Can I Retrieve My Firearm After a Minor in Possession Conviction?

Question from ilc.org, Can I Retrieve My Firearm After a Minor in Possession Conviction?

Answer from AI:

When you were 16, you were arrested and pled guilty to a misdemeanor charge of minor in possession of a firearm in Tennessee. Now that you are an adult and the case is closed, you are wondering if you can get your gun back from the court. Here’s a general explanation of the process and considerations involved.

Understanding Firearm Possession Laws in Tennessee

In Tennessee, firearm possession laws are governed by both state and federal regulations. The key points to consider include:

• State Law: Tennessee Code Annotated (TCA) § 39-17-1307 outlines the unlawful carrying or possession of a weapon. For minors, specific provisions apply under TCA § 39-17-1319.
• Federal Law: The Gun Control Act of 1968, codified at 18 U.S.C. § 922, includes provisions that restrict firearm possession for individuals with certain criminal convictions.

Steps to Retrieve Your Firearm

To determine if you can retrieve your firearm, follow these general steps:

1. Check Your Eligibility: Ensure that your misdemeanor conviction does not disqualify you from possessing a firearm under federal law. Generally, federal law prohibits firearm possession for individuals convicted of certain crimes, but a misdemeanor conviction for minor in possession may not automatically disqualify you.
2. Review State Requirements: Tennessee law may have specific provisions regarding the return of firearms after a conviction. Check the Tennessee Code or consult with a legal professional to understand these requirements.
3. Contact the Court: Reach out to the court where your case was handled. They can provide information on the process for requesting the return of your firearm.
4. File a Petition: You may need to file a formal petition or motion with the court to request the return of your firearm. This process may involve providing evidence that you are now eligible to possess a firearm.
5. Attend a Hearing: Be prepared to attend a court hearing where a judge will review your request and make a determination.

When to Seek Legal Advice

Given the complexities of firearm laws and the potential for serious legal consequences, it is crucial to seek legal advice if you are unsure about your eligibility or the process for retrieving your firearm. A legal professional can provide personalized guidance based on your specific circumstances.

Resources for Further Information

For more detailed information, you can refer to the following resources:

• 18 U.S.C. § 922 – Unlawful Acts
• Tennessee Firearm Laws

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney to address your specific legal needs.