Constructive Possession: How You Can Be Charged Without Holding a Gun in TN

Police can arrest you for a gun that was never in your hand. In Davidson County, these arrests often start with a traffic stop on I-24 or I-40, or with Metro Nashville Police officers answering a call at a home.

Clients who call May McKinney, PLLC afterward usually ask our Nashville criminal defense attorneys the same question: how can a weapons charge stick when the gun was not mine?

What Is Constructive Possession in Tennessee?

Actual possession means the gun is on you. Constructive possession means you knew about the gun and had both the power and the intention to control it. Being near a gun is not enough by itself, and neither is knowing the person who has it.

Penalties are steepest when the law bars you from having a gun. Under Tennessee Code § 39-17-1307, the charge depends on your record:

• Prior Violent Felony: Class B felony, 8 to 30 years and up to $25,000 fine.
• Prior Drug Felony: Class C felony, 3 to 15 years and up to $10,000 fine.
• Any Other Felony, With a Handgun: Class E felony, 1 to 6 years and up to $3,000 fine.
• Unlawful Carrying, First Offense: Class C misdemeanor, up to 30 days in jail and a $500 fine, which is higher than the usual maximum fine of $50.

The sentence a judge gives depends on your history and the facts. Felony cases in Davidson County are decided in Criminal Court at the Justice A.A. Birch Building downtown.

Guns Found in Shared Cars and Homes in Nashville

Shared spaces lead to many of these arrests. For example, a borrowed car stopped on I-40 with three people inside and a pistol in the glove box may lead to officers charging the driver, a passenger, or everyone.

A gun under a seat raises the same problem. Homes work the same way. A firearm in a living room or shared closet does not belong to every roommate or relative by default. The state still has to tie the gun to you.

How Do Prosecutors Prove Control of a Firearm?

When no one was holding the gun, prosecutors look elsewhere. They often point to the following:

• Fingerprints or DNA on the gun
• Your name on the car title or lease
• Your mail, phone, or wallet next to the gun
• Statements you made to officers
• Photos or texts showing the gun

None of these facts proves the case alone. A jury has to believe beyond a reasonable doubt that you knew about the gun and meant to control it.

Defending Against Constructive Possession Charges in Davidson County

A defense looks for gaps in the state’s proof. Our team may argue that:

• You did not know the gun was there
• Another person owned and kept it
• Several people had equal access to the space
• Police had no legal reason to stop or search

Constructive possession cases come down to small details, so our Davidson County criminal defense lawyers do not push them toward a quick plea with a one-size-fits-all approach.

Need Help With a Gun Possession Charge in Nashville?

To have our Nashville criminal defense attorneys review the search and the evidence, schedule a consultation online or call May McKinney at 615-256-7337. Bring the arrest paperwork and the names of anyone else who used the car or the home.