Prosecutors often use the charge of carrying a gun while committing a felony to raise the stakes, even when the firearm was never fired, never shown, or never used to threaten anyone. But the law still has limits, and the government has to prove more than just the presence of a gun.
If you are facing this charge, the details matter. Where the firearm was located, whether you actually had control over it, and what police claim the underlying felony was can all shape whether the case holds up or falls apart.
What is Carrying a Gun While Committing a Felony in Tennessee?
Under Tennessee Code Annotated § 39-17-1324, it’s illegal to possess a firearm during the commission of or attempt to commit certain dangerous felonies.
This charge isn’t about whether you used the gun. You don’t have to fire it, threaten anyone with it, or even touch it. Simply having a gun accessible while committing certain felonies is enough.
The law applies to these specific felonies:
- Murder
- Especially aggravated kidnapping
- Especially aggravated robbery
- Rape
- Aggravated robbery
- Burglary
- Aggravated burglary
- Especially aggravated burglary
- Drug trafficking offenses
If you’re convicted of both the underlying felony and the gun charge, the penalties stack. You serve them consecutively, meaning one after the other.
Penalties for Carrying a Gun While Committing a Felony in Tennessee
Being charged with carrying a gun while committing a felony carries severe mandatory minimum sentences.
If convicted, you face:
- Class C felony: 3 to 15 years in prison
- Mandatory minimum of 6 years at 100% (no early release)
- Must be served consecutively to the underlying felony conviction
- No probation eligibility
- No alternative sentencing programs
This means if you’re convicted of aggravated robbery (Class B felony with 8 to 30 years) and carrying a weapon during the commission (6 years mandatory minimum), you’re looking at a minimum of 14 years in prison.
The mandatory consecutive sentencing makes this one of Tennessee’s most punishing gun laws.
What the State Must Prove When You’re Charged with Carrying a Gun During a Felony
To convict you of carrying a gun while committing a felony in Tennessee, prosecutors must prove beyond a reasonable doubt:
1. You Committed or Attempted a Qualifying Felony
The State must prove you committed one of the dangerous felonies listed in the statute. If the underlying felony charge gets dismissed or you’re acquitted, the gun charge typically falls apart, too.
2. You Possessed a Firearm
You had actual or constructive possession of a firearm during the commission of the qualifying felony.
Actual possession: The gun was on your person.
Constructive possession: The gun was within your immediate reach and control, and you knew it was there.
3. The Gun and Felony Were Connected
The State must show a connection between the firearm and the felony. Courts look at whether the gun was readily accessible during the commission of the offense.
Defenses If You’re Charged with Carrying a Gun During a Felony in TN
These charges can be fought. Here are the most effective defenses when you’re charged with carrying a gun while committing a felony:
Challenge the Underlying Felony
If you beat the underlying felony charge, the weapon charge typically goes away. We focus significant effort on getting the primary charge dismissed or reduced to a non-qualifying offense.
If the State can’t prove you committed a dangerous felony, they can’t prove you carried a weapon during one.
Lack of Possession
The gun must be in your possession or control during the felony. If the gun was in someone else’s possession, in a part of the property you didn’t control, or inaccessible to you during the offense, then you didn’t possess it under the law.
No Knowledge of the Gun
To constructively possess a firearm, you must know it’s there. If someone else placed a gun in your car or home without your knowledge, you can’t be convicted of possessing it during a felony.
No Connection Between Gun and Felony
The gun must be connected to the commission of the felony. Courts consider temporal proximity (was the gun there during the offense?), spatial proximity (was it within reach?), and whether it was secured or stored separately.
Illegal Search and Seizure
If police found the gun through an illegal search, we file a motion to suppress. Under the Fourth Amendment exclusionary rule, illegally obtained evidence cannot be used against you.
How This Charge Affects Plea Negotiations
The mandatory consecutive sentencing gives prosecutors enormous leverage in plea negotiations when you’re charged with carrying a gun while committing a felony in Tennessee.
Typical prosecution strategy: They charge you with both the underlying felony and the gun charge, then offer to dismiss the gun charge if you plead guilty to the felony. This saves you from the mandatory 6-year consecutive sentence.
Our defense strategy: We don’t accept this framework. We challenge both charges aggressively. If we can get the underlying felony dismissed or reduced to a non-qualifying offense, the gun charge disappears entirely.
What to Do If You’re Charged with Carrying a Gun While Committing a Felony
If you’ve been charged with carrying a gun while committing a felony in Tennessee, follow these steps immediately:
Do Not Talk to Police
Say: “I’m not answering questions without my lawyer.”
Don’t explain where the gun came from, who it belongs to, or why you had it.
Do Not Consent to Searches
Say: “I do not consent to any searches.”
Contact a Criminal Defense Lawyer Immediately
These charges carry mandatory prison time. You need an attorney who knows how to challenge both the underlying felony and the weapons charge.
How We Fight These Charges in Memphis
At Harvey Criminal Defense Lawyers, we take an aggressive approach when defending clients charged with carrying a gun while committing a felony:
We Challenge Both Charges
We attack the underlying felony and the weapons charge simultaneously, looking for weaknesses in both.
We File Motions to Suppress
If the search was illegal, we get the gun excluded from evidence. No gun means no weapons charge.
We Challenge Possession
If the gun wasn’t in your possession or control, we present evidence showing others had equal or greater access.
We Go to Trial When Necessary
If the State won’t offer something reasonable, we make them prove every element beyond a reasonable doubt.
Charged with Carrying a Gun While Committing a Felony?
Being charged with carrying a gun while committing a felony in Tennessee means you’re facing mandatory consecutive prison time. These are some of the most serious charges in Tennessee’s criminal code.
At Harvey Criminal Defense Lawyers, we’ve been defending people against stacked gun charges in Memphis and West Tennessee since 2015. We know how to challenge possession, illegal searches, and underlying felonies.
Contact us today for a confidential consultation.
Let’s talk about your case and how we can fight your charges for carrying a gun while committing a felony before mandatory prison time becomes your reality.
Author Bio
Phil Harvey
FOUNDER & ATTORNEY
Phil Harvey is the founder and lead attorney of Harvey Criminal Defense Lawyers in Memphis, Tennessee. Known for his tireless advocacy, Phil defends clients facing serious felony charges, from motor vehicle burglary to first-degree murder. Before starting his own firm, he served as an Assistant Public Defender in Shelby County and represented clients in personal injury and wrongful death cases involving car and trucking accidents, nursing home neglect, and more.
A graduate of The College of William and Mary Law School, Phil honed his trial skills on the Moot Court Team and through years of courtroom litigation experience. He considers it a privilege to stand with the accused when their rights, freedom, and future are on the line.
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