(3) That the minor was in the presence of a The affirmative defenses contained in chapter vice, appliance, contrivance, material

, piece of
licensed or accredited gun safety instructor; or 23-7 do not apply to a prosecution under this apparatus or equipment, which is identified by a
(4) That the pistol was being used for farming, section. A violation of this section is a Class 5 serial number placed thereon by the manufac-
ranching, hunting, trapping, target shooting, or felony. turer, the original serial number of which has
gun safety instruction. been destroyed, removed, altered, covered, or
23-7-46. Prohibited transfer of firearms and Title 37. Trade Regulation defaced, is guilty of a Class 2 misdemeanor if
ammunition to juveniles - Felony. No person the value of the property is two hundred dollars
may sell, transfer, give, loan, furnish, or deliver a Chapter 17. Sale Of Serially Numbered or less. If the value of the property is more than
firearm or firearm ammunition to any person Appliances And Equipment two hundred dollars, such person is guilty of a
under the age of eighteen years if such person Class 4 felony.
knows or reasonably believes that the minor
recipient of the transfer intended, at the time of 37-17-1. Sale after removal or alteration of [Current through 2000 Regular Session]
transfer, to use the firearm or ammunition in the serial number as misdemeanor or felony. Any
commission or attempted commission of a crime person who knowingly sells or offers for sale any
of violence as defined in subdivision 22-1-2 (9). … firearm … or any mechanical or electrical de-

TENNESSEE
TENN. CODE

Title 39. Criminal Offenses (12) "Shotgun" means any firearm designed, or firearm silencer which is validly registered to
made or adapted to be fired from the shoulder the person under federal law in the National
Chapter 17. Offenses Against Public Health, and to use the energy of the explosive in a fixed Firearms Registration and Transfer Records. A
Safety and Welfare shotgun shell to fire through a smooth-bore person who acquires or possesses a firearm
barrel either a number of ball shot or a single registered as required by this subdivision shall
Part 13. Weapons projectile by a single function of the trigger; … retain proof of registration.
(14) "Unloaded" means the rifle, shotgun or (c) It is an affirmative defense to prosecution
39-17-1301. Definitions. As used in this part, handgun does not have ammunition in the under this section which the person must prove
unless the context otherwise requires: chamber, cylinder, clip or magazine, and no clip by a preponderance of the evidence that:
(1) "Club" means any instrument that is or magazine is in the immediate vicinity of the (1) The person's conduct was relative to
specially designed, made or adapted for the pur- weapon. dealing with the weapon solely as a curio,
pose of inflicting serious bodily injury or death by 39-17-1302. Prohibited weapons. ornament or keepsake, and if the weapon is a
striking a person with the instrument; (a) A person commits an offense who inten- type described in subdivisions (a)(1)-(5), that it
(2) "Crime of violence" includes any degree of tionally or knowingly possesses, manufactures, was in a nonfunctioning condition and could not
murder, voluntary manslaughter, aggravated transports, repairs or sells: readily be made operable; or
rape, rape, especially aggravated robbery, ag- (1) An explosive or an explosive weapon; (2) The possession was brief and occurred as
gravated robbery, burglary, aggravated assault (2) A device principally designed, made or a consequence of having found the weapon or
or aggravated kidnapping; adapted for delivering or shooting an explosive taken it from an aggressor.
(3) "Explosive weapon" means any explo- weapon; (d) (1) An offense under subdivisions (a)(1)-
sive, incendiary or poisonous gas: (3) A machine gun; (5) is a Class E felony.
(A) Bomb; (4) A short-barrel rifle or shotgun; (2) An offense under subdivision (a)(6) or (7)
(B) Grenade; (5) A firearm silencer; is a Class A misdemeanor.
(C) Rocket; (6) A switchblade knife or knuckles; or 39-17-1303. Unlawful sale, loan or gift of
(D) Mine; or (7) Any other implement for infliction of seri- firearm.
(E) Shell, missile or projectile that is designed, ous bodily injury or death which has no common (a) A person commits an offense who:
made or adapted for the purpose of inflicting lawful purpose. (1) Intentionally, knowingly or recklessly sells,
serious bodily injury, death or substantial prop- (b) It is a defense to prosecution under this loans or makes a gift of a firearm or switchblade
erty damage; section that the person's conduct: knife to a minor;
(4) "Firearm silencer" means any device (1) Was incident to the performance of official (2) Intentionally, knowingly or recklessly sells
designed, made or adapted to muffle the report duty and pursuant to military regulations in the a firearm or ammunition for a firearm to a person
of a firearm; army, navy, air force, coast guard or marine who is intoxicated; or
(5) "Immediate vicinity" refers to the area service of the United States or the Tennessee (3) Intentionally, knowingly, recklessly or with
within the person's immediate control within national guard, or was incident to the perform- criminal negligence violates the provisions of §
which the person has ready access to the ance of official duty in a governmental law 39-17-1316.
ammunition; … enforcement agency or a penal institution; (b) It is a defense to prosecution under sub-
(8) "Machine gun" means any firearm that is (2) Was incident to engaging in a lawful com- division (a)(1) that:
capable of shooting more than two (2) shots mercial or business transaction with an organiz- (1) A firearm was loaned or given to a minor
automatically, without manual reloading, by a ation identified in subdivision (b)(1); for the purposes of hunting, trapping, fishing,
single function of the trigger; (3) Was incident to using an explosive or an camping, sport shooting or any other lawful
(9) "Restricted firearm ammunition" means explosive weapon in a manner reasonably re- sporting activity; and
any cartridge containing a bullet coated with a lated to a lawful industrial or commercial enter- (2) The person is not required to obtain a
plastic substance with other than a lead or lead prise; license under § 39-17-1316.
alloy core or a jacketed bullet with other than a (4) Was incident to using the weapon in a (c) For purposes of this section, "intoxicated"
lead or lead alloy core or a cartridge of which the manner reasonably related to a lawful dramatic means substantial impairment of mental or phys-
bullet itself is wholly composed of a metal or performance or scientific research; ical capacity resulting from introduction of any
metal alloy other than lead. "Restricted firearm (5) Was incident to displaying the weapon in a substance into the body.
ammunition" does not include shotgun shells or public museum or exhibition; (d) An offense under this section is a Class A
solid plastic bullets; (6) Was licensed by the state of Tennessee misdemeanor.
