What Misdemeanors Prohibit Gun Ownership in Tennessee?

In Tennessee, the misdemeanors that prohibit gun ownership are a misdemeanor domestic assault conviction, a stalking conviction, being subject to a qualifying order of protection, certain recent or repeat DUI convictions, and being a current unlawful user of a controlled substance. Not all of these work the same way. A domestic violence misdemeanor strips every possession right you have, at home and in public, for life under federal law. Stalking and DUI restrictions only bar carrying in public. The difference matters, and the specific conviction on your record determines where you land.

Misdemeanor Domestic Assault

A misdemeanor conviction under Tennessee Code § 39-13-111 is the heaviest hit to firearm rights the state has. The statute defines a domestic abuse victim broadly: current or former spouses, people who live or have lived together, current or former dating partners, blood relatives, people related by marriage, and minor children of anyone in those relationships.¹ A misdemeanor assault against a former girlfriend or a sibling counts, not only an assault against a spouse.

The state ban is in Tennessee Code § 39-17-1307(f)(1)(A), which makes it a separate Class A misdemeanor to possess any firearm after a conviction for a misdemeanor crime of domestic violence as defined by federal law.² This is a total possession ban. It covers your home, your car, and every public place. Each firearm found can be charged separately.

The federal prohibition runs alongside it. Under 18 U.S.C. § 922(g)(9), anyone convicted in any court of a misdemeanor crime of domestic violence cannot ship, transport, possess, or receive any firearm or ammunition.³ Federal law uses its own definition: the offense must have involved the use or attempted use of physical force, or the threatened use of a deadly weapon, against someone in a qualifying domestic relationship. The Supreme Court has read “physical force” to include even minor offensive touching, so the trigger is low.

The Dating-Partner Exception

The Bipartisan Safer Communities Act of 2022 expanded the federal definition to explicitly include current and recent former dating partners.⁴ Before that change, some dating-partner assaults slipped through because the parties did not share a child or household.

Congress attached a narrow sunset to dating-partner convictions only. If you have no more than one such conviction and are not otherwise prohibited, the federal firearm ban lifts five years after the later of your conviction date or completion of any jail time or supervised sentence, provided you pick up no new qualifying offenses during that period.⁴ This sunset does not reach convictions involving spouses, cohabitants, or co-parents. Those remain permanent under federal law unless cleared through expungement, pardon, or restoration of civil rights.

Orders of Protection

An order of protection is not a conviction, but Tennessee treats it as a firearm bar while it is in force. Tennessee Code § 39-13-113(h) makes it a Class A misdemeanor to knowingly possess a firearm while a qualifying order is in effect, and § 39-17-1307(f)(1)(B) mirrors that prohibition.⁵²

Not every order qualifies. Under federal law, three conditions must be met: you received actual notice of the hearing, you had an opportunity to participate, and the order either includes a finding that you pose a credible threat to your intimate partner’s physical safety or expressly prohibits the use of force against them.³ Emergency or ex parte orders entered without notice to you typically do not qualify. If you were served with notice and simply did not appear, the order still counts.

Violating the terms of the order is a separate Class A misdemeanor under § 39-13-113, punishable by up to 11 months and 29 days in jail.⁵⁶

Stalking

Tennessee Code § 39-17-315 defines stalking as a willful pattern of repeated harassment that would cause a reasonable person to feel terrorized, frightened, or threatened, and that actually does cause the victim to feel that way.⁷ A first offense is a Class A misdemeanor carrying up to 11 months and 29 days in jail and a mandatory minimum fine of $2,000.

The firearm restriction is narrower than people often assume. Under § 39-17-1307(h)(1)(A), a person convicted of misdemeanor stalking cannot carry a firearm with the intent to go armed.² That is a public-carry ban. Tennessee also prohibits selling a firearm to a person convicted of stalking under § 39-17-1316, so legal purchase is off the table too.⁸

A standalone stalking conviction does not automatically ban possession at home. The exception matters: if the stalking involved an intimate partner or someone in a qualifying domestic relationship, the conviction may also meet the federal definition of a misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9), which does impose a total possession ban. Violating the carry restriction is a Class B misdemeanor.

DUI Convictions

This one catches people off guard. Under § 39-17-1307(h)(1)(B), you cannot carry a firearm with the intent to go armed if you have two or more DUI convictions in the prior ten years, or even one DUI conviction in the prior five years.² Convictions from any state count.

This is a carry prohibition, not a total possession ban. You can keep a firearm at home, but you cannot carry one in public. The restriction is time-limited: once the look-back period passes without another DUI, the prohibition expires on its own. A violation is a Class B misdemeanor.

