Disclaimer: The information contained herein is being presented to the HuronValleyGuns.com website users only as reference material to assist in the making of informed purchasing decisions; however, it is not intended to constitute legal advice nor counsel in determining compliance of the purchaser's Federal, State and Local gun laws, regulations and restrictions. HuronValleyGuns.com has used reasonable effort in providing this information, from sources deemed reliable, but does not warrant or guarantee the completeness, accuracy, adequacy or currency of the information contained herein, or linked to or from this website. The information provided here is presented as an overview to the myriad of laws, regulations and restrictions in selling to, and shipping into, the HuronValleyGuns.com customer's State, to be in compliance of that State's laws pertaining to restrictions of: firearms, dangerous weapons, ammunition, magazine round capacities, stun guns, Tasers, accessories, etc. Federal, State and Local gun laws are constantly changing, therefore, it is incumbent upon the purchaser to be thoroughly knowledgeable of the current status of Federal, State and Local gun laws governing their community, to assure that they are in compliance with those laws, regulations and restrictions.
|TENNESSEE GUN LAWS - OVERVIEW
39-17-1301, et seq.
Types of Illegal Firearms
Possession, sale, transfer, or manufacture of the below firearms is illegal:
Waiting Period Before Purchase
Who May Not Own Guns
Tennessee prohibits several different categories of individuals from owning or possessing pistols:
Laws Prohibiting Firearms On or Near School Grounds
Subject to some exceptions, it is unlawful to sell or transfer a handgun to any person who is intoxicated or who is prohibited from gun ownership under the law.
While a permit is not required to purchase a firearm, any person wanting to obtain a handgun must present the licensed dealer with current identification and other information, including make, model, caliber and manufacturer’s number of the firearm being transferred, so that the dealer can fill out the forms for a background check. The dealer shall complete a firearms transaction record and obtain the signature of the purchaser on the record. The dealer shall also obtain a thumbprint of the purchaser. The dealer shall request by telephone that the Tennessee Bureau of Investigation conduct a criminal history record check on the purchaser.
The dealer shall be notified by the Tennessee Bureau of Investigation if the purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number. The Tennessee Bureau of investigation may charge a fee of up to $10.00 for conducting the background check.
The background check does not apply to:
It is unlawful for any person to sell, loan or give a firearm to a minor. It is a defense to providing a firearm to a minor if the person providing the firearm is not a dealer and the firearm was loaned or given for the purposes of hunting, trapping, fishing, camping, sport shooting, or other lawful sporting activity.
|Stun Guns/Tasers Restrictions
State Statute or Definition: (39-11-106 Defined as dangerous weapon, but legal.)
There is no state permit requirement for the possession of rifles, shotguns, or handguns.
It is unlawful to possess a handgun for persons:
It is a defense for a juvenile possessing a handgun if the person is attending a hunter/firearms safety course; practicing or target shooting at an authorized, established range where the discharge of a firearm is not prohibited; participating in an organized competition or practicing for an firearms event; is accompanied by the minor’s parent or guardian and instructed in proper handgun use; on real property under control of an adult and has permission from the minor’s legal guardian; at the juvenile's residence and with the permission of the juvenile's parent or legal guardian, possesses a handgun and is justified in using physical force or deadly force; has a valid hunting or trapping license; or is traveling to or from a lawful activity with an unloaded1 handgun.
It is unlawful for a person to possess a handgun while under the influence of alcohol or any controlled substance regardless of whether he or she has a lawful permit to carry the handgun.
It is unlawful for any person to carry “with the intent to go armed” a firearm or a club. The burden is on the state to show an “intent to go armed.”
It is a defense to unlawful carrying if the possession or carrying was:
A person will not be charged or convicted if the person possessed, displayed, or employed a handgun in justifiable self-defense or defense of another during the commission of a crime in which that person or other person defended was a victim.
The Department of Safety shall issue a permit to carry a handgun for a period of 4 years to a person who pays a fee of $115.
A person wishing to carry a handgun shall apply to the Department of Safety at any location where the department conducts driver license examinations. The applicant must be a resident of Tennessee and reached 21 years of age. The sheriff may charge a fee not to exceed five dollars ($5.00) for taking the applicant’s fingerprints. The department is required to take fingerprints and a photograph of the applicant. The applicant shall submit proof of successful completion of a handgun safety course. The department shall notify the Sheriff of the applicant’s county of residence in order to conduct a background investigation. The department shall issue a license to a qualified applicant within 90 days of the date the Department receives the application.
An applicant shall provide their full legal name and aliases; addresses for five years; date of birth; Social Security Number; and physical description on the application. The application shall require the applicant to disclose and confirm, under oath, that the applicant:
The following shall not be grounds for a license denial: any expunged records; a conviction set aside; a conviction for which civil rights have been restored, unless the conviction was for burglary, any felony offense involving violence or use of a firearm or any felony drug conviction involving a Schedule I, II, III, IV or V controlled substance, or a felony drug conviction involving Schedule VI controlled substance which occurred within ten years of the date of the license application.
The renewal fee is $50. An additional handgun safety course is not required to renew a license. A permit holder has sixty days of any change of address to notify the department in writing of the permit holder’s new address.
