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EspañolIf the abuser was convicted of a crime, can s/he have or buy a gun?
Tennessee state law says that a person cannot have or buy any type of gun if s/he was convicted of any of the following crimes:
- a felony involving the use or attempted use of force, violence, or a deadly weapon;
- a felony drug crime; or
- a misdemeanor crime of domestic violence.1
Tennessee law also says that anyone who has been convicted of any felony is prohibited from having a handgun.2
Certain juvenile delinquency offenses can also affect the right to have a gun. Someone who 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 cannot have a gun:
- 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.3
Also, if someone is sentenced to probation, the judge can order that s/he cannot have a gun as a condition of probation.4 A court can also forbid someone to have a gun as a condition of release with bail, if the abuser is arrested for violating a protection order or various other crimes.5
Note: If a police officer believes that the abuser committed a domestic violence crime against you, the officer must immediately take away any guns or weapons the abuser used or threatened to use against you. In addition, if someone is arrested for a crime involving domestic abuse, the police can take guns or other weapons that are in plain view at the scene of the crime.6
The guns or other weapons will be returned to the abuser if the police find that no crime has been committed.7
1 Tenn. Code § 39-17-1307(b), (f)
2 Tenn. Code § 39-17-1307(c)
3 Tenn. Code § 39-17-1307(j)
4 Tenn. Code § 40-35-303(d)(6)
5 Tenn. Code § 40-11-150(b)(4)
6 Tenn. Code § 36-3-620(a)
7 See Tenn. Code § 36-3-620(b)
How can I find out if the abuser has been convicted of a crime?
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?
