Criminal Law
Being charged with a crime can be an extremely stressful and life-changing event. In today’s complex legal environment, it is easy to run afoul of federal or state criminal statutes. Whether a misdemeanor or a felony, there is a lot at stake when charged with a crime. We provide an aggressive defense that seeks to protect our clients’ futures.
Our attorneys will explain the charge, the proceedings, defenses and possible consequences. We stand with you to protect your rights and your freedom by being experienced and prepared to defend your case at trial.
Our attorneys also provide representation in cases involving administrative regulations or local ordinances. These can involve fines and loss of licenses. Our attorneys are prepared to help our clients to prevail at administrative hearings or in court.
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EXPERIENCED ATTORNEYS
James E. Wagner
Attorney
Related Blogs
If I Can’t Buy a Gun, Can I Legally Possess One?
From time to time, the question comes up, can a person who cannot pass a background check to purchase a firearm, legally possess the firearms he already owns? The answer lies in the federal legislation that regulates firearm purchases and possession, chiefly 18 U.S. Code § 922, part of the Gun Control Act of 1968. […]
Recent Changes to Laws on Firearm Possession and Local Governments
New legislation affects local governments wanting to prohibit handgun permit holders from possessing handguns on property owned or controlled by local governments. Public Chapter 0467 is the result of House Bill 508 and Senate Bill 445. Note that it does not apply to property owned by the state. The new legislation is aimed at local […]
Potential Legal Traps for Executors Distributing Firearms from an Estate
In Tennessee, like most states, estates frequently include the decedent’s firearms. There are legal concerns for the executor1 concerning distributing the firearms to beneficiaries or heirs of an estate. These can involve a beneficiary who is disqualified from possessing a firearm, or too young to take possession. There may even be concerns about the legality […]
Recent Changes in National Firearms Act Regulations
The federal National Firearms Act (NFA) regulates such items as machine guns, short-barrel rifles and shotguns and suppressors. New regulations, effective July 13, 2016 affect so-called gun trusts and possession of items by the executor of the estate of the owner. For several reasons, gun trusts have become extremely popular in recent years. See Firearm […]
Supreme Court Rules Second Amendment Protects Stun Guns
The U.S. Supreme Court has issued an opinion applying the Second Amendment right to keep and bear arms to stun guns. The case is Caetano v. Massachusetts. It involved a woman who was carrying a stun gun as protection against a former boyfriend. On one occasion, she had to display and threaten to use the […]
Firearm Transfers Between Residents of Different States
It comes as a surprise to many that federal law strictly regulates transfers of firearms between residents of different states. This is not something new. It is part of the Gun Control Act of 1968, 18 U.S. Code §922. In particular, under 18 U.S. Code §922(a)(3), it is illegal for a person who does not […]
Guns in Parks
Possession of weapons in parks is governed by Tenn. Code 39-17-1311. Generally, it is an offense for a person to carry certain weapons in or on the grounds of any public park owned by the state, counties, cities or towns. There are exceptions for law enforcement officers, security guards and others. This article concerns the […]
RESTORATION OF FIREARM RIGHTS AFTER JUDICIAL COMMITMENT
A person who has been “adjudicated as a mental defective” or who has been committed to a mental institution may not lawfully possess firearms or ammunition under federal and Tennessee law. 18 U.S. Code §922 and Tenn. Code. Ann. §39-17-(f)(1)(C). There is a procedure in the U.S. Code for relief of the disabilities under federal […]
Riding Around with Guns in Cars
Perhaps the biggest, and least noticed, change in Tennessee firearms law is Tenn. Code §39-17-1307(e). This provision allows anyone who can legally possess a “firearm” (handgun, rifle or shotgun) to possess or carry a firearm and ammunition in a motor vehicle of which they lawfully possess. (An armed car thief gets no benefit from this […]