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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James E. Wagner
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 […]
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 […]
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 […]
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 […]
Duties of the personal representative or executor of an estate (I’ll use ‘executor’ for both) include gathering, protecting and distributing assets that belonged to the deceased. In this part of the country, firearms are frequently part of the estate. After the firearms are safely unloaded and securely stored, it’s time to decide what you have. […]
In 2013, Tennessee enacted the so-called “guns in trunks law”, Tenn. Code §39-17-1313. This provided a defense to a criminal prosecution for a handgun carry permit holder, if parked on property where the owner prohibited firearm possession. However, the statute did not specifically prohibit an employer from firing an employee for violating a “no guns” […]
The National Firearms Act (NFA) regulates such items as machine guns, short-barrel rifles and shotguns and suppressors. Some persons choose to have a trust own the NFA-regulated item, rather than own them as an individual. A trust is a legal entity that is separate from the individuals, much like a corporation or LLC, to hold […]
In 1989, Tennessee substantially revised its criminal laws. The revisions changed everything from definitions used in the statutes to sentencing. One of the changes strengthened the law of self-defense and defense of others, when the use of force occurred in one’s home: Tenn. Code Ann. 39-11-611(a). Any person using force intended or likely to cause […]
So-called “stand your ground” laws have been in the news recently. A great deal of the commentary has lacked understanding, been misinformed or just plain wrong. Essentially, these laws provide that when a person is threatened with force, they have no duty to retreat before using force to defend themselves. If the threat involves the […]