I am a victim of domestic violence and the abuser has a gun. Is that legal?
Tennessee state law says that a person cannot have or buy any type of gun if s/he:
- was declared by a court to be a “mental defective;”
- was committed to or hospitalized in a mental institution by the court;1
- 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
- was convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon;
- was convicted of a felony drug crime;
- was convicted of a misdemeanor crime of domestic violence;
- has an order of protection against him/her that meets the requirements under federal law; or
- 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:
- is under the influence of alcohol or drugs (controlled substance);4
- has been convicted of a felony;5 or
- 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)