Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Tennessee Firearm Laws: Other Topics
Tennessee Firearm Laws: Other Topics
The Headline
This section covers Tennessee firearm rules that do not fit cleanly into the other sections of this guide: private sales, dealer transfers, ammunition rules, magazine capacity, antique and NFA-edge categories, juvenile sales prohibitions, mental-health prohibitor mechanics, civil immunity, enhanced penalties for using a firearm during a felony, hunting regulation, and the federal interplay that overlays everything. If a question does not belong in PERMIT_BASICS, CONSTITUTIONAL_CARRY, CONCEALED_CARRY, OPEN_CARRY, TRAINING_REQUIREMENTS, APPLICATION_PROCESS, FEES_COSTS, RENEWAL_PROCESS, PROHIBITED_PLACES, VEHICLE_CARRY, TRANSPORT, STORAGE, USE_OF_FORCE, CASTLE_DOCTRINE, DUTY_TO_INFORM, UNDER_INFLUENCE, RESTRICTIONS, NFA_ITEMS, RED_FLAG, PREEMPTION, RECIPROCITY, RESOURCES, or FAQ, the short answer is here.
Tennessee is a permissive firearms state. Much of what shows up in this catch-all is not regulated at the state level. The federal framework controls, or no rule applies at all. Where another section of this guide owns the operative state-law text, this section cross-references that section rather than duplicating it.
Private firearm sales and transfers
Tennessee does not require a background check for a private intrastate firearm sale between two Tennessee residents. There is no state registration of private transfers and no state recordkeeping mandate for the seller. The federal rules still apply on top of that silence:
- 18 U.S.C. 922(d) makes it a federal felony to transfer any firearm to a person the transferor knows or has reasonable cause to believe is in any prohibited category (felon, fugitive, unlawful drug user, person adjudicated mentally defective or committed, certain immigration categories, person under a qualifying restraining order, person convicted of a misdemeanor crime of domestic violence, etc.).
- 18 U.S.C. 922(a)(5) generally prohibits the transfer of a firearm between residents of different states except through an FFL. Tennessee resident to Tennessee resident is fine; Tennessee resident to a non-resident must run through an FFL.
- 18 U.S.C. 922(t) requires NICS for all firearm transfers through a federally licensed dealer.
For the operative Tennessee permit statutes (Enhanced and Concealed Handgun Carry Permits) and any ATF-recognized NICS-alternative status, see PERMIT_BASICS. The seller's federal-law duty under 922(d) is independent of the buyer's permit status.
Sales and transfers to juveniles
Tennessee makes it a state offense for a juvenile (defined as a person less than eighteen years of age) to knowingly possess a handgun, and a separate state offense to provide a handgun to a juvenile. Two statutes, scraped verbatim, set the framework:
Tenn. Code 39-17-1319 ("Handgun possession prohibited - Exceptions"):
(a) As used in this section and Section 39-17-1320, unless the context otherwise requires:
(1) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches (12"); and
(2) "Juvenile" means any person less than eighteen (18) years of age.
(b) Except as provided in this section, it is an offense for a juvenile to knowingly possess a handgun.
Subsection (c) makes a first violation a delinquent act with up to one hundred (100) hours of community service and a one-year driver's-license suspension; a second or subsequent violation triggers one hundred to two hundred (100 to 200) hours and a two-year suspension. Any handgun illegally possessed under the section is confiscated under Tenn. Code 39-17-1317. Subsection (d) lists defenses, including attendance at a hunter's safety course, target shooting at an authorized range, hunting under a valid Title 70 license, adult-supervised instruction by a parent or guardian, possession on real property under the control of an adult who has consented, and possession at the juvenile's residence with parental permission when justified in using physical or deadly force.
Tenn. Code 39-17-1320 ("Providing handguns to juveniles - Penalties"):
(a) It is an offense for a person intentionally, knowingly or recklessly to provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile in violation of Section 39-17-1319.
(b) It is an offense for a parent or guardian intentionally, knowingly or recklessly to provide a handgun to a juvenile or permit a juvenile to possess a handgun, if the parent or guardian knows of a substantial risk that the juvenile will use a handgun to commit a felony.
