How to Sell a Gun in Tennessee
In the United States there are a handful of states that have some of the most relaxed gun regulations in the nation; Tennessee is one of those states. However, being informed of the process and regulations when it comes to buying, selling and transferring a firearm is important to ensure a smooth transaction while also being compliant with state and federal regulations.
The following information is compiled from a memorandum on State Laws and Published ordinances from the Tennessee Office of Attorney General to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Buying and Selling a Gun in Tennessee
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
The check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
Conducting Private Sales of a Firearm
In the state of Tennessee, individuals who are not engaged in the business of dealing in firearms are not required to obtain a criminal background check in connection with the occasional sale or private transfer of a firearm. According to the Tennessee Office of Attorney General, Tennessee has no specific provisions of law governing private transactions or transfers between two individuals who are not federal firearms licensed dealers.
However, 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 and up to a felony criminal charge.
Restrictions on Firearm Ownership Tennessee
Generally, Tennessee defaults to federal law regarding the sale and purchase of firearms.
In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. No permits or registration are required to own a firearm in the state.
The following disqualifies a person in Tennessee from purchasing a firearm.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment 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.
- Illegal alien.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 05/06/20 from https://www.atf.gov/file/117371/download and https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2016/op16-044.pdf