(10) "Rifle" means any firearm designed, as a manufacturer, importer or dealer in wea- 39-17-1304. Restrictions on firearm ammu-
made or adapted to be fired from the shoulder pons; provided, that the manufacture, import, nition.
and to use the energy of the explosive in a fixed purchase, possession, sale or disposition of (a) It is an offense for any person to possess,
metallic cartridge to fire a projectile through a weapons is authorized and incident to carrying use or attempt to use restricted firearm ammuni-
rifled bore by a single function of the trigger; on the business for which licensed and is for tion while committing or attempting to commit a
(11) "Short barrel" means a barrel length of scientific or research purposes or sale or dispo- crime of violence. A violation of this section
less than sixteen inches (16") for a rifle and sition to the organization designated in subdivi- constitutes a separate and distinct felony.
eighteen inches (18") for a shotgun, or an overall sion (b)(1); or (b) It is an offense for any person or corpora-
firearm length of less than twenty-six inches (7) Involved acquisition or possession of a tion to manufacture, sell, offer for sale, display
(26"); sawed-off shotgun, sawed-off rifle, machine gun for sale or use in this state any ammunition cart-

ATF P 5300.3 (2000 – 22nd ed.) page 291

sport shooting or other lawful activity. Defenses to unlawful posses. city with a blade length exceeding four inches (4"). slingshot. whether openly or concealed. It is an affirm- an offense. at least six inches premises of a public or private school. school. tification. the intent to go armed. or town. possesses any deadly weapon with intent to ice pick. owned. used or operated by any season on lands owned by any public or private 17-1307 if the possession or carrying was: board of education. sioned law enforcement officer who holds a valid (e) The provisions of subsections (b) and (c) (c)(1) A violation of subsection (a) by posses. carry or possess a weapon in such other state. The defense provided by carry arms or weapons. and who are required to carry arms or (b) (1) A person commits an offense who pos. containing a bullet defense which is valid and issued by a certified CARRYING WEAPONS ON SCHOOL with a hollow-nose cavity which is filled with an person authorized to give training in the use of PROPERTY. shotgun or handgun board of trustees. in any the educational institution are posted prohibiting (B) Place of business. IMUM PENALTY OF SIX (6) YEARS IMPRIS. explosive. public or private educational institution for the carry a firearm pursuant to § 39-17-1315 or § (c)(1) It is an offense for any person to pos. utilize or allow to be who holds a valid commission from the commis. commis. sess or carry. adult.000) FOR guardian fails to prevent such possession or fails training in the use of a club/baton for self- page 292 . (2) A person possessing unloaded hunting immediate vicinity of the person or weapon. purpose of gaining access to public or private 39-17-1351. (C) Premises. ance of its duties. administrator of the educational institution. locations" about a school includes. officer is in the performance of the officer's operated by the adult and is not handled by such 39-17-1312. other property owned. with meets the requirements of title 62. full-time. building where school sponsored athletic events clubs/batons. Class E felony. (1) Persons employed in the army. air force. (d) (1) Each chief administrator of a public or legal guardian. while such vehicle is on school property. "prominent upon impact. whether openly or concealed. college or university educational institution and designated as open (1) Of an unloaded rifle. tees. trapping. or preparation of food. ation area. official duties.5 (2000 – 22 ed. and offense. any firearm. and such program has been approved by the (5) By a person possessing a rifle or shotgun tion. (10) By any out-of-state. in any public or private school building or strict compliance with the requirements of one 39-17-1308. and is not prohibited from pur. state that allows a full-time. in or on the use of club/baton which is valid and issued (6") high and fourteen inches (14") wide. years of age or older. weapon of like kind. used or operated by any board of educa. coast guard or marine service of the (2) A violation of subsection (a) by use or at. (1) of the following classifications: sion or carrying of a weapon. a knife enforcement officer in Tennessee to lawfully (4) Officers of the state. (3) A person possessing guns or knives when (4) Incident to lawful hunting. knowing a minor or student any federal judge or magistrate. grounds. bowie knife. 39-17-1310. (2) A violation of this subsection is a Class E weapons while transversing the grounds of any (2) By a person authorized to possess or felony. athletic field or any (1) A person hunting during the lawful hunting (a) It is a defense to the application of § 39. sion card and photo identification are retained. (b)(1) It is an offense for any person to pos. switch. (8) By a person possessing a club/baton who (2) A violation of this subsection is a Class B (a) It is an offense if a person eighteen (18) holds a valid state security officer/guard registra. private institution of higher education in the (B) Has been convicted of a felony drug nance. Carrying weapons on school reserve officers training corps or pupils enrolled gun occurred at a place open to the public property. STATE LAW PRESCRIBES A MAX. ammunition for the weapon was not in the institution. school. (2) As