State Laws for Private Sales
Despite the state's reputation for relaxed gun regulations, it's essential to understand the age requirements for purchasing firearms, the lack of permit or registration requirements for ownership, and the rules surrounding private transactions and transfers. Be aware that unlawful sales and transfers can lead to severe penalties, including felony charges. This section aims to guide you through the intricacies of Tennessee's firearm regulations for private sales, ensuring you stay informed and compliant.
- Age Requirements for Purchasing Firearms
In Tennessee, the legal age to purchase rifles, shotguns, and ammunition is 18 years old, while for handguns, the buyer must be at least 21 years old.
- No Permit or Registration Required for Ownership
Owning a firearm in Tennessee does not require any permits or registration.
- Private Transactions and Transfers
Private sales or transfers between individuals not engaged in the business of dealing firearms do not require a criminal background check in Tennessee. Additionally, the state has no specific provisions of law governing private transactions or transfers between two individuals who are not federal firearms licensed dealers.
- Background Checks for Handgun Purchases from Licensed Dealers
A background check is required when purchasing a handgun from a licensed dealer, but not for occasional private sales of used or secondhand firearms between individuals.
- Background Check Exemptions
Firearms transactions between licensed manufacturers, importers, dealers, or collectors who certify prior to transfer the legal and licensed status of both parties are exempt from background checks.
- Restrictions on Selling or Transferring Handguns
It is unlawful to sell or transfer a handgun to any person who is intoxicated or who is prohibited from gun ownership under the law, subject to some exceptions.
- Prohibited Possessors
There is no state permit requirement for possessing rifles, shotguns, or handguns. However, it is unlawful for certain individuals, such as felons or those convicted of domestic violence, to possess a handgun.
- Penalties for Unlawful Sales and Transfers
There are penalties for buyers and sellers if the firearm was sold to an ineligible person, selling a defaced firearm, or selling a restricted firearm (explosive weapon, machine gun), which can result in different criminal charges including up to a felony criminal charge.
- Carrying Firearms with Intent to Go Armed
Carrying a firearm or a club "with the intent to go armed" is unlawful, but there are several exceptions, such as carrying an unloaded firearm not concealed on or about the person or carrying at the person's place of residence, place of business, or premises.
- Handgun Permit Process and Fees
A permit to carry a handgun can be obtained from the Department of Safety for a fee of $115, subject to certain requirements and restrictions.
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Federal Laws
Federal laws encompass various aspects related to the acquisition and possession of firearms in the United States.
- Key elements include federal disqualification categories
- Individuals must complete a Firearms Transaction Form (ATF form 4473) when purchasing a firearm from a licensed dealer.
- The National Instant Criminal Background Check System (NICS) is used to perform background checks on potential firearm buyers to ensure they meet eligibility requirements.
Federal Disqualification Categories
Federal disqualification categories include conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year, warrant (felony or out-of-state misdemeanor), felony pre-trial release, misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment, unlawful use or addicted to a controlled substance (including marijuana), dishonorable discharge from the armed forces, renounced U.S. citizenship, and illegal alien.
Firearms Transaction Form (ATF form 4473)
Anyone purchasing a firearm from a licensed firearms dealer must complete a firearms transaction form (ATF form 4473).
National Instant Criminal Background Check System
To purchase a firearm from a licensed dealer, the buyer must undergo a National Instant Criminal Background Check System (NICS) check.
Restricted and Exempt Firearms
In Tennessee, firearm laws encompass two primary categories:
- Restricted firearms
- Exempt firearms
Restricted firearms, such as machine guns, are generally illegal to possess or sell, with exceptions for law enforcement or military purposes.
Conversely, antique firearms, as defined by federal law, are exempt from Tennessee's gun regulations, allowing for their possession without violating state laws.
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Reciprocity and Relocating to Tennessee
Tennessee allows for reciprocity agreements with other states to recognize handgun permits, subject to specific conditions set by the commissioner of safety. When relocating to Tennessee, individuals with handgun permits from their previous state must acquire a Tennessee handgun permit within six months of establishing residency in the state.
Prohibited Locations for Carrying Firearms
Tennessee enforces strict regulations on carrying firearms in certain locations. Concealed handguns are not allowed in areas of public parks used by schools, on school property, during judicial proceedings, or within federal buildings and military institutions. Exceptions are made for law enforcement officers and individuals with permits specifically for dropping off or picking up students.
Top Strategies for Selling Your Firearm and Maximizing Value
Successfully selling your firearm involves ensuring it's in excellent working condition, clean, and well-maintained. Provide a detailed and accurate description of the gun, including its make, model, caliber, and included accessories. Create a comprehensive bill of sale and gather any relevant documentation, such as receipts and warranty information. Lastly, follow all federal, state, and local laws and regulations to complete the sale and legally transfer ownership.
Proper Cleaning and Maintenance
Before selling your firearm, make sure it's in optimal working condition and thoroughly cleaned. A well-maintained gun can fetch a higher price during the sale.
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Detailed and Accurate Description
When preparing your firearm for a private gun sale, it's crucial to provide a detailed and accurate description, including information about the make, model, caliber, and accompanying accessories. This ensures a smooth transaction with the buyer.
Assemble Necessary Documentation
Create a comprehensive bill of sale that protects both parties in case of disputes, including details like sale date, gun buyer and seller information, and firearm specifics (such as make, model, and serial number). Include any relevant paperwork, like purchase receipts and warranty information.
Legally Completing the Sale and Transferring Ownership
After finding a legal gun buyer, complete the sale and transfer firearm ownership while complying with all federal, state, and local laws and regulations. This includes conducting background checks and obtaining any required permits or licenses.
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