Tennessee NFA Items: Suppressors, SBRs, SBSs, Machine Guns, AOWs, and Destructive Devices

Tennessee NFA Items: Suppressors, SBRs, SBSs, Machine Guns, AOWs, and Destructive Devices

The bottom line

Tennessee defers to federal law on National Firearms Act items. Suppressors, short-barrel rifles (SBRs), short-barrel shotguns (SBSs), machine guns, destructive devices, and "any other weapons" (AOWs) are legal to own and possess in Tennessee if, and only if, the owner has cleared the federal registration process under the National Firearms Act (26 U.S.C. ss 5841-5862) and is not otherwise prohibited from possessing firearms. The state does not run its own NFA registry, does not charge a separate state tax, and does not require any state permit on top of an approved federal Form 4 or Form 1.

The mechanism sits inside Tennessee's general prohibited-weapons statute. Tenn. Code § 39-17-1302(a) makes it an offense to possess, manufacture, transport, repair, or sell a machine gun, a short-barrel rifle or shotgun (until amended in 2022), or a firearm silencer. Section 39-17-1302(b)(7) then provides a defense that swallows most ordinary NFA ownership: the prohibition does not apply where the item is "validly registered to the person under federal law in the National Firearms Registration and Transfer Records," and the owner retains proof of registration. If your suppressor, SBR, SBS, machine gun, destructive device, or AOW is registered to you (or to a trust or entity you control) under federal law and the transfer was approved by ATF, you are not committing a Tennessee crime by possessing it. If the federal paperwork is missing, lapses, or you are a prohibited person, every day of possession is a Tennessee felony.

Two recent Tennessee changes matter for daily practice. First, in 2022 the legislature removed short-barrel rifles and shotguns from the state list of prohibited weapons entirely (Public Chapter 1038, SB2628/HB2509, effective July 1, 2022). SBRs and SBSs are no longer prohibited by Tennessee law as such, although federal NFA registration is still required. Second, in 2025 the legislature expanded the state machine-gun definition to include any part or combination of parts designed and intended solely for converting a firearm into a machine gun (auto sears, "switches," forced-reset triggers, conversion kits), and raised possession of a machine gun from a Class E to a Class C felony (Public Chapter 513, SB1075/HB1093, effective July 1, 2025). Unregistered conversion devices are now a state felony on top of the existing federal felony.

What Tennessee law prohibits outright

Tenn. Code § 39-17-1302(a) is the operative prohibition. As of 2026 it reaches:

• An explosive or explosive weapon. § 39-17-1302(a)(1).
• A device principally designed, made, or adapted for delivering or shooting an explosive weapon. § 39-17-1302(a)(2).
• A machine gun. § 39-17-1302(a)(3).
• A firearm silencer. § 39-17-1302(a)(5).
• Hoax devices. § 39-17-1302(a)(6).
• Knuckles. § 39-17-1302(a)(7) (per the 2025 renumbering; older sources may show § 39-17-1302(a)(6)).
• Any other implement for infliction of serious bodily injury or death that has no common lawful purpose. § 39-17-1302(a)(8).

Short-barrel rifles and shotguns were listed in § 39-17-1302(a)(4) until 2022 Pub. Ch. 1038 removed them. That subdivision is now effectively struck.

A bare violation for an NFA-type item (machine gun, silencer, or, before 2022, SBR/SBS) was a Class E felony. As of July 1, 2025, machine gun possession is a Class C felony under Pub. Ch. 513. Violations involving hoax devices, knuckles, and the catchall subsection remain Class A misdemeanors. § 39-17-1302(d).

The definitional terms are set out at Tenn. Code § 39-17-1301. The Tennessee definitions are broader than the federal definitions on two important points:

• "Machine gun" under § 39-17-1301(10) means any firearm capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. The federal definition at 26 U.S.C. § 5845(b) reaches firearms that fire more than one shot per trigger pull. Federal law sets the floor for anything registered under the NFA, and any item that meets the federal definition also meets the broader state definition.
• "Short barrel" under § 39-17-1301(14) means a barrel length of less than 16 inches for a rifle, less than 18 inches for a shotgun, or an overall firearm length of less than 26 inches. That tracks the federal definition at 26 U.S.C. § 5845(a).

The federal NFA pathway: how Tennessee owners stay legal

Tenn. Code § 39-17-1302(b)(7) is the operative carve-out for ordinary NFA ownership. It provides a defense to prosecution where the conduct:

Involved acquisition or possession of a sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer which is validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision shall retain proof of registration.

