Tennessee defers to federal law on National Firearms Act items. Suppressors, short-barrel rifles (SBRs), short-barrel shotguns (SBSs), machine guns,...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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.
Tenn. Code § 39-17-1302(a) is the operative prohibition. As of 2026 it reaches:
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:
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:
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.
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.
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.
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.
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:
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.
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.
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.
The process is identical to other federally-deferring states:
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.
Lawful NFA ownership does not override Tennessee's other firearm rules:
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).
NFA-specific reporting rules sit at the federal level and apply equally in Tennessee:
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:
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 or rule | What it does (NFA angle) |
|---|---|
| Tenn. Code § 39-17-1301 | Definitions: "firearm," "machine gun" (more than two shots per trigger function), "short barrel" (less than 16" rifle, less than 18" shotgun, or less than 26" overall) |
| Tenn. Code § 39-17-1302(a) | Prohibited-weapons list: machine guns, firearm silencers, explosives and explosive weapons; SBRs and SBSs removed by Pub. Ch. 1038 (2022) |
| Tenn. Code § 39-17-1302(b)(1)-(2) | Defense for military, law enforcement, penal, and lawful commercial transactions |
| Tenn. Code § 39-17-1302(b)(7) | Federal-registration defense: NFRTR-registered machine guns, silencers, sawed-off rifles/shotguns; owner must retain proof of registration |
| Tenn. Code § 39-17-1302(c)(1) | Affirmative defense for non-functioning curio/ornament/keepsake possession |
| Tenn. Code § 39-17-1302(d) | Penalty grades: Class C felony for machine guns (post-Pub. Ch. 513, 2025); Class E felony for other (a)(1)-(5) items; Class A misdemeanor for (a)(6)-(8) |
| Pub. Ch. 1038 (2022, SB2628/HB2509) | Removed short-barrel rifles and shotguns from § 39-17-1302(a), effective July 1, 2022 |
| Pub. Ch. 513 (2025, SB1075/HB1093) | Expanded "machine gun" to include conversion parts; raised possession from Class E to Class C felony, effective July 1, 2025 |
| Pub. Ch. 329 (2025, HB0873/SB1360) | Added silencers to "qualified products" for civil-liability protection of sellers and manufacturers, effective July 1, 2025 |
| 26 U.S.C. §§ 5841-5862 | National Firearms Act; NFRTR registration, Form 1/Form 4/Form 5, transfer tax |
| 18 U.S.C. § 922(o) | Hughes Amendment: civilian possession of post-May 19, 1986 machine guns prohibited |
| 27 CFR Part 479 | ATF NFA regulations: machine guns, destructive devices, and certain other firearms |
| ATF NPRM, RIN 1140-AA70 (May 2026) | Proposed NFA-marking rule; comments due July 6, 2026; affects manufacturers and importers |
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.
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