(c) Unlawfully providing or permitting a juvenile to possess a handgun in violation of subsection (a) is a Class A misdemeanor and in violation of subsection (b) is a Class D felony.
Federal law layers on additional rules. 18 U.S.C. 922(b)(1) bars a federally licensed dealer from selling a handgun to a person under 21 and a long gun to a person under 18. 18 U.S.C. 922(x) bars private transfers of handguns and handgun ammunition to persons under 18 with narrow exceptions (parental consent for sporting use, ranch and farm operations, etc.).
For how Tennessee's constitutional-carry statute treats adults in the 18-to-20 age band and any recent legislative changes to the carry age floor, see CONSTITUTIONAL_CARRY. The practical asymmetry to keep in mind: an adult who is permitted to carry under state law in that age band still cannot be sold a handgun by a federally licensed dealer until age 21 under 922(b)(1). The lawful path to acquiring a handgun for an adult under 21 is a private intrastate sale, an inheritance, or a private gift from a person not otherwise prohibited from transferring it.
Background checks at FFLs
Federally licensed dealers in Tennessee run NICS checks through the Tennessee Bureau of Investigation's Tennessee Instant Check System (TICS). TBI is the state point of contact for the federal NICS check. For the canonical TBI background-checks page and the FFL appeal procedure, see RESOURCES.
The interaction between Tennessee permits and 27 C.F.R. 478.102(d) (the federal NICS-alternative rule for state permits) is addressed in PERMIT_BASICS. Whether any current Tennessee permit qualifies as a NICS alternative under ATF's published list, and what that means at the Form 4473 stage, is owned by that section.
Ammunition
Tennessee imposes no state-level ammunition restrictions. There is no ammunition background check, no caliber prohibition, no online-purchase restriction, no registration requirement for ammunition sales between Tennessee residents.
Federal law still applies:
- 18 U.S.C. 922(a)(7) restricts the manufacture and importation of armor-piercing ammunition (as defined for handguns by core composition and structural criteria).
- 18 U.S.C. 922(a)(8) restricts sales and deliveries of armor-piercing ammunition by licensed manufacturers, importers, and dealers.
- 18 U.S.C. 922(g) prohibits ammunition possession by the same categories of persons as for firearms.
- 18 U.S.C. 922(d) prohibits the transfer of ammunition to a person known to be in a prohibited category.
The operative rule for instructors: in Tennessee, ammunition is treated like any other consumer good at the state level, but the federal prohibitor list applies to ammunition the same way it applies to firearms.
Magazine capacity
Tennessee has no state magazine capacity limit. Standard-capacity magazines (17, 20, 30 rounds and beyond) are lawful to own, carry, transfer, and use. Tennessee has no state assault-weapon law and no feature test for rifles.
Antique firearms
Federal law at 18 U.S.C. 921(a)(16) defines "antique firearm" verbatim as follows:
(16) The term "antique firearm" means -
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica -
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.
Antique firearms so defined are not "firearms" under the Gun Control Act and are exempt from many federal rules (FFL transfer, NICS, etc.). Whether an antique firearm is also exempt from Tennessee's state-level prohibited-persons regime, and how Tennessee defines "firearm" in Title 39 Chapter 17 for state-charging purposes, is addressed in RESTRICTIONS. The federal exemption is not automatically a defense to a state charge; confirm against the current Tennessee Code before relying on it.
NFA items
Suppressors, short-barreled rifles, short-barreled shotguns, machine guns, destructive devices, and any-other-weapons (AOWs) registered and lawfully transferred under the National Firearms Act (26 U.S.C. Chapter 53) are legal to possess in Tennessee. Tennessee does not impose any additional state-level NFA registration, tax, or permitting beyond federal law. The federal $200 transfer tax (or $5 for AOWs), ATF Form 4 or Form 1 approval, fingerprint cards, and CLEO notification are all federal rather than Tennessee requirements. See NFA_ITEMS for the full treatment.
Possession during commission of a dangerous felony
Tennessee has a separate firearm-enhancement offense at Tenn. Code 39-17-1324 for possessing or employing a firearm during the commission or attempted commission of a "dangerous felony." Subsections (a), (b), and (e) read:
(a) It is an offense to possess a firearm or antique firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony.