That carve-out has three practical consequences:

1. Federal registration is the operative document. The item must be on the National Firearms Registration and Transfer Record (NFRTR) maintained by ATF. The transfer to you was approved on an ATF Form 4 (for a dealer-to-individual or individual-to-individual transfer) or you manufactured it yourself after ATF approval on Form 1.
2. Keep proof of registration with the item. Section 39-17-1302(b)(7) is explicit that the owner "shall retain proof of registration." There is no separate Tennessee statute mandating that you carry the tax stamp on your person, but in a traffic stop or field encounter, producing the stamp resolves the question on the spot. Many practitioners keep a paper or PDF copy with the firearm.
3. You must still be eligible to possess a firearm. Federal prohibitors at 18 U.S.C. § 922(g) and Tennessee's felon-in-possession and domestic-violence statutes apply with full force. A federally registered NFA item does not undo a state or federal possession bar.

In addition to § 39-17-1302(b)(7), § 39-17-1302(b)(1) supplies a separate defense for conduct incident to the performance of official duty in the armed forces, Tennessee National Guard, law enforcement, or penal institutions. Section 39-17-1302(b)(2) extends the defense to commercial transactions with those entities. These are the standard government and FFL pathways.

A separate affirmative defense at § 39-17-1302(c)(1) covers possession of an item described in subdivisions (a)(1)-(5) "solely as a curio, ornament or keepsake" so long as the weapon is in a non-functioning condition and could not readily be made operable. The owner bears the burden of proving this defense by a preponderance of the evidence. This is the path for deactivated machine guns and similar collector items.

Six NFA categories and how Tennessee handles each

Suppressors (silencers)

Legal in Tennessee with federal NFA registration. Suppressors are the most common NFA item bought by Tennessee residents. The process runs through a Special Occupational Tax (SOT) Class 3 dealer, who submits your Form 4 with fingerprints and a photograph to ATF. After approval, you pick up the suppressor.

Suppressors remain listed at § 39-17-1302(a)(5) as prohibited weapons in Tennessee, but the federal-registration defense in § 39-17-1302(b)(7) covers any silencer "validly registered to the person under federal law." Practitioner sources describe the state status as "decriminalized" so long as federal NFA paperwork is in order. The midsouthgunlawyer summary captures the operative rule: "Silencers have been decriminalized in Tennessee, but still require federal licensing."

Tennessee Wildlife Resources Agency (TWRA) regulates suppressor use for hunting. Suppressors are generally permitted for hunting in Tennessee under TWRA's regulations, subject to species-specific restrictions; confirm the current hunting regulations on the TWRA website before relying on suppressor use afield.

A 2025 civil liability statute (Public Chapter 329, HB0873/SB1360, effective July 1, 2025) added silencers to Tennessee's list of "qualified products" for purposes of civil-immunity protections for firearm sellers and manufacturers. That is a tort-law change, not a criminal-law change, but it reflects a continuing legislative posture that suppressors are lawful consumer products in Tennessee when federally registered.

Federal tax treatment continues to evolve. ATF's 2026 NPRM on NFA marking (91 Fed. Reg., RIN 1140-AA70, comment period through July 6, 2026) proposes allowing makers to adopt certain pre-existing markings to satisfy NFA marking requirements, which affects manufacturers and importers rather than end-users. Tennessee's § 39-17-1302(b)(7) carve-out keys to registration under the NFA, not to the dollar amount of any transfer tax, so state status is unaffected by federal tax changes as long as the item remains registered.

Short-Barreled Rifles (SBRs)

Legal in Tennessee. Federal NFA registration still required. An SBR is a rifle with a barrel less than 16 inches or an overall length less than 26 inches. § 39-17-1301(14).

In 2022 the legislature removed short-barrel rifles and shotguns from the § 39-17-1302(a) list (Pub. Ch. 1038, SB2628/HB2509, effective July 1, 2022). The bill text, as reported on the Tennessee General Assembly subject index, reads: "removes a short-barrel rifle or shotgun from the list of weapons the possession, manufacture, transport, repair, or sale of which is prohibited under state law." Tennessee no longer prohibits SBRs and SBSs at the state level.

