With exception to a few defenses(such as registered NFA Class 3 items) which are listed below, these weapons are illegal and their possession is unlawful in Tennessee:
- An explosive or an explosive weapon
- A device principally designed, made or adapted for delivering or shooting an explosive weapon;
- A machine gun;
- A short-barrel rifle or shotgun;
- A firearm silencer;
- A hoax device;
- A switchblade knife or knuckles;
- A knife with a blade exceeding 4 inches; OR
- Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.
What defenses might I have if I charged with possession of a prohibited weapon?
Generally speaking, so long as there is some legitimate and lawful purpose for your use and possession of the weapon, there is a defense. The most common defense is also listed as an affirmative defense, meaning the defendant must establish by a preponderance of the evidence that it is true. There are a number of defenses which are listed in Tennessee Code Annotated 39-17-1302, however perhaps the most common include that the person’s conduct relative to dealing with the weapon was solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(5), that it was in a nonfunctioning condition and could not readily be made operable.
If you have been charged with this offense, contact our criminal defense lawyers immediately.
424 Church St, Suite 2120A
Nashville, Tennessee 37219
Phone: (615) 829-8259