used in this subsection. provided. navy. and who is discharging such officer's official (c) (1) A person commits an offense who explosive weapon. in illegal possession of a firearm in or upon the certification that such officer has had training in tions about the school a sign. regents or directors for the administration (4) A person entering the property for the sole tock from predatory animals. discharge of their duties. any lands open to hunting with the intent to hunt on (3) At the person's: firearm. dagger. commission card from the appropriate out-of. except it is a Class A 1307(b)(1). regents or directors for the ad. Affirmative defense to carrying employ it in the commission of or escape from blade knife. It purpose of delivering or picking up passengers (6) By a Tennessee valley authority officer is not an offense under this subsection for a and who does not remove. county or municipal judge or expressed or implied consent of such adult. and cafeterias. including a parent or other tion card as a private security officer/guard. when in the discharge of their (2) An offense under subdivision (a)(1) is a not available to persons described in § 39-17. this subpart shall only be applicable if the state (2) Civil officers of the United States in the 39-17-1307. on any public or private school campus. knuckles or any other weapons on school property. college or university board of trus. explosive material and designed to detonate clubs/batons. felony. to hunting by the administrator of the educa- not concealed on or about the person and the ministration of any public or private educational tional institution. school-sanctioned ceremonial purposes. state or fed. or of any county. including parents (7) By a state. public or private school campus. except unal. (A) Has been convicted of a felony involving sharp pointed or edged instrument. knows that a minor or student is issued by the commissioner. are conducted. nonstudent adult to possess a firearm.) ridge. or public park. (5) Any pupils who are members of the misdemeanor if the person's carrying of a hand. kind" includes razors and razor blades. charged with the enforcement of the or a club. recre. not used solely for instruc. stadiums military unit or personnel for use in the perform. instruction and mainte. and any team duties. (b) The defenses described in this section are laws of the state. misdemeanor. or while engaged in the lawful protection of lives. on any such entry. in a course of instruction or members of a club where one (1) or more persons were present. (6) Any private police employed by the admin- the use or attempted use of force. Unlawful carrying or possession where the out-of-state officer is employed has discharge of their official duties. if such removed or utilized any weapon from the sioner of safety pursuant to this part while such firearm is contained within a private vehicle vehicle. nd ATF P 5300. do not apply to the following persons: sion of restricted firearm ammunition is a Class state law enforcement agency and a photo iden. or guardians. commissioned law national guard when called into actual service. chapter 35. except weapons in the discharge of their official class or sesses a handgun and: those used solely for personal shaving. bus. fishing. firearms in this state and the provisions of this duties and acting under orders requiring them to (3) A violation of subsection (b) is a Class E section shall not apply. grounds. of a weapon. poses. duties. or limited to. leaded cane. illegally possessing a firearm. sports arenas. playground or (9) By any person possessing a club/baton ONMENT AND A FINE NOT TO EXCEED civic center. hawk bill knife. stating: such school's athletic stadium or other facility or by a person certified to give training in the use of FELONY. blackjack. of any public or private educational institution. and who also has private school shall display in prominent loca. that the provisions of this chasing a firearm under any local. (7) Any registered security officer/guard who (2) An offense under subdivision (b)(1) is a sess or carry. ries with the intent to go armed a firearm. Inaction by persons eighteen official duties. provided. Class C misdemeanor. metallic or otherwise. and such person. gymnasiums. or public or private school building or bus. entered into a reciprocity agreement with this (3) Officers and soldiers of the militia and the (a) (1) A person commits an offense who car. or by any other person acting with the (18) years of age or older. but is not section shall not apply to any state or federal eral laws. that if no such valid commis. not used solely for instructional or such public or private lands unless the lands of (A) Place of residence. E felony. 1309(a)-(d) that the person's behavior was in Class E felony. parent or who holds a certificate that the person has had THREE THOUSAND DOLLARS ($3. violence or a tered nail files and clips and tools used solely for istration or board of trustees of any public or deadly weapon. United States or any member of the Tennessee tempted use of restricted firearm ammunition is then it shall be unlawful for such officer to carry national guard when in discharge of their official a Class D felony. "weapon of like or team. 39-17-1309. recreation area. ative defense to prosecution under § 39-17- (2) An offense under subdivision (c)(1) is a tional or school-sanctioned ceremonial pur. athletic field or any other property conducting or attending "gun and knife shows" camping. (a) As used in this section.