Federal NFA registration is still required. The 2022 amendment did not touch federal law; the National Firearms Act continues to require ATF Form 4 (transfer) or Form 1 (owner-built SBR) approval, fingerprints, photographs, the $200 federal transfer tax, and CLEO notification. Practitioner sources flagged that the 2022 change created public confusion, with some buyers incorrectly believing they could bypass federal requirements: "I believe it's a step in the wrong direction... the Tennessee legislature will already be prepared, should the NFA get abolished." Until and unless the NFA is repealed, a Tennessean possessing an unregistered SBR is committing a federal felony.

Pistol-brace configurations: when ATF reclassifies a braced pistol as an SBR, owners who do not have a Form 1 approval on file for the SBR configuration are committing a federal offense. Tennessee law no longer adds a parallel state offense, but federal exposure remains.

Short-Barreled Shotguns (SBSs)

Legal in Tennessee. Federal NFA registration still required. An SBS is a shotgun with a barrel less than 18 inches or an overall length less than 26 inches. § 39-17-1301(14).

The mechanics are the same as for SBRs. Pub. Ch. 1038 (2022) removed SBSs from § 39-17-1302(a). Federal Form 4 (transfer) or Form 1 (manufacture) registration is still mandatory.

Machine guns

Legal in Tennessee with federal NFA registration, but tightly restricted by the federal Hughes Amendment. Machine guns are dual-regulated. The Tennessee rule at § 39-17-1302(a)(3) prohibits machine gun possession. The federal rule at 18 U.S.C. § 922(o) prohibits civilian possession of any machine gun manufactured after May 19, 1986. The combined effect:

• A pre-May 19, 1986 transferable machine gun, properly registered on an approved Form 4, is legal to possess in Tennessee under § 39-17-1302(b)(7).
• A post-May 19, 1986 machine gun is unlawful for civilian possession nationwide and is therefore unlawful in Tennessee. The narrow exception is FFL/SOT dealer samples, governmental entities, and the U.S. military.
• Conversion devices (auto sears, lightning links, "switches," forced-reset triggers ATF treats as machine guns) are themselves machine guns under federal law. Only those registered on the NFRTR before May 19, 1986 are lawful for civilian possession.

Tennessee's machine-gun definition at § 39-17-1301(10) is broader than the federal definition (more than two shots per trigger function in Tennessee versus more than one shot per trigger function federally), but anything that meets the federal definition also meets the broader state definition, so the federal definition controls in practice.

2025 changes. Public Chapter 513 (SB1075/HB1093, effective July 1, 2025) made two significant amendments. First, it expanded the state definition of "machine gun" to include any part, or combination of parts, designed and intended solely for use in converting a firearm into a machine gun. Second, it increased the classification for the intentional or knowing possession, manufacture, transport, repair, or sale of a machine gun from a Class E felony to a Class C felony. A Tennessee conviction for possessing an unregistered "Glock switch" or similar conversion device now carries a Class C felony penalty in addition to the federal felony under 18 U.S.C. § 922(o).

The federal-registration defense in § 39-17-1302(b)(7) still applies. Treat a federally registered pre-1986 machine gun like any other NFA item in Tennessee: keep the stamp, do not let the federal registration lapse, and do not transfer it outside ATF channels.

Destructive devices

Legal in Tennessee with federal NFA registration. Destructive devices include grenades, large-bore firearms (greater than half-inch caliber, excluding most shotguns under federal sporting-purposes determinations), and certain explosives. The federal definition is at 26 U.S.C. § 5845(f).

Tennessee's § 39-17-1302(a)(1) and (a)(2) prohibit explosives and explosive weapons. The § 39-17-1302(b)(7) federal-registration defense, although phrased in terms of "sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer," does not by its terms cover destructive devices. However, § 39-17-1302(b)(2) (lawful commercial transactions with FFLs and military agencies) and (b)(3) (use of an explosive weapon "in a manner reasonably related to a lawful industrial or commercial enterprise") provide pathways for the federally registered destructive-device owner.

The Tennessee statute on destructive devices is the softest area of the NFA framework in this state. The topic archive does not contain a Tennessee Attorney General opinion or court decision directly resolving the status of a federally registered destructive device held by a private collector. Sources flag this as a gap. The conservative reading is that federal Form 4 registration is necessary but may not be sufficient at the state level for a non-commercial private collector. Practitioners considering a destructive-device purchase in Tennessee should consult a Tennessee-licensed firearms attorney before relying on § 39-17-1302(b).

