Know the Laws: Tennessee
UPDATED September 11, 2008
WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. Go to the TN Where to Find Help page to find help.
- Guns and Criminal Convictions
- If my abuser has been convicted of a domestic violence misdemeanor or felony, can s/he keep or buy a gun?
- What crimes are considered domestic violence misdemeanors?
- What is the definition of a felony?
- If a law enforcement officer or other government employee is convicted of a domestic violence misdemeanor or felony, can s/he have or buy a gun?
- How can I find out if my abuser has been convicted of a domestic violence misdemeanor or felony?
- Guns and Protection Orders
- Basic Info
- More Information and Where to Get Help
Guns and Criminal Convictions
back to topIf my abuser has been convicted of a domestic violence misdemeanor or felony, can s/he keep or buy a gun?
No. Under Federal and Tennessee state law, if your abuser has been convicted of a felony or a domestic violence misdemeanor, s/he cannot have or buy a gun. * If you're not sure if your abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?
In addition, if your abuser has been convicted of a crime of stalking, s/he cannot have or buy a gun, according to TN state law. Stalking is defined as repeated harassment of an individual that would cause a reasonable person to feel frightened, intimidated, threatened, harassed or terrorized, and actually does make the person feel that way.**
Note: If a police officer believes that a crime of domestic violence has taken place, the officer can take all weapons (including guns) that your abuser used or threatened to use against you. The officer may also take any weapons that are in plain view at the scene of the crime.*** The weapons will be returned to your abuser if the police find that no crime has been committed.
Also, if your abuser is sentenced to probation, a court can order that your aubser cannot have a gun as a condition of his/her probation.**** A court can also forbid your abuser to have a gun as a condition of release with bail, if your abuser is arrested for violating a protection order.*****
* 18 USC 922(g)(9); TCA 39-17-1350(a)
** TCA Sec. 39-17-315
*** TCA Sec. 36-3-620 (a)(1)
**** TCA Sec. 40-35-303(d)(6)
***** TCA Sec. 40-11-150
back to topWhat crimes are considered domestic violence misdemeanors?
A crime is considered a domestic violence misdemeanor under Federal law if it:
- Can be defined as a misdemeanor under federal or state law; and
- Involves physical violence or force, or includes threats made with a deadly weapon; and
- Was committed by:
- a current or former spouse;
- a parent or guardian of the victim;
- a person with whom the victim shares a child;
- a person living with the victim as a spouse, parent or guardian; OR
- a person who has a similar relationship (listed above) with a spouse, parent or guardian of the victim.*
For example: If Bob is convicted of a misdemeanor assault against his wife, he may no longer have or buy a gun.
If Bob is convicted of a misdemeanor assault against his neighbor, he may still be able to have or buy a gun.
If you're not sure if a certain crime counts as a domestic violence misdemeanor, you can contact the National Center on Full Faith and Credit at 1-800-903-0111.
* 18 USC 921 (a) (33) (A)
** United States v. Kavoukian, 315 F. 3d 139 (2d. Cir. 2002); United States v. Meade, 175 F.3d 215 (1st Cir. 1999).
*** United States v. Denis, 297 F.3d.25 (1st Cir. 2002.); United States v. Costigan, No. 009-B0H, 2000 U.S. Dist. (D. Me. June 16, 2000).
back to topWhat is the definition of a felony?
A felony under Federal law is a crime that is punishable by a prison sentence of more than one year.*
* 18 USC 227 (A)
back to topIf a law enforcement officer or other government employee is convicted of a domestic violence misdemeanor or felony, can s/he have or buy a gun?
No. Law enforcement officers and other government officials who have been convicted of a domestic violence misdemeanor or felony cannot have or buy guns for any purpose, including their official duties, according to federal law.*
* 18 USC 925 (a)(1); T.C.A. § 39-17-1350(a)
back to topHow can I find out if my abuser has been convicted of a domestic violence misdemeanor or felony?
Domestic violence misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where your abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.
Domestic violence misdemeanor and Felony records are also kept in the National Instant Criminal Background Check System (NCIS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NCIS. Your local police department may be willing to search NCIS for you if you ask, but they are not required to do so.
To read more about the NCIS, please see the question, What will happen if my abuser tries to purchase a gun?