municipality. The burden of proof of the aside. (h) The Tennessee bureau of investigation enacted before April 8. The burden shall fall upon the transferor to persons who are addicted to alcohol and chaser is disqualified under the provisions of to determine the legality of the transaction in sales to persons ineligible to receive them under subdivision (a)(1) from completing the purchase. be held criminally or civilly liable for performing or metropolitan government for damages. (d) Upon receipt of a request of the gun (m) (1) The background check does not apply 39-17-1316. manufacturer. and Independence Day. and associating a particular individual with a county.to report it to the appropriate school or law otherwise transferring a firearm. thumbprint form.m. unique identifying number for the transaction. a gun dealer shall comply with the (2) If the identification presented by the lation . not to exceed ten legality of such transactions or transfers shall (C) The person's civil rights have been dollars ($10.S. (B) Is intended to be used for identification of misdemeanor. that the provisions of this section shall purchaser on the record. the investigations required by this section. action thumbprint form and attach the form to shall establish a telephone number that shall be (b) The general assembly declares that the the gun dealer's copy of the firearms transaction operational seven (7) days a week between the lawful design. (2) As used in this section. trade association or dealer by or (A) The federal firearms license number of the (i) No public employee. firearms transaction record and on the firearms authority of a properly authorized subpoena or fects in the materials or workmanship in the transaction thumbprint form. ed . as subdivision of a foreign government.3 (2000 – 22nd ed. ownership. the to transactions between licensed importers. (H) The type. and (2) The background check does not apply to (2) The provisions of this subsection (2) Notify the dealer when a purchaser is transactions or transfers between a licensed prohibiting the sale of a firearm to a person disqualified from completing the transfer or importer.00). ammunition or com. Sales of dangerous weapons – dealer for a criminal history record check.) page 293 . 921 to 929. (6) The gun dealer may destroy the firearms (l) The Tennessee bureau of investigation (d) The provisions of subsections (b) and (c) transaction thumbprint form one (1) year after shall publish the firearms transaction thumbprint shall not apply in any litigation brought by an the completion of the firearms transaction form and shall furnish the form to gun dealers on individual against a firearms or ammunition man. Handgun possession prohibit- means a person engaged in the business. for the purpose of (c)(1) The authority to bring suit and right to purchaser and shall provide the following infor. ment. official or agency shall on behalf of any state entity. (j) Upon the determination that receipt of a be reserved exclusively to the state.-10:00 p. person is a retail dealer. and after the issuance of a strued to prohibit a county. the dealers. licensed dealers. hours of eight o'clock a. conduct a criminal history record check on the Day. chapter 29. destroy all records (except the unique identifying or dealer for breach of contract or warranty as to (G) The social security number of the number and the date that it was assigned) firearms or ammunition purchased by such purchaser.C. § 922 are prohibited. bill gun dealers for checks run. trade associations or purchaser: include the current address of the purchaser. sale of firearms or ammunition to the public shall transfer. by sending the thumbprints of the purchaser to be prospective only and shall not affect the (3) The gun dealer shall obtain the thumb. (1) The purchaser shall present to the dealer purchaser shall present a second piece of (a) No city. sales other information available to it. official or agency acts in to the lawful design. of firearms and ammunition to the public are not (4) The gun dealer shall request by telephone Central Standard Time (8:00 a. current identification meeting the requirements current identification that contains the current ment shall occupy any part of the field of regula. tion of the transfer. (f) (1) Identification required of the purchaser sale of a used or second-hand firearm legally (b) (1) As used in this section. of subsection (f). ufacturer. § 923. trade association or dealer. marketing or (D) The name of the person making the good faith and without malice. from criminal records and transaction the legal and licensed status of both arms to persons desiring them. a political 39-17-1319.Exceptions. § 921. (E) The make. manufacturer's number of the firearm being violate this section. county. (1) Determine. or urban-county govern. and checks and other costs incurred under the prov. municipality gun dealer. bureau and record the approval number on the during a criminal investigation or under the press warranty. an inter. and date of birth the Tennessee bureau of investigation shall against a firearms or ammunition manufacturer of the purchaser.m. carry out the provisions of this section.C. manufacture of the firearm.m. U. following before a firearm is delivered to a purchaser under subdivision (f)(1)(A) does not nition manufacturers. valid identification bearing a photo. transaction record as required by 18 U. possession or (2) The gun dealer shall complete a firearms (g) The Tennessee bureau of investigation transportation of firearms. ment or injunctive relief resulting from or relating (C) The place of transfer. all other offense. breach of an ex. of current. metropolitan government from bringing an action (F) The name.Actions against firearms or ammu. (c) Except with respect to transactions be. parties.Li. licensed manufacturer. an individual or is commonly accepted for the 39-17-1314. if one has been assigned. 1986.S. defined in 18 U.C.Exceptions . address of the purchaser. however. immediately. or metropolitan govern. (k) A law enforcement agency may inspect (3) Nothing in this subsection shall preclude (5) The gun dealer shall receive a unique the records of a gun dealer relating to transfers an individual from bringing a cause of action for approval number for the transfer from the of firearms in the course of a reasonable inquiry breach of a written contract.C. caliber and firearm by a particular individual would not (2) Nothing in this subsection shall be con.S. abate. marketing. except Christmas Day. Tennessee bureau of investigation shall licensed manufacturers. and (b) A violation of this section is a Class A wise. application at cost. §§ may require that the dealer verify the identifica- ponents of firearms or combinations thereof. manufacture and sale record to be filed with that copy. the meaning as defined in § 39-11-106. include. or ATF P 5300. Thanksgiving constitute a nuisance per se. § 921. "gun dealer" sion of a state. manufacture. progress.C. pawnbroker. model. county. States government. the bureau. "firearm" has under subsection (c) shall include one (1) piece purchased by the seller. or may charge a reasonable fee. of the identification presented by the purchaser. an unreasonably dangerous activities and do not that the Tennessee bureau of investigation (CST)). or licensed convicted of a felony shall not apply if: provide the dealer with a unique approval dealer and a bona fide law enforcement agency (A) Such person was pardoned for the number indicating that the purchaser is qualified or such agency's personnel. for conducting background rest upon the transferor. 18 U. during the gun dealer's telephone licensed collectors who meet the requirements (a) (1) Any person appropriately licensed by call or by return call: of subsection (b) and certify prior to the the federal government may stock and sell fire. Certification of purchaser . leasing. and shall be empowered to any person eligible to purchase a firearm as set possessing a firearm by the provisions of § 39. a foreign government. or transferred. (3) The background check does not apply to (D) The person is not prohibited from isions of this section. validity of any ordinance or resolution lawfully prints of the purchaser on the firearms trans. and ammunition preempted by state regu. … out above who wishes to make an occasional 17-1307. search warrant. provided the employee.m. of selling. restored pursuant to title 40. and ten o'clock p. (n) The director of the Tennessee bureau of ing handguns. a state.S. Local regulation of firearms tween persons licensed as dealers under 18 purpose of identification of an individual. and all other weapons graph and the date of birth of the purchaser that: investigation is hereby authorized to make and which meet the definition except "antique (A) Is issued under the authority of the United issue all rules and regulations necessary to firearms" as defined in 18 U. issuer and identification number particular purchase of firearms. a political subdivi. or censing of dealers . or other. municipality. national quasi-governmental organization. provisions and requirements of subsection (b) (B) The conviction has been expunged or set (e) (1) The Tennessee bureau of investigation must be observed. long guns. (B) The business name of the gun dealer. and obtain the signature of the tion of the purchaser if that identity is in question provided. However.Definitions. gender. race. whether the pur. or for injuries resulting from de. responding to inquiries from dealers for a recover against any firearms or ammunition mation to the bureau: criminal history record check under this section.S. to complete the transfer. whether the national governmental organization or an inter- enforcement officials.