The $200 federal transfer tax applies to destructive devices regardless of state status.

Any Other Weapons (AOWs)

Legal in Tennessee with federal NFA registration. AOWs are the catchall federal category at 26 U.S.C. § 5845(e). They include pen guns, cane guns, smoothbore pistols, certain disguised firearms, and "wallet holsters" that retain a pistol's trigger guard. The federal transfer tax for an AOW is $5, not $200, which is why some collectors specifically pursue them.

Tennessee has no separate AOW category. The federal registration is the operative document. To the extent an AOW also fits the definition of a "firearm silencer" or otherwise falls within § 39-17-1302(a), § 39-17-1302(b)(7) supplies the state-law defense.

How to buy or build an NFA item in Tennessee

The process is identical to other federally-deferring states:

1. Pick the item and the dealer. Most Tennessee suppressor and SBR buyers go through a Special Occupational Tax (SOT) Class 3 dealer with an in-state physical FFL. The dealer holds the item until your Form 4 is approved.
2. Decide individual or trust. Individual ownership is simpler; trust ownership lets multiple "responsible persons" use the item lawfully and simplifies estate transfer. Under ATF Rule 41F (effective 2016), all responsible persons in a trust submit fingerprints and photos.
3. Complete the ATF paperwork. Form 4 for transfers, Form 1 for owner-built SBRs and SBSs. Required attachments: fingerprints on FBI Form FD-258, passport-style photographs, and a notice copy to the chief law enforcement officer (CLEO) of your jurisdiction.
4. Pay the federal tax. Effective January 1, 2026, P.L. 119-21 (the One Big Beautiful Bill Act, enacted July 4, 2025) reduced the NFA making and transfer tax to $0 for silencers, short-barreled rifles, short-barreled shotguns, and any-other-weapons (AOWs). The tax remains $200 for machine guns and destructive devices. Always confirm the current amount on the ATF eForms portal before filing.
5. Wait for ATF approval. Times vary year to year. eForms submissions have been processed in days to weeks in recent cycles; paper submissions have historically taken months.
6. Pick up the item. Bring photo ID and the approved tax stamp (and trust paperwork, if applicable) to the dealer.

Tennessee has no state-specific add-on. There is no Tennessee Bureau of Investigation registration of NFA items, no separate state training requirement, and no probate filing for individually owned items.

Cross-references to other Tennessee restrictions

Lawful NFA ownership does not override Tennessee's other firearm rules:

• Prohibited persons. Tenn. Code § 39-17-1307(b) and 18 U.S.C. § 922(g) prohibit convicted felons, those convicted of misdemeanor crimes of domestic violence, those subject to qualifying protective orders, unlawful drug users, and others from possessing any firearm, including a federally registered NFA item.
• Location restrictions. A registered SBR or suppressor does not become legal to carry into a courthouse, K-12 school, school bus, school-sponsored event, or other location restricted under §§ 39-17-1306, 39-17-1309, 39-17-1311, or 39-17-1359. NFA status is about federal manufacture and transfer, not about where you may carry.
• Public parks. Section 39-17-1311(a) prohibits possession of weapons listed in § 39-17-1302(a) on or in public parks and other municipal, county, or state recreational property. The permit-holder carve-out at § 39-17-1311(b) covers concealed handguns; it does not authorize open carry of an SBR or suppressed rifle in a public park.
• Going armed. Section 39-17-1307(b)(1) criminalizes carrying a firearm with intent to go armed. Tennessee's constitutional-carry statute at § 39-17-1307(g) covers handguns only and does not authorize public carry of a machine gun, SBR, SBS, or other NFA long gun.
• Federal interstate transport. Permanent moves of registered NFA items across state lines require ATF Form 5320.20 approval for machine guns, SBRs, SBSs, and destructive devices. Suppressors and AOWs are generally exempt from this notification. Temporary transport for sporting purposes is allowed under federal FOPA-like protections, subject to the pass-through state's law.
• Sentencing enhancements. Tennessee has separate sentencing enhancements for using a firearm during the commission of certain felonies under § 39-17-1324, on top of the federal § 924(c) enhancement when an NFA item is used in a federal crime.

What is not NFA in Tennessee

Standard semi-automatic rifles (AR-15, AK-pattern), standard pistols, standard shotguns with barrels 18 inches or longer, and standard rifles with barrels 16 inches or longer are not NFA items. Tennessee has no "assault weapon" ban that reclassifies them. The state constitutional carry statute at § 39-17-1307(g) and the Enhanced and Concealed permit framework at §§ 39-17-1351 and 39-17-1366 cover handgun carry; long guns are governed by the general going-armed and prohibited-weapon framework.

