State v. Charles Hubert Russell
Court: Tennessee Court of Criminal Appeals Docket: M2025-00261-CCA-R3-CD Filed: March 31, 2026 County: Coffee County Outcome: Felon-in-possession conviction affirmed; Second Amendment / Bruen challenge rejected
The Holding
A Coffee County felon-in-possession conviction was affirmed. The Court of Criminal Appeals rejected the defendant’s argument that Tenn. Code Ann. § 39-17-1307, as applied to drug-related felons, violates the Second Amendment under New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022).
Why It Matters
After Bruen, defense lawyers across the country have been challenging felon-in-possession statutes on Second Amendment grounds. Russell tells Tennessee defendants what to expect at the Court of Criminal Appeals level: as applied to drug-felons, Tenn. Code Ann. § 39-17-1307 is going to survive.
This doesn’t end the conversation. The argument is preserved for the Tennessee Supreme Court and ultimately the U.S. Supreme Court. But at the intermediate appellate level, the issue is settled for now. Defense counsel should preserve the issue (so that a higher court can take it up), but should not promise clients a win on Second Amendment grounds in front of the CCA.
If you face Tennessee felon-in-possession charges, the Second Amendment argument is worth preserving, but your defense should be built on other grounds — possession, knowledge, constructive possession, suppression of the firearm — not on a constitutional challenge that has already been rejected.
Statute / Rule References
Tenn. Code Ann. § 39-17-1307 (felon in possession of firearm); Second Amendment; New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022)
Read the Opinion
You can find the full opinion on the Tennessee Courts website. Search the Tennessee Court of Criminal Appeals 2026 opinions index by docket number M2025-00261-CCA-R3-CD.
Charged with a Tennessee Criminal Case?
I’m Nathan Cate. I defend criminal cases in Davidson, Williamson, Rutherford, Sumner, Wilson, and Maury Counties. If your case touches the issues above — or any other Tennessee criminal matter — call (615) 664-8083 for a free consultation. I’ll review the charging document, run the procedural posture, and tell you what your case actually looks like.
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This is a summary of a published opinion, not legal advice. Holdings cited may evolve as later cases distinguish or overrule them. If you have a pending case that touches one of these issues, contact N. Cate Law for case-specific guidance.
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