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Felon Gun Rights in Tennessee

Must petition for restoration

It depends. If your Tennessee felony conviction was for a non-violent offense that did not involve drugs or a deadly weapon, you may be able to restore your gun rights through expungement, a gubernatorial pardon, or a court-ordered restoration of citizenship rights. If your conviction involved violence, drugs, or a deadly weapon, only a full gubernatorial pardon or successful expungement (if eligible) can restore your firearm rights. Federal law under 18 USC 922(g)(1) also applies and must be separately addressed.

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Overview

Tennessee prohibits firearm possession for all persons convicted of a felony involving violence, attempted violence, a deadly weapon, or a drug offense under TCA 39-17-1307. For non-violent felonies that did not involve a firearm or drugs, Tennessee offers three restoration pathways: a gubernatorial pardon, expungement of the conviction, or a court-ordered certificate of restoration of citizenship rights. Expungement is the cleanest path because it legally erases the conviction, lifting both the state prohibition under TCA 39-17-1307 and the federal prohibition under 18 USC 922(g)(1). A 2018 amendment to TCA 39-17-1307(c) clarified that persons whose full citizenship rights have been restored may possess firearms if their conviction was for a non-violent, non-drug, non-weapon felony.

Quick Answer

It depends. If your Tennessee felony conviction was for a non-violent offense that did not involve drugs or a deadly weapon, you may be able to restore your gun rights through expungement, a gubernatorial pardon, or a court-ordered restoration of citizenship rights. If your conviction involved violence, drugs, or a deadly weapon, only a full gubernatorial pardon or successful expungement (if eligible) can restore your firearm rights. Federal law under 18 USC 922(g)(1) also applies and must be separately addressed.

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), any person convicted of a crime punishable by imprisonment for more than one year is federally prohibited from possessing firearms or ammunition. In Tennessee, a successful expungement legally erases the conviction, meaning the person is no longer a 'convicted felon' under either state or federal law — this is the most effective path for lifting both prohibitions. A gubernatorial pardon also lifts the federal ban if it restores civil rights without expressly excluding firearms. A court-ordered restoration of citizenship rights may lift the federal ban if it restores the right to vote, hold office, and serve on a jury — and does not expressly limit firearm possession. The revived federal 18 USC 925(c) process (2025) provides an additional pathway to petition the DOJ directly for relief from federal firearms disabilities.

Can restore gun rights

  • Convicted of a non-violent felony that did not involve drugs or a deadly weapon — may petition for restoration of citizenship rights, seek expungement, or apply for a gubernatorial pardon
  • Convicted of an eligible Class C, D, or E non-violent felony — may seek expungement under TCA 40-32-107/108, which fully restores gun rights upon success
  • Completed full sentence including probation, parole, and payment of all fines, restitution, and court costs
  • At least 5 years since sentence completion for Class E felony expungement; 10 years for Class C or D felony expungement
  • Any felony conviction may apply for a gubernatorial pardon regardless of offense type

Cannot restore gun rights

  • Convicted of a violent felony (e.g., murder, assault, robbery, kidnapping, rape) — permanent prohibition unless pardoned or conviction expunged
  • Convicted of a felony drug offense — permanent prohibition unless pardoned or conviction expunged
  • Convicted of any felony involving the use of a deadly weapon — permanent prohibition unless pardoned or conviction expunged
  • Convicted of an attempted violent felony — same restrictions as the completed offense
  • Persons who have not completed their full sentence (including probation, parole, fines, and restitution)
  • Persons convicted of offenses not eligible for expungement (Class A or B felonies, sexual offenses, DUI felonies, most violent crimes)
  • Persons subject to an active order of protection or domestic violence restraining order

Step-by-Step Process

1

Determine your offense category and eligibility

Review your conviction under TCA 39-17-1307 to determine if it was a violent felony, drug felony, or involved a deadly weapon. Non-violent, non-drug, non-weapon felonies have the broadest restoration options. Check TCA 40-32-107/108 to see if your specific offense qualifies for expungement.

2

Complete your full sentence

You must have completed all incarceration, probation, parole, and community supervision. All court-ordered fines, costs, and restitution must be paid in full. Obtain documentation of sentence completion from the Tennessee Department of Correction or your probation officer.

3

Choose your restoration pathway

Tennessee offers three pathways: (1) Expungement — the most effective option if eligible, as it erases the conviction entirely; (2) Court-ordered restoration of citizenship rights — available for non-violent, non-drug, non-weapon felonies under TCA 39-17-1307(c); (3) Gubernatorial pardon — available for all offenses but rarely granted.

4

File the appropriate petition

For expungement: File a petition in the court where you were convicted after the required waiting period (5 years for Class E felonies, 10 years for Class C/D). For restoration of citizenship rights: File a petition in circuit court showing rehabilitation. For a gubernatorial pardon: Submit an application to the Tennessee Board of Parole, which reviews and makes recommendations to the Governor.