Body armor is not NFA. Tennessee has no state body-armor possession ban for non-prohibited adults (federal 18 U.S.C. § 931 bars violent-felony convicts from possessing body armor).

Loss, theft, and inheritance

NFA-specific reporting rules sit at the federal level and apply equally in Tennessee:

• Loss or theft. Report to ATF on Form 3310.11 within 48 hours, plus a local law-enforcement report. Failure to notify can support a federal conviction.
• Destruction or disposal. ATF approval is required. You cannot lawfully discard an NFA item in the trash, and a private buyer cannot lawfully acquire it without an approved Form 4.
• Inheritance. A trust passes the item under its succession provisions. An individually owned NFA item passes through a Form 5 (tax-free transfer to a lawful heir). The heir must be eligible to possess the item under federal and Tennessee law and must complete the Form 5 process before taking custody.

Ambiguity and risk notes

• The federal-registration defense at § 39-17-1302(b)(7) is phrased in terms of "sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer." With SBRs and SBSs removed from § 39-17-1302(a) by Pub. Ch. 1038 (2022), the operative defense for the registered Tennessee owner runs to machine guns and silencers. The destructive-device pathway runs through § 39-17-1302(b)(2) and (b)(3) rather than (b)(7); sources do not give a clean rule for a non-commercial private DD collector, and a Tennessee firearms attorney should be consulted before a DD purchase.
• The 2025 expansion of "machine gun" to include conversion parts (Pub. Ch. 513) and the increase to a Class C felony are significant. Auto-sear-equivalent conversion devices ("Glock switches," forced-reset triggers ATF deems machine guns, lightning links, etc.) that have been newly classified as machine guns under federal law are also newly classified as machine guns under expanded Tennessee law. Owners of any post-1986 conversion device cannot register it federally and cannot rely on § 39-17-1302(b)(7) at the state level.
• Tennessee's machine gun definition at § 39-17-1301(10) (more than two shots per trigger function) is broader than the federal definition (more than one shot per trigger function). Practitioners flag this footnote, but federal law strictly governs anything that fires more than one shot per trigger pull.
• ATF's pending 2026 NFA-marking rule (RIN 1140-AA70) affects manufacturers and importers, not consumers, and does not change Tennessee status. Track the final rule when published.
• Pistol-brace reclassifications by ATF have moved repeatedly. Confirm the current federal status before relying on a braced configuration.

When to confirm before acting

NFA law moves on two tracks. The federal track changes whenever Congress modifies 26 U.S.C. Chapter 53 or ATF issues a rule (the 2026 marking NPRM and pistol-brace reclassifications are recent examples). The Tennessee track changes when the General Assembly amends § 39-17-1301 or § 39-17-1302 (the 2022 SBR/SBS removal and the 2025 machine-gun amendments are recent examples). Before buying, building, or transporting an NFA item, confirm:

• The current ATF tax and processing status on the ATF eForms portal.
• The current Tennessee Code at § 39-17-1301 and § 39-17-1302 via the General Assembly's published TCA or Justia mirror.
• Any new ATF rule that may reclassify your configuration (especially for pistol braces, forced-reset triggers, and solvent-trap kits).

When the law is in flux, an approved tax stamp on file and a current copy of the federal registration with the item remain the surest defense at both the federal and Tennessee state levels.

Statute reference table

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Federal context

Bump stocks - Garland v. Cargill (2024). In Garland v. Cargill, 602 U.S. ___ (2024), the U.S. Supreme Court struck down the federal regulation classifying bump stocks as machineguns under the National Firearms Act. As a matter of FEDERAL law, bump stocks are no longer NFA-regulated. State law may still independently restrict bump stocks; consult your state's RESTRICTIONS section for any state-level bump-stock prohibition.

P.L. 119-21 NFA tax (2026). Effective January 1, 2026, P.L. 119-21 (the One Big Beautiful Bill Act, signed July 4, 2025) reduced the federal NFA making and transfer tax to $0 for silencers, SBRs, SBSs, and AOWs. Machine guns and destructive devices retain the $200 tax. The federal registration requirements (Form 1 / Form 4, fingerprints, photographs, CLEO notice) remain unchanged.