weapons. Charges for weapon crimes can range from misdemeanors to felonies.

If the defendant was discovered in possession of a gun, club, or blade longer than four inches and “intended to go armed,” for instance, the charge would be one of simple weapons. This charge is usually considered a Class C misdemeanor and carries a maximum penalty of $50 in fines and 30 days in jail.

Difference Between Misdemeanor and Felony Weapon Possession

A misdemeanor weapon possession typically involves a weapon that has been illegally modified. This charge carries with it a penalty of up to a year in jail and up to $2,500 in fines.

Felony weapon possession typically involves an individual who has been deprived of their firearm rights, such as a convicted felon or a victim of domestic abuse. Penalties for this offense include up to 30 years in prison and fines of up to $50,000.

However, in criminal cases involving defendants found in possession of a machine gun or shotgun that has been sawed off, the charges are classified as Class E felonies. The maximum penalty for this weapons offense is $3,000 in fines and one to six years in prison.

Defenses Against Charges of Misdemeanor and Felony Weapons

Here are a few potential Tennessee defenses against accusations of illegal gun possession.

Constitutional rights violations: Your case may be dismissed if you were the victim of a constitutionally protected right being violated during an arrest or search.

Lack of knowledge: According to this defense, you were ignorant that the weapon was under your ownership or control.

Self-defense: You could be able to claim that you were constantly afraid for your life and that you had been harassed or threatened on a regular basis. You might have a strong case if you were using the weapon in self-defense.

Entrapment: If law enforcement forced or persuaded you to obtain the weapon, this could be a valid defense.

Unloaded weapon: You might be able to use this as a defense if you were carrying an unloaded handgun, rifle, or shotgun that was not concealed.

Illegal search or arrest warrant: You may be able to contest the charges if the police improperly used an invalid search or arrest warrant. For example, search warrants can restrict the scope of a search to a single floor or room. Whatever the police discover beyond these bounds might not be admissible in court.

Illegal search: You might be able to argue that the search that turned up the weapon was not legal. Regardless of whether you committed the crime or not, you may be able to have your case dismissed if police breach protocol or violate your rights.

Contact an Experienced Firearms Defense Attorney Located in Knoxville, TN

At the Daniel and Daniel law firm in Knoxville, Tennessee,our skilled criminal defense attorneys are aware of the strategies used by the prosecution in similar cases. We know how to cooperate with the prosecution and the court to avoid the harshest penalties being imposed, as well as the processes that law enforcement and the prosecution employ to gather evidence against individuals who are accused of crimes. Contact our firm today and speak with an experienced Tennessee criminal defense lawyer at Daniel and Daniel right now to go over your case and your legal options.