(b) It is an offense to employ a firearm or antique firearm during the:
(1) Commission of a dangerous felony;
(2) Attempt to commit a dangerous felony;
(3) Flight or escape from the commission of a dangerous felony; or
(4) Flight or escape from the attempt to commit a dangerous felony.
...
(e)(1) A sentence imposed for a violation of subsection (a) or (b) shall be served consecutive to any other sentence the person is serving at the time of the offense or is sentenced to serve for conviction of the underlying dangerous felony.
The mandatory minimums are set out in subsections (g) and (h):
(g)(1) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum three-year sentence to the department of correction.
(g)(2) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum five-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction.
(h)(1) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum six-year sentence to the department of correction.
(h)(2) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum ten-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction.
Subsection (i) defines "dangerous felony" by enumeration, including attempted first- and second-degree murder, voluntary manslaughter, carjacking, especially aggravated and aggravated kidnapping, especially aggravated and aggravated burglary, especially aggravated and aggravated stalking, initiating the process to manufacture methamphetamine, and certain controlled-substance felonies under part 4 of the chapter. Subsection (j) raises the floor to a fifteen-year sentence with one hundred percent (100%) service for a person convicted under the section who has a prior conviction under the section. Charging strategy and the full enumerated list of qualifying offenses sit in RESTRICTIONS.
Civil and criminal immunity for justified force
Tennessee provides immunity from civil liability under Tenn. Code 39-11-622 for a person whose use of force is justified under the listed self-defense, defense-of-others, defense-of-habitation, and related statutes. Subsection (a) reads:
(a) A person who uses force as permitted in Sections 39-11-611 - 39-11-614, Section 29-34-201, or Section 49-6-4107, is justified in using such force and is immune from civil liability for the use of such force, unless:
(1) The person against whom force was used is a law enforcement officer, as defined in Section 39-11-106 who:
(A) Was acting in the performance of the officer's official duties; and
(B) Identified the officer in accordance with any applicable law; or
(C) The person using force knew or reasonably should have known that the person was a law enforcement officer; or
(2) The force used by the person resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified.
Immunity is not automatic. It must be affirmatively raised. Subsection (d) lets the defendant assert it in a responsive pleading or by written motion; subsection (e) requires the court to hold an expedited hearing, places the initial burden on the defendant to fairly raise justified use of force, then shifts the burden to the plaintiff to demonstrate that civil liability is not barred. If the court dismisses the action on immunity grounds, subsection (f) is mandatory:
(f) If the court dismisses the civil action pursuant to subdivision (e)(5)(A) or otherwise determines that the defendant is entitled to immunity from civil liability under this section, the court shall award the defendant attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of the civil action.
For the substantive justification framework (when force, including deadly force, is permitted in defense of self, of others, or of habitation), see USE_OF_FORCE and CASTLE_DOCTRINE. Section 39-11-622 is the immunity overlay on top of that framework.
Mental-health holds and firearm prohibition
Tennessee mental-health emergency commitment proceedings are governed by Title 33, Chapter 6, Part 4. The threshold standard at Tenn. Code 33-6-403 is verbatim:
(a) IF AND ONLY IF:
(1) A person has a mental illness or serious emotional disturbance, AND
(2) The person poses an imminent substantial likelihood of serious harm under Section 33-6-501 because of the mental illness or serious emotional disturbance, AND
(3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND
(4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person,
THEN
(5) The person may be admitted and detained by a hospital or treatment resource for emergency diagnosis, evaluation, and treatment under this part.
Subsection (b) creates a rebuttable presumption that the standard is met when a person is charged with a felony or Class A misdemeanor and a court has found the person incompetent to stand trial due to mental illness, and that presumption can be overcome only by clear and convincing evidence that the person does not pose an imminent substantial likelihood of serious harm.