5

Attend the court hearing or await decision

For expungement and restoration petitions, attend the court hearing with supporting documentation (character references, employment records, community involvement). The judge will evaluate your case and may grant or deny the petition. For pardons, the Board of Parole will conduct an investigation and hearing before making a recommendation to the Governor.

6

Obtain documentation and verify federal compliance

If granted, obtain certified copies of the expungement order, restoration order, or pardon. For expungement, ensure the conviction is removed from state and federal databases (including NICS). For restoration or pardon, consult an attorney about whether the relief satisfies federal requirements under 18 USC 922(g)(1). Consider filing under the revived federal 18 USC 925(c) process for additional certainty.

Waiting Period

For expungement: 5 years after sentence completion for Class E felonies; 10 years after sentence completion for Class C and D felonies. For court-ordered restoration of citizenship rights: no statutory minimum waiting period after sentence completion, but must demonstrate rehabilitation. For gubernatorial pardon: no fixed waiting period, but the Board of Parole typically requires several years of law-abiding conduct.

Key Laws

LawYearDescription
TCA 39-17-1307 — Unlawful Possession of a Firearm1989 (amended 2018)Prohibits firearm possession by any person convicted of a felony involving violence, attempted violence, a deadly weapon, or a drug offense. Class B felony for handguns; Class A misdemeanor for long guns in some situations. Subsection (c) provides three restoration exceptions: gubernatorial pardon, expungement, or full restoration of citizenship rights (for non-violent, non-drug, non-weapon felonies).
TCA 40-32-101 / 40-32-107 / 40-32-108 — Expungement of Criminal Records2012 (reorganized 2025)Allows expungement of certain non-violent Class C, D, and E felony convictions after a waiting period. Reorganized in 2025 to separate dismissed-offense expungement (40-32-106) from conviction expungement (40-32-107/108). A successful expungement fully erases the conviction and restores all civil rights, including firearm rights, under both state and federal law.
TCA 39-17-1307(c) — 2018 Amendment for Citizenship Restoration2018Clarified that persons whose full rights of citizenship have been restored by court order may possess firearms if their conviction was for a non-violent, non-drug, non-weapon felony. This expanded restoration beyond pardons and expungements to include judicial restoration of citizenship.
18 USC 922(g)(1) — Federal Firearms Prohibition1968Federal law prohibiting any person convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition. Applies regardless of Tennessee state law. Lifted by expungement, full pardon, or restoration of civil rights that does not exclude firearms.
18 USC 925(c) — Federal Firearms Disability Relief (Revived 2025)1968 (revived 2025)After a 30+ year funding freeze, the DOJ revived the federal process for individuals to petition for relief from federal firearms disabilities. Administered by the Office of the Pardon Attorney. Provides a direct federal pathway independent of state-level restoration.

Edge Cases

My felony conviction was for a non-violent offense but involved a drug charge. Can I get my gun rights back without a pardon?

Drug felonies are specifically listed in TCA 39-17-1307 as permanently prohibiting offenses. You cannot use the court-ordered restoration of citizenship pathway for drug felonies. However, if your specific drug offense qualifies for expungement under TCA 40-32-107/108 (some non-trafficking drug offenses may qualify), a successful expungement would restore your gun rights. Otherwise, a gubernatorial pardon is your only option.

I received a judicial diversion and my case was dismissed. Am I prohibited from owning a gun?

If you successfully completed judicial diversion and the charge was dismissed, you were not 'convicted' of a felony under Tennessee law. The firearm prohibition under TCA 39-17-1307 applies to convictions, not dismissed diversions. You should be able to possess firearms, but verify with an attorney and ensure the diversion dismissal is properly reflected in background check databases.

I was convicted in federal court while living in Tennessee. Can I use Tennessee's restoration process?

Tennessee's expungement and citizenship restoration processes apply to Tennessee state convictions. Federal convictions are not eligible for Tennessee expungement. For a federal conviction, you would need a presidential pardon or relief under the revived 18 USC 925(c) process. However, if your federal conviction would have been a non-violent felony under Tennessee law, some attorneys argue the citizenship restoration path may be available — consult a firearms attorney.

Does a Tennessee expungement remove the federal firearm prohibition?

Yes. Under federal law, an expunged conviction is treated as if it never occurred. Once your Tennessee conviction is successfully expunged, the federal prohibition under 18 USC 922(g)(1) no longer applies to that conviction. However, you must ensure the expungement is properly reported to the FBI/NICS database, or you may encounter delays when attempting to purchase a firearm.

I have a felony conviction from another state but now live in Tennessee. Which state's law applies?

Both states' laws may apply. You are prohibited under federal law (18 USC 922(g)(1)) regardless of where the conviction occurred. Tennessee law (TCA 39-17-1307) applies to anyone possessing a firearm in Tennessee who has a qualifying felony conviction from any jurisdiction. You would need to pursue restoration in the state where you were convicted, or seek relief through the federal 18 USC 925(c) process.

Can I possess a long gun (rifle or shotgun) even if I cannot possess a handgun in Tennessee?

