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.

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

1. has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon;
2. has been convicted of a felony drug crime;
3. has been convicted of a misdemeanor crime of domestic violence;
4. is subject to an order of protection that complies with 18 U.S.C. § 922(g)(8); or
5. is prohibited from having a gun under any other state or federal law.¹

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

1. is under the influence of alcohol or another controlled substance;²
2. has been convicted of a felony;³ or
3. is under the age of 18.⁴

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

¹ TN ST § 39-17-1307(b), (f)
² TN ST § 39-17-1321(a)
³ TN ST § 39-17-1307(c)
⁴ TN ST § 39-17-1319(b), (a)(2)

Under Tennessee state law, if you have a protection order that was issued by a state civil court against the abuser and meets federal law requirements, the abuser cannot have a gun in his/her possession, or buy a new gun.¹

In order for your protection order to qualify under federal law, the abuser must:

• be served notice of the court hearing;
  
  • have an opportunity to attend the court hearing; Note: The abuser does not have to be at the hearing, but s/he has to have the opportunity to come to the hearing;
• be an “intimate partner” of the victim, which includes:
  
  • a current or former spouse;
  • a person with whom you share a child; or
  • a person you live with currently or have lived with in the past.²

If your protection order has expired, it is no longer a valid order under federal law, which means the firearm ban also does not apply.

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

¹ TN ST § 39-17-1316(a)(1)
² 18 USC § 921(a)(32)

Criminal 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 (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see, What will happen if the abuser tries to purchase a gun?

If you have a final protection order against the abuser, the judge can direct the abuser to get rid of all firearms in his/her possession within 48 hours of when the order is issued. The abuser can give them to a third party who is not prohibited from possessing firearms, sell them, or get rid of them in any other legal way. In addition, the order of protection will include language warning the abuser that s/he is prohibited from possessing firearms while the protection order is in effect.¹

If a police officer believes that a crime of domestic violence has taken place, the officer can take all weapons, including guns, that the 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.² The weapons will be returned to the abuser if the police find that no crime has been committed.

¹ TN ST § 36-3-625(a)(2), (b)(1)
² TN ST § 36-3-620(a)(1)

It is a Class A misdemeanor if someone carries a handgun in a place that is open to the public and one or more people are present. A Class A misdemeanor is punishable by up to 11 months and 29 days in jail, a fine up to $2,500, or both.¹ A person who carries a firearm commits a Class C misdemeanor, which is punishable by up to 30 days in jail, a fine up to $50, or both. A second or subsequent violation is a Class B misdemeanor, which is punishable by up to six months in jail, a fine up to $500, or both.² However, if the following three things are true, then these two acts described above are not illegal:

1. the person is:
   • at least 21 years old; or
   • the person is at between18 and 21 years of age and:
     • is honorably discharged or is a retired veteran of the United States armed forces;
     • is honorably discharged from the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, and has successfully completed a basic training program; or
     • is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve and has successfully completed a basic training program;
2. the person lawfully possesses the handgun; and
3. the person is in a place where the law allows him/her to be.³

A person is guilty of a Class A misdemeanor if s/he:

• has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921;
• is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or
• is prohibited from possessing a firearm under any other state or federal law.⁴

Someone who carries a firearm and has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon commits a Class B felony, which is punishable by between eight to 30 years in prison, a fine of up to $25,000, or both. Someone who carries a firearm and has been convicted of a felony drug offense commits a Class C felony, which is punishable by between three to 15 years in prison, a fine of up to $10,000, or both.⁵

A person who possesses a handgun and has been convicted of any felony is guilty of a Class E felony, which is punishable by one to six years in prison, a fine of up to $3,000, or both.⁶

A person who carries a firearm is guilty of a Class B misdemeanor, which is punishable by up to six months in jail, a fine up to $500, or both, if s/he:

• has been convicted of stalking;
• has been convicted of the driving under the influence two or more times within the past ten years or one time within the past five years;
• has been declared by a court to be a “mental defective” or was committed to or hospitalized in a mental institution by the court, or had a court-appointed conservator due to a mental defect; or
• is otherwise prohibited from possessing a firearm by 8 U.S.C. § 922(g).⁷

¹ TN ST §§ 39-17-1307(a); 40-35-111(e)(1)
² TN ST §§ 39-17-1307(a)(1); 40-35-111(e)(3)
³ TN ST § 39-17-1307(g)
⁴ TN ST § 39-17-1307(f)(1), (f)(4)
⁵ TN ST §§ 39-17-1307(b); 40-35-111(a)(2), (a)(3)
6 TN ST §§ 39-17-1307(c); 40-35-111
⁷ TN ST §§ 39-17-1307(h); 40-35-111(e)(3)

Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.

• You can contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111, ext. 2.
• You can contact a local domestic violence organization in your area. See our TN Places that Help page.

You can write to our Email Hotline.