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Firearm Charges in Domestic Violence Cases: What to Expect

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.

What Do Davidson County Domestic Violence Bond Conditions Include?

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:

  • No contact with the other person
  • Staying away from the shared home
  • No firearms or other weapons
  • No alcohol or drugs

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.

How Does the Tennessee Order of Protection Firearm Surrender Work?

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.

Can I Give My Guns to a Family Member if I Have an Order of Protection?

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.

How Do I Get My Guns Back After a Domestic Violence Charge Is Dismissed in Davidson County?

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.

What Should You Do in the First 48 Hours After Arrest?

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:

  • Read your bond paperwork closely
  • List every firearm you own and where it is
  • Save texts, call logs, and photos
  • Stay off social media

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.

Protect Your Bond and Your Gun Rights in Davidson County

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.