Tennessee State Gun Laws

In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.” The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself. Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well. You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws. Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws. If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state, which is the federal prosecutor. For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

A crime of violence is defined as any of the following crimes:

• any degree of murder;
• voluntary manslaughter;
• rape or aggravated rape;
• rape of a child or aggravated rape of a child;
• aggravated sexual battery;
• aggravated or especially aggravated robbery;
• burglary, aggravated burglary, or especially aggravated burglary;
• aggravated assault;
• kidnapping, aggravated kidnapping, or especially aggravated kidnapping;
• carjacking;
• trafficking for commercial sex act;
• especially aggravated sexual exploitation;
• felony child abuse; or
• aggravated child abuse.¹

¹ Tenn. Code § 39-17-1301(3)

Tennessee state law says that a person cannot have or buy any type of gun if s/he:

1. was declared by a court to be a “mental defective;”
2. was committed to or hospitalized in a mental institution by the court;¹
3. is under 25 years of age and was determined to be a “delinquent” by a judge on or after July 1, 2024 for something that would have been one or more of the following crimes if s/he were an adult:
   • aggravated assault;
   • aggravated assault against a first responder or nurse;
   • a violation of part 2, part 4, or part 10 of chapter 13 of the law;
   • aggravated cruelty to animals;
   • a threat of mass violence; or
   • a violation of chapter 17 of the law involving the use or display of a firearm;²
4. was convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon;
5. was convicted of a felony drug crime;
6. was convicted of a misdemeanor crime of domestic violence;
7. has an order of protection  against him/her that meets the requirements under federal law; or
8. is prohibited from having a gun under any other state or federal law.³

Additionally, Tennessee prohibits use or possession of a handgun by anyone who:

1. is under the influence of alcohol or drugs (controlled substance);⁴
2. has been convicted of a felony;⁵ or
3. is under the age of 18.⁶

Federal laws, which apply to all states, may also restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

¹ Tenn. Code § 39-17-1307(i)
² Tenn. Code § 39-17-1307(j)
³ Tenn. Code § 39-17-1307(b), (f)
⁴ Tenn. Code § 39-17-1321(a)
⁵ Tenn. Code § 39-17-1307(c)
⁶ Tenn. Code § 39-17-1319(a)(2), (b)