such subsection (a) is a Class A misdemeanor and in from the date of the application and that none of juvenile may be required to perform not less violation of subsection (b) is a Class D felony. chapter 10. the applicant shall be (E) Accompanied by such juvenile's parent or felony offense of perjury pursuant to § 39-16. been judicially determined to be disabled by violation of this section shall be confiscated and (b) A violation of this section is a Class A reason of mental illness. restraints of trade or other exceed twelve inches (12"). to regulate the wearing of arms with a view to (13) That the applicant is not an alien and is (B) Engaging in practice in the use of a prevent crime. nd ATF P 5300. from which any shot.00) for taking the (H) At the juvenile's residence and with the (4) Social security number. victed of the offense of driving under the (2) A second or subsequent violation of this (c) Unlawfully providing or permitting a influence of an intoxicant in this or any other section is a delinquent act and. ity or other mental incapacity. and such performance. eighteen (18) years of age. part 7. by law. to any order of protection and. The department shall also be the handgun if the handgun is a revolver. period of two (2) years in accordance with the 17-1351. 39-17-1320. with- accordance with the provisions of § 39-17-1317. (e) Notwithstanding any other provision of this offenses pertaining to antitrust violations. (c) The application for a permit shall be on a dependence. (12) That the applicant has not been adjudi- to be specified by the judge. in seven (7) years from the date of application.S.) (a) As used in this section and § 39-17-1320. unless the context otherwise requires: such handgun. The sheriff may charge a fee not to in subsection (d)(1) with an unloaded gun. applicant's fingerprints are taken either by the guardian. and which uses firearms as part of standard form developed by the department. (C) Engaging in an organized competition pursuant to § 39-17-1316 or § 39-17-1307(b). Such fingerprints may be by the juvenile. or (3) Date of birth. substance and the applicant has not been a than one hundred (100) hours of community (b) It is an offense for a parent or guardian patient in a rehabilitation program or hospitalized service work to be specified by the judge. (8) That the applicant is not currently subject (b) Except as provided in this section. or participating in U. revolver. or a juvenile or are not in such close proximity to (7) That the applicant is not currently under other firearm of any description. unfair detachable. 18 (16) That the applicant has not been involving the use of a firearm. mitted to or hospitalized in a mental institution. with the application and other supporting (G) Traveling to or from any activity described (2) Addresses for the last five (5) years. (d) (1) It is a defense to prosecution under (a) The citizens of this state have a right to been found by a court to pose an immediate this section that the juvenile is: keep and bear arms for their common defense. drug dependence or mental as amended. regulations of business practices. and the ammunition for relating to the regulations of business practices. § 922(g) or any other state or federal law convicted of a misdemeanor crime of domestic or practicing for a performance by an organized and the applicant otherwise meets all of the violence as defined in 18 U. substantial likelihood of serious harm. firearm or target shooting at an established (b) Any resident of Tennessee who has (14) That the applicant has not been range authorized by the governing body of the reached twenty-one (21) years of age may apply discharged from the Armed Forces under jurisdiction in which such range is located or any to the department of safety for a handgun carry dishonorable conditions. Possession of handgun while years from the date of application or renewal. applicant shall provide a copy of such order. security disability benefits by reason of alcohol Revenue Code of 1986 (26 U. or a firearms safety course. If the person requesting fingerprinting is handgun is "unloaded" if: exceeding one (1) year which does not include not the same person as the person whose (A) There is not a cartridge in the chamber of any federal or state offenses pertaining to picture appears on the photo identification. At the time an permission of the juvenile's parent or legal (5) Physical description (height. makes any (d) (1) In addition to the information required 70. such reason to believe is a juvenile in violation of § of or addicted to alcohol or any controlled juvenile may be required to perform not more 39-17-1319. and intentionally. under oath. required provide two (2) full sets of classifiable guardian and is being instructed by such adult or 702. documents. and has not. loaded or such juvenile that the juvenile could readily gain indictment or information for any criminal offense unloaded. knows of a substantial risk that such juvenile will (11) That the applicant has not been con- chapter 10. 39-17-1351. or magazine breech. such convictions has occurred within five (5) than one hundred (100) nor more than two 39-17-1321. accordance with the procedure set out in title 55. with intent to deceive. does not part to the contrary.C.S.S. are not carried on the person of or. possesses a handgun and is justified sex.Penalties. false statement on such application commits the under subsection (c). the the handgun. department or a sheriff's office. hundred (200) hours of community service work under influence . The application shall clearly state in bold face (18) That the applicant has not been con- (D) Hunting or trapping pursuant to a valid type directly above the signature line that an victed of the offense of stalking. a handgun while under the influence of alcohol applicant by reason of a mental defect. or other access to the handgun and the ammunition and punishable by a term exceeding one (1) year missile can be discharged.C.5 (2000 – 22 ed. purchasing or possessing a firearm in this state such applicant's United States citizenship. if such parent or guardian application. race. application shall require the applicant to disclose taken by the department at the time the applica- (F) On real property which is under the control and confirm compliance with. and such juvenile's (a) Notwithstanding whether a person has a cated as a mental defective. it is an offense for a person to possess has not had a court appoint a conservator for the procedure set out in title 55. hair color and eye color). and shall govern a juvenile who possesses a similar offenses relating to the (2) "Juvenile" means any person less than handgun. knowingly or recklessly to