A domestic assault arrest in Nashville puts your guns at risk before you see a judge. Bond conditions start the moment you are released, and a firearm surrender deadline may follow within days. Missing either one can add a new charge, which is why May McKinney, PLLC, urges anyone facing domestic violence charges to call our Nashville domestic assault defense attorneys before doing anything with a firearm.
If you are arrested for domestic assault, Tennessee generally holds you for 12 hours unless a magistrate decides you are not a threat. Your release then comes with conditions, which often include:
Break one, and the police can arrest you on the spot, and a judge can revoke your bond. A text that says “I’m sorry” counts as contact.
A temporary order can be issued without your presence, and a hearing usually follows within 15 days. If the judge grants a full order after that hearing, you have 48 hours to give every firearm to someone who can legally possess one. You must also file a sworn form with the court.
Missing the deadline is a Class A misdemeanor, and keeping a gun under an active order can be a federal crime. Under the federal Lautenberg Amendment, even a misdemeanor domestic violence conviction generally bans you from having firearms for life.
Yes, in most cases. The relative must be legally allowed to possess firearms and must not allow you to access them. A relative who lives in your home is a risky choice, because the guns would still be within your reach.
You can generally take them back once the order ends and no bond condition bans firearms. If police hold them as evidence, you may need to ask a judge in Davidson County’s Domestic Violence Court to release them.
Do not try to explain your side to Metro Nashville Police detectives, especially about a gun. The Davidson County District Attorney’s office can use anything you say. Use these hours to:
Do not move, sell, or hide a gun on your own. A transfer done the wrong way can look like you are trying to get around the order.
Call 615-256-7337 now if you are out on bond or were just served. May McKinney builds a defense meant to protect your future, including your right to own a firearm. Our Nashville domestic assault defense attorneys can review your paperwork before the deadline passes, or you can schedule a consultation online.