Legal Information: Tennessee

State Gun Laws

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Updated: 
November 9, 2016

If the abuser has been convicted of a domestic violence misdemeanor or felony, can s/he keep or buy a gun?

No.  Under federal law and Tennessee state law, if the 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 the abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?


In addition, if the abuser has been convicted of the crime of stalking, s/he cannot have or buy a gun, according to Tennessee 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.*1


Note: 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.


Also, if someone is sentenced to probation, a court can order that s/he cannot have a gun as a condition of his/her probation.*3  A court can also forbid someone to have a gun as a condition of release with bail, if s/he abuser is arrested for violating a protection order or various other crimes.*4


* 18 USC § 922(g)(9); T.C.A. § 39-17-1350(a)

*1 T.C.A. § 39-17-315

*2 T.C.A. § 36-3-620 (a)(1)

*3 T.C.A. § 40-35-303(d)(6)

*4 T.C.A. § 40-11-150