No. TCA 39-17-1307 prohibits possession of all firearms — not just handguns — for persons convicted of qualifying felonies. While the penalty classification may differ (Class B felony for handguns, potentially lesser for long guns in some scenarios), possession of any firearm is illegal if you are a prohibited person under the statute.

Frequently Asked Questions

Can a felon own a gun in Tennessee?
It depends on your specific conviction and whether your rights have been restored. Tennessee prohibits firearm possession for persons convicted of violent felonies, drug felonies, and felonies involving deadly weapons. If your conviction was for a non-violent, non-drug, non-weapon felony, you may restore your gun rights through expungement, a court-ordered restoration of citizenship rights, or a gubernatorial pardon. The federal prohibition under 18 USC 922(g)(1) must also be addressed.
What is the best way to restore gun rights in Tennessee?
Expungement is the most effective path if you are eligible. It legally erases the conviction, lifting both the state and federal firearms prohibitions. Expungement is available for certain non-violent Class C, D, and E felonies after a 5-10 year waiting period. If you are not eligible for expungement, a court-ordered restoration of citizenship rights is available for non-violent, non-drug, non-weapon felonies. A gubernatorial pardon is the broadest option but the most difficult to obtain.
How long do I have to wait to get my gun rights back in Tennessee?
The waiting period depends on the pathway. For expungement: 5 years after sentence completion for Class E felonies, or 10 years for Class C and D felonies. For court-ordered restoration of citizenship: no fixed statutory waiting period, but you must demonstrate rehabilitation. For a gubernatorial pardon: no fixed timeline, but the Board of Parole typically expects several years of law-abiding conduct after sentence completion.
What felonies can be expunged in Tennessee?
Only certain non-violent Class C, D, and E felonies are eligible for expungement under TCA 40-32-107/108. Common eligible offenses include theft, forgery, certain drug possession charges, and vandalism. Violent crimes, sexual offenses, DUI felonies, and most Class A and B felonies are not eligible. The law was reorganized in 2025 — check the current statutes or consult an attorney for the most up-to-date eligibility list.
Does a pardon restore gun rights in Tennessee?
Yes. A full gubernatorial pardon restores gun rights under both Tennessee state law and federal law. The pardon must explicitly restore the right to possess firearms. The application is submitted to the Tennessee Board of Parole, which investigates and makes a recommendation to the Governor. Pardons are rare in Tennessee but are the only option for violent felony or drug felony convictions that are not eligible for expungement.
Can I buy a gun after my rights are restored in Tennessee?
If your conviction has been expunged or you have received a full pardon, you should be able to purchase a firearm through a licensed dealer and pass a NICS background check. If you obtained a court-ordered restoration of citizenship rights, the situation is more nuanced — you may need to verify that the restoration satisfies federal requirements. Allow time for databases to be updated after your restoration is granted.
What is the federal 18 USC 925(c) process, and can I use it in Tennessee?
The 18 USC 925(c) process was revived by the DOJ in 2025 after a 30+ year funding freeze. It allows any federally prohibited person to petition the Attorney General for relief from federal firearms disabilities. This is a direct federal pathway that does not depend on Tennessee state law. Applications are processed by the Office of the Pardon Attorney. This is particularly useful for Tennessee residents with federal convictions or whose state-level restoration may not clearly lift the federal ban.
I was convicted of domestic violence. Can I get my gun rights back in Tennessee?
Domestic violence convictions create a separate prohibition under both Tennessee law and federal law (18 USC 922(g)(9), the Lautenberg Amendment). Even misdemeanor domestic violence convictions trigger a federal firearm ban. This federal prohibition is not lifted by state-level restoration — only an expungement of the conviction or a presidential pardon can remove the federal domestic violence firearms disability. Consult a firearms attorney for this complex situation.
Do I need a lawyer to restore my gun rights in Tennessee?
While not legally required, it is strongly recommended. The interaction between Tennessee state law and federal firearms law is complex, and errors can result in felony charges for unlawful possession. An attorney can determine which pathway is best for your specific conviction, ensure the restoration satisfies federal requirements, and handle the court filings or pardon application on your behalf.
What happens if I possess a gun before my rights are officially restored?
Possessing a firearm while prohibited is a serious criminal offense. Under Tennessee law, it is a Class B felony (handguns) or potentially a Class A misdemeanor (long guns). Under federal law (18 USC 922(g)(1)), it is a felony punishable by up to 15 years in prison. Do not possess any firearm until you have official documentation that your rights have been fully restored under both state and federal law.

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Disclaimer: Source: Collateral Consequences Resource Center (CCRC) — Restoration of Rights Project. Cross-references: NACDL Restoration of Rights Project, Duke Center for Firearms Law, ATF State Laws and Published Ordinances, 36th Edition, DOJ Federal Firearm Rights Restoration. This is informational only, not legal advice. Firearm laws are complex and change frequently — possessing a firearm in violation of federal or state law is a serious felony. Verify current rules with a qualified attorney in Tennessee.