Current Drug Use

Federal law under 18 U.S.C. § 922(g)(3) prohibits anyone who is an unlawful user of, or addicted to, a controlled substance from possessing firearms or ammunition.³ Tennessee folds this in: § 39-17-1307(f)(1)(C) makes it a state Class A misdemeanor to possess a firearm while prohibited under any federal law, and § 39-17-1307(h)(1)(D) bars carrying with intent to go armed for anyone prohibited under 18 U.S.C. § 922(g) as it existed on January 1, 2021.²

The trigger here is current use, not any specific conviction. A misdemeanor drug possession conviction can serve as strong evidence that you are a current unlawful user, especially if it is recent or part of a pattern. Federal authorities and the NICS background check system look at the totality of the circumstances. Recent arrests, failed drug tests, or admissions of drug use can all support a prohibited-person determination. An old marijuana conviction standing alone may not block a purchase; a recent one almost certainly will, and any pattern of drug-related contact with the justice system creates real risk.

Getting Firearm Rights Back

A qualifying misdemeanor does not have to mean permanent loss. Federal law gives three paths out. Under 18 U.S.C. § 921(a)(33)(B)(ii), a conviction is not treated as a disqualifying misdemeanor crime of domestic violence if it has been expunged, set aside, or pardoned, or if the person’s civil rights have been restored. The catch is that the expungement, pardon, or restoration must not expressly prohibit firearm possession.⁴

Tennessee’s Attorney General has confirmed the framework: you must obtain a complete restoration of firearms rights under Tennessee law to restore federal firearms rights. Anything less leaves the federal prohibition intact.⁹

Judicial diversion is worth flagging separately. When a Tennessee court grants diversion, the defendant enters a guilty plea but the court defers entering a judgment of conviction. If you complete the diversion period, the charge is dismissed and eligible for expungement, and because no final conviction is entered, successful diversion should not trigger the federal firearms prohibition. If diversion is revoked and the conviction is entered, the prohibition kicks in immediately. Anyone offered diversion on a domestic violence charge needs to understand that stakes before accepting or rejecting the deal.

The Tennessee Restoration Petition

Tennessee provides a formal petition process for restoring rights lost after a conviction, running through Tennessee Code § 40-29-102 and § 40-29-103, with § 39-17-1316 relevant to firearm rights specifically. You file in the circuit court of the county where you live or where the conviction occurred. You will need certified copies of your conviction records from the court clerk, proof that you completed your sentence including any probation, and documentation that all fines and court costs are paid. A valid photo ID is required at filing.¹⁰

The district attorney general in both your county of residence and the county of conviction must receive at least 20 days’ notice so either can oppose the petition.¹⁰ A hearing follows. The judge evaluates your conduct since the conviction, your overall character, and whether restoration serves the public interest. Witnesses or character references can help.

If the judge grants the petition, the signed order has to be transmitted to the Tennessee Bureau of Investigation so the background check system reflects your restored status. Until that update happens, you will still be denied on a NICS check. Filing fees vary by county but generally run a few hundred dollars, and the process from filing through TBI update often takes several months. Many petitioners hire an attorney.

Penalties for Possession While Prohibited

Getting caught with a firearm while subject to any of these prohibitions creates a second, much larger problem. Under 18 U.S.C. § 924(a)(8), knowingly possessing a firearm while prohibited under § 922(g) carries a maximum federal prison sentence of 15 years and a fine.¹¹ Federal sentencing guidelines begin these cases at a base offense level of 14, and the actual sentence rises based on criminal history, whether the firearm was loaded, and other factors.

State penalties track the specific prohibition. Possessing a firearm after a domestic violence conviction or during a qualifying protective order is a Class A misdemeanor under § 39-17-1307(f), carrying up to 11 months and 29 days in jail.²⁶ Each firearm found can be a separate charge. Carrying with intent to go armed while subject to a stalking or DUI restriction is a Class B misdemeanor. State charges can stack on top of a federal prosecution, so a single incident of prohibited possession can produce both state and federal cases at once.

1
Justia. Tennessee Code 39-13-111 – Domestic Assault
2
Justia. Tennessee Code 39-17-1307 – Unlawful Carrying or Possession of a Weapon
3
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
4
Office of the Law Revision Counsel. 18 USC 921 – Definitions
5
Justia. Tennessee Code 39-13-113 – Violation of an Order of Protection or Restraining Order
6
Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Felonies and Misdemeanors
7
Justia. Tennessee Code 39-17-315 – Stalking, Aggravated Stalking, and Especially Aggravated Stalking
8
Justia. Tennessee Code 39-17-1316 – Sales of Dangerous Weapons
9
Tennessee Office of the Attorney General. Opinion No. 15-75 – Ownership and Possession of Firearms
10
Justia. Tennessee Code 40-29-103 – Notice to District Attorney General
11
Office of the Law Revision Counsel. 18 USC 924 – Penalties