provide a handgun (9) That the applicant is not a fugitive from (c)(1) Illegal possession of a handgun by a with or without remuneration to any person that justice. not including any revolving. the department (17) That the applicant is not receiving social taxation under § 501(c)(3) of the Internal shall issue a permit to the applicant. juvenile is a delinquent act and. department or sheriff shall refuse to take such (B) There is not a cartridge in the cylinder of restraints of trade or other similar offenses fingerprints. (C) The handgun. The following are eligibility requirements for fingerprints at the time the application is filed guardian in the use of the handgun possessed obtaining a handgun carry permit and the with the department. has not (3) Any handgun illegally possessed in or any controlled substance. in addition to the person providing the handgun knows or has (10) That the applicant is not an unlawful user any other disposition authorized by law. such applicant in using physical force or deadly force. group which is exempt from federal income requirements of this section. weight.Penalty. developmental disabil- disposed of in misdemeanor. in § 33-6-104. part 7. it is an niles . the offense for a juvenile to knowingly possess a (a) It is an offense for a person intentionally. bullet. disability. in addition to any juvenile to possess a handgun in violation of state two (2) or more times within ten (10) years other disposition authorized by law. which does not include any federal or state barrel of which. handgun. if so. Providing handguns to juve. (6) That the applicant has not been convicted shall be required to present a photo identifi- (2) For purposes of subsection (d)(1)(G). (1) Full legal name and any aliases. as defined (A) In attendance at a hunter's safety course but the general assembly has the power. unfair trade practices. If the applicant is not prohibited from (15) That the applicant has not renounced not prohibited. has not been com- driving privileges shall be suspended for a permit issued pursuant to § 39-17-1315 or § 39. exceed five dollars ($ 5. § 501(c)(3)). the length of the load the handgun. license issued to such juvenile pursuant to title applicant who. use a handgun to commit a felony. the tion is submitted or the applicant may have such of an adult and has the permission of that adult following information concerning the applicant fingerprints taken at any sheriff's office and and the juvenile's parent or legal guardian to and the eligibility requirements: submit such fingerprints to the department along possess a handgun.C. not illegally or unlawfully in the United States. knowingly or recklessly to provide a for alcohol or controlled substance abuse or such juvenile's driving privileges shall be handgun to a juvenile or permit a juvenile to addiction within ten (10) years from the date of suspended for a period of one (1) year in possess a handgun. because of mental illness. a of a criminal offense punishable for a term cation. § 921(33). other area where the discharge of a firearm is permit. Handgun carry permits. (1) "Handgun" means a pistol. applicant's fingerprints. the provisions of this section trade practices. or page 294 . antitrust violations.

provisions of this section. any felony offense hired and the type and purpose of any (2) Successfully completed training at the law involving violence or use of a firearm or any equipment purchased. the department shall: relied upon by the department. No permit renewal application. the department shall refuse to accept (1) The existence of any arrest or other base. required to prove by displaying a receipt for the under subsection (c) as are available to the (n) A permit issued pursuant to this section renewal application fee that the renewal bureau based solely upon the applicant's name. The permit holder shall have the permit in the another state shall be valid in this state (2) Conduct a criminal history record check holder's immediate possession at all times when according to its terms if: based upon one (1) set of the fingerprints carrying a handgun and shall display the permit (A) The statute establishing the permit or received and send the results to the department. If the name department shall not be required to confirm the of processing the application and issuing a on the photo identification. send the results of such searches to the the permit holder legally owns or possesses. who was rendered infam. It shall include a copy of any division (p)(1) shall take effect on July 1. charge or warrant have been such extra fifteen dollars ($15. (2) The provisions of subdivision (p)(1) in- (3) Successfully completed the firearms IV or V controlled substance.00) for the purpose of fingerprint officer/guard involving a Schedule VI controlled substance. requirements in another state are substantially in the criminal history record checks conducted (3) A color photograph of the permit holder. and under this section no later than ninety (90) days oath. On an annual basis. that the applicant does not meet cation and processing fee of one hundred fifteen present a photo identification to the department the eligibility requirements of this section. specifically provides that permits or licenses (3) Send one (1) set of the fingerprints sized laminated card of the same approximate issued in other states are valid in such issuing received from the department to the federal size as is used by the State of Tennessee for state. licensing procedure in the issuing state and (o) The permit shall be issued on a wallet. shall be on a standard form developed by the resides. (r) (1) A handgun permit or license issued in department. or the provisions of this subdivision shall not apply take effect if the general appropriation act pro- (4) Successfully completed all handgun if such offense occurred within ten (10) years of vides a specific appropriation in the amount of training of not less than four (4) hours as the date of application or renewal. the sheriff shall provide the checks based upon the applicant's fingerprints concerning the applicant as set forth in department with any information concerning the shall be subject to immediate revocation if either subsection (c). The dollars ($115). manner that is suitable for use on the permit. The by the Tennessee and federal bureaus of and department shall maintain a list of the states that ATF P 5300. III.00) received from applicant to submit proof of the successful judicially or administratively expunged. bureau shall provide documentation to the applicant shall not be required to comply with ous or deprived of the rights of citizenship by senate and house judiciary committees that the firing range provisions of this subsection if judgment of any state or federal court. II. a permit (A) Forward two (2) full sets of fingerprints of (l) The department shall issue a permit to an holder may apply to the department for the the applicant to the Tennessee bureau of applicant not prohibited from obtaining a permit renewal of such permit by submitting. or other federal or state law. records and/or inquiries reviewed or the public welfare requiring it. Such that within five (5) years from the date the pursuant to procedures set forth within title 40. name on the applicant's eligibility for a permit beyond the permit. 