An adjudication of mental incompetency or an involuntary commitment under this Title 33 framework can trigger the federal prohibitor in 18 U.S.C. 922(g)(4), which prohibits any person "who has been adjudicated as a mental defective or has been committed to any mental institution" from possessing firearms or ammunition. The federal prohibition is permanent absent relief from disabilities through a federally recognized state procedure under 18 U.S.C. 925(c) or an equivalent state relief program recognized by ATF. Tennessee participates in the federal NICS Improvement Amendments Act reporting framework through TBI. For Tennessee's full state-level prohibitor analysis and any state-side relief procedure, see RESTRICTIONS and RED_FLAG.
Hunting
The Tennessee Wildlife Resources Agency (TWRA) regulates hunting, including which firearms, calibers, and ammunition are legal for which species and seasons. Hunting questions about firearm type, magazine capacity in the field, and ammunition selection are answered by the TWRA guide for the relevant season, not by the carry statutes in Title 39 Chapter 17. For TWRA contact information and the current published hunting guide, see RESOURCES.
Firearm theft reporting
Tennessee does not impose a statutory mandatory firearm theft reporting requirement on private owners. Reporting a stolen firearm to local law enforcement is still strongly recommended: it creates a record that protects the owner if the firearm is later recovered in connection with a crime, and most homeowner and renter insurance policies require a police report before paying a claim.
Constitutional and historical backdrop
Tennessee firearm law rests on two layers of constitutional protection. The Tennessee Constitution, art. I, sec. 26, provides: "That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime." That clause has been interpreted by the Tennessee Supreme Court for more than a century and grants the legislature regulatory authority while protecting the underlying right.
The Second Amendment to the U.S. Constitution, applied to the states through the Fourteenth Amendment per McDonald v. Chicago (2010), provides a federal floor. The current operative framework comes from D.C. v. Heller (2008), McDonald, N.Y. State Rifle and Pistol Association v. Bruen (2022), and United States v. Rahimi (2024). Bruen's "history and tradition" test is the operative methodology for any post-2022 Second Amendment challenge to a Tennessee firearm law.
The "going armed" framework that historically supported Tennessee's pre-2021 carry restrictions has been substantially superseded by Public Chapter 108 (2021) creating constitutional carry. The codified carry-without-permit provisions and the current state framework, including the eligible-person criteria and the carry age floor, are addressed in CONSTITUTIONAL_CARRY. Verify the current statute and any subsequent legislative changes against the Tennessee Code before relying on older case law.
Federal interplay
Every Tennessee firearm question runs in parallel with federal law. The principal federal references:
- 18 U.S.C. 922(g) lists the federal prohibitor categories.
- 18 U.S.C. 922(q) is the Gun Free School Zones Act.
- 18 U.S.C. 922(t) is the NICS requirement at FFLs.
- 18 U.S.C. 922(x) restricts juvenile handgun possession.
- 18 U.S.C. 925A governs erroneous NICS denials.
- 18 U.S.C. 926A is the FOPA peaceable journey rule for interstate transport.
- 18 U.S.C. 930 restricts firearm possession in federal facilities.
- 26 U.S.C. Chapter 53 is the National Firearms Act.
When state and federal law conflict, federal law is the floor. Tennessee may grant more rights than federal law allows in some respects (private sales without background checks, no waiting period, no magazine cap), but state silence does not displace federal prohibition.
What this section does not cover
This section is silent on (1) Tennessee's discretionary firearm-related occupational licensing (private detectives, armed security officers) governed by the Department of Commerce and Insurance Private Protective Services rules, (2) federal prosecution policy in the three U.S. Attorney districts covering Tennessee, and (3) any specific local ordinance that survives Tennessee firearms preemption (such ordinances are rare; see PREEMPTION for the operative statute and consult the city or county code if a specific question arises). For those, go to the issuing agency or to RESOURCES.
Update cadence
Tennessee firearm statutes change every legislative session. Public Chapter 108 (2021) created constitutional carry, and the General Assembly has continued to amend Title 39, Chapter 17 in subsequent sessions. Verify any rule in this section against the current Tennessee Code and the Tennessee General Assembly bill tracker before relying on it; the canonical bill-tracker URL is maintained in RESOURCES.
View this topic on its own page: Tennessee Firearm Laws: Other Topics
Last verified:2026-05-20