How a Hate Crime Conviction Could Affect Gun Rights

 Posted on February 11, 2025 in Criminal Defense

According to the Tennessee government’s 2021 report on hate crimes in the state, almost 58 percent of these hate crimes were based on race, ethnicity, or ancestry bias. Of the 77 hate crimes in this category, 49 were committed against Black individuals. About 10 percent of the hate crimes were based on religious bias, and 23 percent were based on sexual orientation bias.

The remaining 9 percent of the hate crimes during that year were committed against those with physical and mental disabilities. The state of Tennessee’s current gun laws and hate crimes have some fairly significant gaps. The hate crime law in Tennessee is narrow, making it a felony known as "civil rights intimidation" to injure or threaten to injure another person with the intent to intimidate them in an unlawful manner from exercising their legal, constitutionally protected rights.

Hate motivation is a factor in criminal sentencing and may affect the maximum sentence imposed. If you have been charged with a criminal offense, including a hate crime, or have questions regarding your gun rights after serving a felony sentence, a Union County, TN criminal defense lawyer from Jeffrey Coller, Knoxville Criminal Defense Attorney can help. Our attorneys provide skilled representation and guidance to clients throughout East Tennessee.

Hate Crime Laws

The definition of a hate crime is a crime committed by a perpetrator who intentionally selected the property or person damaged or affected at least in part because of the perpetrator’s perception of the gender, ancestry, national origin, sexual orientation, disability, color, religion, or race of the person or owner of the property. When a person commits any of the following acts based on another person’s race, gender, or other characteristic, they may face charges for the committed act as well as a hate crime enhancement.

• Rape
• Arson
• Kidnapping
• Assault
• Murder
• Vandalism
• Battery
• Robbery

Hate crimes in the state are generally charged under federal laws. Federal penalties for a hate crime can include from up to ten years in prison to life in prison, depending on the underlying crime. If an individual is accused of kidnapping, murder, or sexual assault with a hate crime enhancement, the penalty could be death.

Federal Gun Rights vs. State Gun Rights Following a Felony or Misdemeanor Hate Crime

Tennessee law prohibits those convicted of specified violent felonies (aggravated assault or a felony involving the use of a deadly weapon) from owning a firearm. For other felonies, the state prohibits owning a handgun but not other firearms, including assault rifles. Federal law prohibits a person from owning a gun if the felony they were convicted of was punishable by more than one year in prison.

Hate crime offenders in the state are usually prohibited from owning guns under both state and federal law if convicted of specified felonies like aggravated assault, which includes a hate crime element. An individual in the state convicted of a violent hate-motivated misdemeanor will usually remain eligible to own a firearm under federal and state laws.

Defenses to Hate Crimes

While each case is unique, and the defense will be tailored specifically to the facts and circumstances surrounding the crime, the more common defenses against hate crimes include:

• Actual innocence (the defendant was misidentified or has an alibi)
• There is insufficient evidence to prove the charges.
• The defendant did not commit the underlying crime.
• The motivation for the crime had nothing to do with bias.
• The defendant’s constitutional rights were violated.
• The witnesses for the prosecution are not reliable.
• There are alternative explanations for the defendant’s behavior.

Contact a Knox County, TN Criminal Defense Lawyer

If you have been charged with a hate crime enhancement, you could be facing federal charges that have extremely harsh penalties. You need an experienced Anderson County, TN criminal defense attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney who can build a solid defense on your behalf. Call 865-281-1000 to schedule your free consultation.