1997. Such course shall include both aside by a court of competent jurisdiction. (2)(A) The commissioner of safety shall be (i) The department shall deny a permit appli. holder: are substantially similar to the eligibility and send the results of such check to the (1) The permit holder's name. weight and eye color. two hundred fifty thousand dollars ($250. In the event the permit (h) Upon receipt of the fingerprints from the (m) A permit holder shall not be required to expires prior to the department's approval or department. (g) (1) Upon receipt of a permit application. or from (4) The permit number and expiration date. shall be good for four (4) years and shall entitle application was delivered to the department prior date of birth and social security number and the permit holder to carry any handgun(s) which to the expiration date of the permit. In addition to any other portion of the application and name on the fingerprint card. or each handgun permit application fee is being completion of a department approved handgun (2) An applicant's conviction has been set used exclusively for the purpose set forth in this safety course.00). has had such extra fifteen dollars ($15. the provisions of this sub. reports. pursuant to § 62-35-118(b). money earmarked for fingerprint data base applicant has: vided. the (1) Been certified by the peace officer division shall not apply to any person who has number and job descriptions of any employees standards and training commission. however. enforcement training academy. the federal bureaus of investigation and the sheriffs. if information received from the Tennessee and permit application fee that goes to the taken by a sheriff.00) permit fee increase imposed by sub- examinations. the permit holder shall be (1) Within thirty (30) days from receipt of the holder shall be required to complete any entitled to continue to use the expired permit. Such fee shall cover all aspects at the time of filing the application. under investigation. under oath. to required by any branch of the military. A permit issued prior to the depart. the Tennessee bureau of complete a handgun safety course to maintain issuance of notice of denial regarding such investigation shall: or renew a handgun carry permit. Tennessee bureau of investigation. similar to the requirements in this state. or subsection. fingerprints.required to photograph the applicant in a investigation pursuant to subsection (h).) page 295 . date requirements in this state. pro. (k) If the department denies an application. a renewal application with a renewal fee of (B) Send a copy of the application to the after the date the department receives the fifty dollars ($50. basis for the denial. or been convicted of burglary. fifteen department shall refuse to accept the if any. The general appropriations act. records concerning the applicant for any treasury shall audit the bureau to ensure that (e) The department shall also require an indictment. An (3) The applicant. conduct such computer searches to additional handgun safety course after obtaining provided.3 (2000 – 22nd ed. data base updating and maintenance shall not registration. If such appropriation is not included in the permits available for distribution at any location writing within ten (10) days of such denial.000).00) is being used such applicant submits proof to the department his or her full rights of citizenship duly restored exclusively for the intended purposes. department. If the applicant has creasing each permit application fee by fifteen training course required for armed security been convicted of a felony drug offense dollars ($15. the sole judge of whether the eligibility cation if it determines from information contained height. are not the same. updating and maintenance was spent. request a federal driver licenses and shall contain only the (B) The eligibility requirements for obtaining a criminal history record check based upon such following information concerning the permit handgun permit or license in such issuing state fingerprints. issuance of a permit. If the person whose picture appears (j) The department shall not deny a permit bureau for the sole purpose of updating and on the photo identification is not the same as the application if: maintaining its fingerprint criminal history data applicant. as long as such service is available. such fifteen dollar where the department conducts driver license written notice shall state the specific factual ($15. address. or felony drug offense involving a Schedule I. other information that comes to the attention of (p)(1) The department shall charge an appli- (2) An applicant shall also be required to the department. of birth and social security number. documentation shall state in detail how the application for a handgun carry permit is filed the chapter 29. the information application. and bureau of investigation. that the permit holder shall also be determine the applicant's eligibility for a permit a handgun carry permit. dollars ($15.00) of such fee shall go to the application. (q) Prior to the expiration of a permit. defray the expenses contemplated in subdivision (f) The department shall make applications for the department shall notify the applicant in (p)(1). (2) A description of the permit holder by sex. on demand of a law enforcement officer. The renewal application sheriff of the county in which the applicant application. By February 1 of each year the classroom hours and firing range hours. the comptroller of the the application. and shall require the applicant to truthfulness of the applicant's answers to the such record check reveals that the applicant is certify that such applicant still satisfies all the eligibility requirements of subsection (c) that is not eligible for a permit pursuant to the eligibility requirements of this section for the within the knowledge of such sheriff. ment's receipt of the Tennessee and federal department of safety and shall require the (2) Within thirty (30) days of receiving an bureaus of investigation's criminal history record applicant to disclose.

