TENNESEE State Firearms Laws

TENNESSEE
(As of April, 1995)
 
PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms are regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances--Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402.
 

QUICK REFERENCE CHART
 
                         Rifles and
                         Shotguns       Handguns
Permit to Purchase       NO             NO*
Registration of Firearms NO             NO
Licensingof Owner        NO             NO
Permit to Carry          NO             YES
 *Waiting Period
 

STATE CONSTITUTIONAL PROVISION
 
 "That the citizens of this State have a right to keep and
to bear arms for their common defense; but the Legislature
shall have power, by law, to regulate the wearing of arms
with a view to prevent crime." Article 1, Section 26.
 

POSSESSION
 
     There is no state permit requirement for the possession
of rifles, shotguns, or handguns. 
     It is unlawful to possess a handgun for persons:
1. who have been convicted of a violent felony.
2. who have been convicted of a felony drug offense.
3. under 18 (see defenses under note.)
 
     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.
 

PURCHASE

     It is unlawful to sell or transfer a handgun to any
person:
1. who have been convicted of an offense punishable by
imprisonment for a term exceeding 1 year,
2. who are fugitives from justice.
3. of unsound mind.
4. under 18.
5. who are alcohol or drug addicts.
6. have been convicted of the illegal sale of alcoholic
beverages.
 
     Any person desiring to obtain a handgun shall certify
to the seller or transferrer that he is not a person
excluded from legally obtaining such firearm. The person
transferring the handgun shall file a copy of the
certificate with the county sheriff, and with the chief of
police if the transfer is within a municipality. The sheriff
may charge a reasonable fee, not to exceed $10.00 for the
investigation and other costs.
     The certificate shall have the applicant's name, right
thumb print, race, height, weight, age, color of eyes, color
of hair, sex, and the purpose for which the handgun is to be
used. The statute does not provide for a description of the
handgun, but in practice some law enforcement agencies
request it. The certificate must be sent by registered mail
with return receipt requested unless the police personally
acknowledge receipt of such notice. If, after fifteen days
from the time of the receipt of such notice, the police make
no objection tending to show that such proposed receiver of
the handgun is in fact prohibited by law from legally
obtaining a handgun, the transfer shall be completed.
     The fifteen-day waiting period does not apply to:
1. Transactions between licensed manufacturers, importers,
dealers, or collectors who certify prior to transfer the
legal and licensed status of both parties.
2. Transactions between licensed manufacturers, importers,
dealers, and a law enforcement agency or the agency's
personnel. The burden falls upon the transferrer to
determine the legality of the transaction in progress. 

     A person eligible to purchase a handgun may make an
occasional sale of a used or secondhand handgun without
being licensed to do business as such. The same procedure
must be followed, including filing the certificate and
waiting fifteen days.
 
NOTE: It is unlawful for any person to sell, loan or give a
firearm to a minor. It is a defense if such firearm was
loaned or given for the purposes of hunting, trapping,
fishing, camping, sport shooting or other lawful sporting
activity accompanied by minor's parent or guardian and is
being instructed by such adult or guardian, on real property
under control of an adult and has permission from the
minor's legal guardian, traveling to or from a lawful
activity with an unloaded* gun.

* A handgun is unloaded if there is not a cartridge in the
chamber ofthe 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 in the immediate vicinity
of the firearm.
 

CARRYING
 
     It is unlawful for any person to carry "with intent to
go armed" a firearm, knife with a blade length exceeding
four inches, or a club. The burden is on the state to show
an "intent to go armed."
     It is a defense to unlawfully carry if the possession
or carrying was:

1. of an unloaded rifle, shotgun or handgun not concealed on
or about the person and the ammunition for the weapon was
not in the immediate vicinity of the person or weapon;
2. by a person authorized by written directive and permit to
carry handguns;
3. at the person's place of residence, place of business or
premises;
4. incident to lawful hunting, trapping, fishing camping,
sport shooting or other lawful activity;
5. by a person possessing a rifle or shotgun while engaged
in the lawful protection of livestock from predatory
animals;
6. by a Tennessee Valley Authority officer who holds a valid
commission from the Commissioner of Safety while such
officer is in the performance of the officer's official
duties;
7. by a state, county or municipal judge or any federal
judge or magistrate.
 
     A person shall 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 sheriff or chief of police of a metropolitan
government may issue a permit to carry a handgun for a
period of 2 years to a person who pays a fee sufficient to
cover expenses and has in effect a liabllity policy or bond
of not less than $50,000. A person wishing to carry a
handgun shall apply to the sheriff of the county of such
person's principal place of residence. The sheriff shall
issue a permit and a written directive to persons not
prohibited from purchasing firearms who have completed a
firearm training program, authorizing the person to carry a
handgun. The sheriff may, for good cause and in the
reasonable exercise of discretion, deny a permit. If a
permit is denied or revoked, the person may file a writ of
mandamus, as provided by law.
     Prior to the issuance of the written directive and
handgun permit, the sheriff shall conduct a background
investigation and shall issue the directive and permit only
if satisfied with the results of the investigation.
 

ANTIQUES & REPLICAS
 
     The provisions on carrying handguns apply to antiques
and replicas. The 1990 Amendment omitted definition of
antique firearms.
 

MACHINE GUNS
 
     A machine gun is defined as "any firearm that is
capable of shooting more than two shots automatically
without manual reloading, by a single function of the
trigger."
     It is unlawful for any person to manufacture, import,
purchase, possess, sell or dispose of a machine gun.
Defenses exempt the following:
1. activity reasonably related to lawful dramatic
performance or scientific research;
2. display in a public museum or exhibition;
3. when licensed by the State of Tennessee as a
manufacturer, importer or dealer in weapons;
4. acquisition or possession by a person validly registered
under the national firearms registration and transfer
records.
 

MISCELLANEOUS
 
     It is an offense 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 metals other than lead."
Restricted ammunition does not include shotgun shells or
solid plastic bullets. It is unlawful to possess a firearm
on the premises of a public place where alcoholic
beveragesare served or sold. This prohibition does not apply
to a person's own (or controlled) premises or to their
employees or agents responsible for protecting persons or
property.
     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
(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, 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 on public parks,
playgrounds, civic centers and other public recreational
buildings and grounds.
     Local regulations of firearms and ammunition are
preempted by state regulation for all local ordinances not
lawfully enacted prior to April 8, 1 986.
 

SOURCES: Tennessee Code Sec. 39-17-1301 to 39-17-1318
 
CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.
 
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax,Virginia 22030
 
1995, NRA Institute for Legislative Action