Can I Carry a Handgun in Tennessee if I Have a DUI Conviction?

Gun rights and Tennesseans go hand in hand, but what happens when alcohol gets added into the mix? Even in an ardently firearm-friendly state, citizens can still have their gun rights restricted as the result of certain criminal convictions.

According to a recent report, Tennessee ranks 12th in the nation for DUI rates, with approximately 362 arrests per 100,000 licensed drivers. It’s important for residents of the Volunteer State to understand how their rights to gun ownership stand to be impacted by a DUI conviction.

As experienced DUI lawyers in Nashville, the team at Waynick Law, PLLC, regularly helps clients understand how a past conviction may impact their gun rights. Here is a brief overview of what Tennessee law says about handgun ownership and open carry rights in the wake of a DUI conviction, as well as some of the ways an attorney can help you protect your rights while facing criminal charges.

Understanding Tennessee gun laws

Notoriously, Tennessee has relatively permissive gun laws compared to many other states. In Tennessee, eligible individuals age 21 and over (or 18 for military personnel) are legally entitled to carry a handgun — open or concealed — without a permit.

But who is eligible, exactly? Under Tennessee law, pretty much any person who is over 21 may carry a handgun as long as the gun was obtained legally and they are carrying the handgun in a location where they are lawfully present. However, Tennessee law prohibits individuals with certain criminal convictions, including felonies and some misdemeanors, from purchasing, possessing or carrying firearms.

Tennessee has not enacted any red flag laws and does not require universal background checks as a prerequisite for firearm purchases, but it is still against the law for a resident to purchase a gun if they:

• Have been convicted of a felony
• Have been convicted of a felony crime of violence, an attempt to commit a felony crime of violence or a felony involving the use of a deadly weapon
• Have been convicted of a felony drug offense
• Have been convicted of a misdemeanor crime of domestic violence
• Have been convicted of stalking
• Have one or more DUI convictions in the last five years or two or more within ten years — this can disqualify you from obtaining a handgun carry permit (though it may not always bar you from permitless carry depending on your sentence status)
• Are subject to an order of protection
• Are banned from possessing a firearm under any other state or federal law
• Have been adjudicated as mentally defective, judicially committed to a mental health institution or had a court appoint a conservator due to a mental defect
• Are under 25 and have been adjudicated delinquent for certain acts

It is important to note that while State law prohibits individuals under the age of 21 from purchasing handguns, it is not illegal for a person to possess a handgun if they are between the ages of 18 and 21. Additionally, Tennesseans aged 18-20 are not eligible for permitless carry and must apply for a handgun carry permit if they wish to open or concealed carry a handgun they legally possess.

Does a DUI conviction impact your gun rights?

As you may have noticed in the criteria named above, a DUI conviction falls under the list of convictions that could bar you from legally carrying a firearm. While many DUI convictions are classified as misdemeanor offenses, Tennessee law treats any DUI conviction seriously for purposes of handgun permit eligibility. Whether it impacts your right to carry without a permit depends on your conviction history and sentence status.

In practice, this means that any individual currently serving time or on probation for a misdemeanor DUI conviction will be barred from carrying a firearm or obtaining an open or concealed carry permit. Similarly, any person who has received one DUI conviction within the last five years or two within the last ten years (with at least one conviction occurring within the last ten years) may not be eligible for a handgun carry permit under state law, though whether they can carry without a permit depends on additional factors such as current probation or sentence status.

Misdemeanors vs. felonies: How different convictions affect gun rights

In the state of Tennessee, most DUI convictions constitute misdemeanor crimes that will not affect an individual’s federal rights with respect to firearm possession. However, there are some circumstances that would result in a DUI offense being elevated to a felony charge and result in the offender having their federal gun rights restricted.

That’s because federal law dictates that any person convicted of a felony (or awaiting trial on felony charges) is barred from firearm possession. In Tennessee, driving under the influence does not, in a vacuum, constitute a felony crime. However, a DUI offense may rise to the standard of a felony crime if the intoxicated person:

• Has already received three or more DUI convictions
• Caused serious bodily injury to another party while intoxicated
• Was driving drunk with a minor in the car
• Committed vehicular homicide while intoxicated

Additionally, the federal Gun Control Act imposes firearms restrictions on some other groups of people. Specifically, substance abusers, subjects of restraining orders, individuals convicted of domestic violence charges and anyone who has been committed to a mental institution are subject to having their federal gun rights restricted or revoked.

Because federal law takes precedence over state legislation, any person who is federally barred from purchasing or possessing a firearm is also barred from exercising those rights in the state of Tennessee – regardless of whether or not Tennessee law would explicitly restrict those rights at the state level. That means if, for example, your DUI conviction was tied to substance abuse, the federal government may consider you an unlawful user of a controlled substance and restrict your access to firearms, even if the state of Tennessee would not.

What happens if I illegally carry a firearm?

Carrying a handgun while prohibited can lead to serious criminal charges. In Tennessee, carrying or possessing a firearm when you are legally barred from doing so can be charged as a Class A misdemeanor or even a felony, depending on your record and the circumstances.

Penalties for these offenses can include:

• Fines
• Jail or prison time
• Additional restriction of firearm rights
• Federal prosecution in some cases

If you have been charged with or convicted of a DUI in Tennessee, it is vital that you contact an experienced DUI attorney before attempting to purchase or carry a firearm in order to avoid inadvertently violating gun control laws. Ignorance of the law is not an excuse for violating it. If you are caught carrying a handgun when you are not legally permitted to do so, you could face additional charges with more severe consequences.

Can I restore my gun rights after a DUI conviction?

In some cases, individuals may be able to restore their gun rights following a DUI conviction. However, gun rights restoration can be a complex process and may not be available to all convicted persons.

Generally speaking, the options available to those seeking gun rights restoration in Tennessee include:

• Expungement of one’s criminal record
• Restoration of rights through a pardon
• Receipt of a judicial “certificate of restoration”
• Restoration after probation or parole ends, if applicable

Restoration of gun rights is not automatic, and there are often multiple steps required in order to achieve restoration. Restoring federal gun rights is even harder, so any individual subject to federal firearm restrictions will need to partner with an extremely skilled DUI lawyer to help them assess their options and navigate the system.

Contact a Nashville DUI lawyer

If you’ve been charged with a DUI in Tennessee and want to understand or mitigate the impact of a conviction on your gun rights, the team at Waynick Law, PLLC is here to help. With offices in Nashville and Dickson, our local team understands the complex interplay of firearm rights and DUI convictions within the state, as well as the resounding impact a loss of handgun rights can have on the day-to-day lives of Tennesseans.

Whether you’re trying to stave off a DUI conviction or navigate the complex legal process of restoring your gun rights, our trusted team is standing by to offer you the support you need to fight for the best possible outcome in your case. Give us a call today for a consultation with a member of our team. We’d be happy to answer your questions, explore your options and establish a battle plan to fight for your rights.