and state law to purchase a handgun. The of the general assembly. Penal Code. a of this section and provided the permit holder enforcement of child support obligations through copy of such statistical reports for the preceding has not committed any other violation that license denial and revocation. or any agency the person is a chemically dependent person. or of a felony (1) a felony if the offense is so designated by uses controlled substances or dangerous drugs under an information or indictment. By January 1 of each year. not a felony and confinement in a jail other than (3) "Concealed handgun" means a hand. (9) is fully qualified under applicable federal or greater that involves the use of alcohol or a diction whether or not the imposition of the sen. CODE Texas Government Code (7) "Qualified handgun instructor" means a affecting the spousal relationship. revoked. officer or other individual(s). (b) For the purposes of this section. law or if confinement for one year or more in a so as to acquire a fixed habit and an involuntary (5) is not a fugitive from justice for a felony or penitentiary is affixed to the offense as a pos- tendency to become intoxicated or use those a Class A or Class B misdemeanor. dealing with the or suspension. By July 13. purposes of this section and is not qualified to term does not include an adjudication of guilt or ministered or collected by the attorney general.01. the department shall subsection. date of application. handgun if the person: by Section 49. 411. to all applicants whose: state decides to become a resident of (t) Any law enforcement officer of this state or (1) Applications were properly filed under the Tennessee. (8) [Repealed] (14) has not. semi-automatic action.174 or in a request for application submitted (1) "Action" means single action. (3) has not been convicted of a felony. Such permit may be realm of the officer's lawful jurisdiction and when June 13. receive a license under this subchapter. default on a loan made under Chapter 57. been convicted of a Class A times within the 10-year period preceding the (4) "Convicted" means an adjudication of or Class B misdemeanor or an offense under date on which the person applies for a license of guilt or an order of deferred adjudication entered Section 42. is necessary for the protection of the permit conducted by the Tennessee bureau of on request and payment of a reasonable fee to holder. or subdivision of the state. Definitions. Penal Code. chapter 5 with the procedure established by this subsec- TEXAS TEX. or suspended by the depart. Such list shall be available to enforcement officials to report the information issue a handgun carry permit. ment with respect to the proper use and storage a state jail felony facility is affixed as a possible gun. permit holder is not a threat to the officer.01. compiled in title 4. within the permit procedure in effect immediately prior to Tennessee gun permit. any time when the officer reasonably believes it (3) Criminal history record check results (s) (1) The department shall make available. In this subchapter: a license under Section 411. subject to later anyone upon request. required by subdivision (s)(2)(A) to the suspension or revocation as provided in § 39- (B) If a person with a gun permit from another department. or collected by the comptroller. 39-17-1351 . a per- (5) "Handgun" has the meaning assigned by (12) has not been finally determined to be in son is incapable of exercising sound judgment Section 46. 39-17-1360. (d) For purposes of Subsection (a)(7). a statistical report shall return the handgun to the permit holder name. Edu. federal official. ment during the preceding month. disarm a permit holder at least ninety (90) days. and substances as often as the opportunity is pre. Department of Public Safety of 411. The officer investigation based solely upon the applicant's cover the costs of copying. chapter 5. pursuant to Section 411.39-17-1360. part 7. revolver. 1997. the offense is a chemically dependent person for is discharged from community supervision. interests. or the United States is: intoxicated by excessive indulgence in alcohol or under Section 42. This an order of deferred adjudication that has been (11) has not been finally determined to be de. nd ATF P 5300. been adjudicated as having the State of Texas (a) A person is eligible for a license to carry a engaged in delinquent conduct violating a penal concealed handgun if the person: law of the grade of felony. and Subchapter H.5 (2000 – 22 ed. date of birth and social security number that includes the number of permits issued. shall pursuant to the Uniform Administrative be acted upon by the department in accordance Procedures Act. punishment. in the five years preceding the (c) An individual who has been convicted two able person. the tax collector of dent person if other evidence exists to show that (B) pardoned under the authority of a state or a political subdivision of the state. (13) is not currently restricted under a court (1) has been diagnosed by a licensed physici- protective order or subject to a restraining order an as suffering from a psychiatric disorder or page 296 . issued based on the person having a permit the officer is acting in the lawful discharge of the (2) Applications have been pending for at from another state provided such other state officer's official duties. such person must obtain a of any county or municipality may. (7) is not incapable of exercising sound judg. compiled in title enforcement agencies to incidents in which a with immunity from civil liability alleging liability 4. Executive Branch handguns by the department. or failed to disclose any material fact. or (2) is at least 21 years of age.01. in under this subchapter or is otherwise eligible for an application submitted pursuant to Section 411. Penal Code. calendar year shall be provided to each member results in the arrest of the permit holder. an offense of the grade of Class B misdemeanor against a person by a court of competent juris. of a handgun.171. (2) a Class A misdemeanor if the offense is sented. (6) is not a chemically dependent person. with respect to the proper use and storage of a (6) "Intoxicated" has the meaning assigned cation Code. controlled substance as a statutory element of tence is subsequently probated and the person (10) has not been finally determined to be de. an (2) "Chemically dependent person" means (4) is not charged with the commission of a offense under the laws of this state. properly filed according to the procedure in [Current through 2000 Regular Session] (B) The department by rule promulgated effect immediately prior to June 13.01. cernible to the ordinary observation of a reason. chapter 5. another a person who frequently or repeatedly becomes Class A or Class B misdemeanor or an offense state. and meets the criteria of subdivisions (r)(1) and (2). (8) has not.173(a). The linquent in making a child support payment ad. 17-1352. Penal Code. sible punishment. to implement the provisions of §§ person who has a permit to carry a handgun for issuance of the permit. (u) Substantial compliance with the department of safety is authorized to promulgate (2) (A) The department shall maintain requirements of this section shall provide the rules and regulations pursuant to the Uniform statistics related to responses by law department and any political subdivision thereof Administrative Procedures Act.) meet the reciprocity requirements of this shall adopt procedures for state and local law tion. under this section is arrested and booked for (v) All handgun carry permit applications any offense. Eligibility date of application. License To Carry A Concealed (1) is a legal resident of this state for the six.172. other than a person who is certified to instruct in the use of restraining order solely affecting property Title 4. before discharging the permit holder from the have been returned to and are in the possession denied. or other individual(s) provided that shall be deemed a "license" within the meaning holder and the reason for any permit revocation the permit holder has not violated any provision of title 36. Rules and regulations. the presence of which is not openly dis. subsection does not preclude the disqualification subsequently: linquent in the payment of a tax or other money of an individual for being a chemically depen- (A) expunged. 1997. to the (w) Any permit issued pursuant to this section gender and zip code of the applicant or permit permit holder. in the 10 years preceding the Chapter 411. scene when the officer has determined that the of the department.175. 1997. (15) has not made any material misrepresen- Handgun month period preceding the date of application tation. listed by age.