A valid handgun permit or license issued in another state shall be valid in this state according to its terms if the person carries a handgun only and the person is in possession of the permit at all times while carrying the handgun.
The commissioner of safety shall enter into written reciprocity agreements and publish and make available the list of states honoring and not honoring Tennessee permits. If another state imposes conditions on Tennessee permit holders in a reciprocity agreement, such conditions shall also become a part of the agreement and apply to the other state's permit holders when they carry a handgun in this state.
If a person with a handgun permit from another state decides to become a resident of Tennessee, such person must obtain a Tennessee handgun permit within six months of establishing residency in Tennessee.
A person with a valid handgun permit may not carry into some locations. Restaurants serving alcohol may be entered only if the premises is not posted and the permittee is not consuming alcohol. A concealed handgun may not be carried:
This list is not all inclusive. For additional information you should consult other official sources such as the Tennessee Department of Safety and Homeland Security.
Firearm means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including handguns, long guns, and all other weapons which meet the definition except “Antique Firearms” as defined by Federal law.
A machine gun is defined as any firearm that is capable of shooting more than two (2) shots automatically without manual reloading, by a single function of the trigger.
It is unlawful for any person to intentionally or knowingly manufacture, transport, possess, sell or repair a machine gun. Defenses exempt the following:
|ANTIQUES, CURIOSITIES AND REPLICAS (C&R)
“Antique firearm” is defined as:
Generally, antique firearms are exempt from Tennessee's Code Annotated. However, antique firearms are not exempt from the provisions relating to carrying without a license or possession by prohibited persons.
It is an offense while committing or attempting to commit a crime of violence to possess or use restricted ammunition, defined as “any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead.” Restricted ammunition does not include shotgun shells or solid plastic bullets.
It is a felony for any person or corporation to manufacture, sell, offer to sell, display for sale or use in this state any ammunition cartridge, metallic or otherwise, containing a bullet with a hollow-nose cavity which is filled with an explosive material and designed to detonate upon impact.
It is unlawful to carry a firearm into a judicial proceeding.
It is unlawful to possess or carry any firearm, with the intent to go armed, onto any school or college facility or grounds (to include a bus), unless used for instructional or sanctioned ceremonial purposes. This prohibition does not apply to military, law enforcement, penal personnel, pupils who are members of Reserve Officers Training Corps, pupils enrolled in a course of instruction or members of a club or team required to carry guns, or campus police officers while in the performance of their official duties. It is an affirmative defense if carrying on school or college facilities was incident to lawful and authorized hunting, was of an unloaded hunting weapon while traveling to the hunting facilities, was while conducting or attending an approved gun show, or while entering the property for the sole purpose of delivering or picking up passengers. The same prohibitions and exceptions generally apply to carrying and possession in public parks, playgrounds, civic centers and other public recreational buildings and grounds.
It is unlawful for any person over the age of eighteen, including parent or guardian, to know that a minor or student is in illegal possession of a firearm in or upon the premises of a public or private school, school’s athletic stadium, or other facility or building where school sponsored athletic events are conducted, or public park, playground or civic center, and such person, parent or guardian fails to prevent such possession or fails to report it to the appropriate school or law enforcement officials.
It is unlawful to carry a weapon into a meeting where the owner has posted prominent signs at all entrances banning weapon possession.
It is a misdemeanor for any person hunting big game with a bow and arrow to be in possession of any firearms or be accompanied in hunting by any person possessing firearms during the archery-only deer season.
Local regulations of firearms and ammunition are preempted by state regulation for all local ordinances not lawfully enacted prior to April 8, 1986.
The lawful design, marketing, manufacture and sale of firearms do not constitute a nuisance and many such lawsuits against gun manufacturers, trade associations and dealers are reserved only to the state.
TENN. CODE ANN. §39-17-1314 (2011) - Local regulation of firearms and ammunition preempted by state regulation -- Actions against firearms or ammunition manufacturers, trade associations or dealers
(a) No city, county, or urban-county government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that the provisions of this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.
(b) The general assembly declares that the lawful design, marketing, manufacture and sale of firearms and ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se.
(c) (1) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association or dealer by or on behalf of any state entity, county, municipality or metropolitan government for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state.
(2) Nothing in this subsection (c) shall be construed to prohibit a county, municipality, or metropolitan government from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by such county, municipality, or metropolitan government.
(3) Nothing in this subsection (c) shall preclude an individual from bringing a cause of action for breach of a written contract, breach of an express warranty, or for injuries resulting from defects in the materials or workmanship in the manufacture of the firearm.
(d) The provisions of subsections (b) and (c) shall not apply in any litigation brought by an individual against a firearms or ammunition manufacturer, trade association or dealer.
TN Code Ann. §§ 39-17-1301, et seq.
1. A handgun is unloaded if there is not a cartridge in the chamber of the handgun; there is not a cartridge in the cylinder of the handgun if the handgun is a revolver, or the handgun and the ammunition for such handgun, are not carried on the minor, or are not in such close proximity that the minor could readily gain access to the handgun and ammunition and load the handgun. Otherwise, a firearm is unloaded if there is no ammunition in the chamber, clip or magazine, and no clip or magazine is in the immediate vicinity of the firearm.
|Last edited: 6/17/2016