Giffords Law Center to Prevent Gun Violence. 2024 ‘Domestic Violence & Firearms in Tennessee.’ Who Can Have a Gun. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 22 December

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Domestic Violence and Firearms in Tennessee

In 2009, Tennessee enacted a ground-breaking law directly addressing the issue of firearms in the hands of domestic abusers, as described below.

Firearm Prohibitions for Domestic Violence Misdemeanants

Tennessee prohibits the carrying or possession of a firearm by any person convicted of a misdemeanor crime of domestic violence who is still subject to the disabilities of such a conviction. Federal law prohibits the purchase and possession of firearms and ammunition by persons who have been convicted in any court of a misdemeanor crime of domestic violence.

Persons convicted of domestic assault must terminate possession of all firearms the person owns or possesses.

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

The 2009 Tennessee law prohibits the carrying or possession of a firearm while subject to an order of protection "that fully complies with 18 U.S.C. § 922(g)(8)" (the federal law prohibiting firearm possession by an abuser subject to a protective order).

The Tennessee law provides that persons obtaining a domestic violence order of protection may seek an order that prohibits a respondent from purchasing or possessing a firearm. The Tennessee Administrative Office of the Courts was required to revise the petition for an order of protection to fully advise the respondent that:

- If the order of protection is granted in a manner that fully complies with 18 U.S.C. § 922(g)(8), the respondent is required to terminate physical possession of all firearms possessed by respondent by any lawful means, such as transfer to a third party who is not prohibited from possessing firearms, within 48 hours of the granting of the order;
- It is a criminal offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) to possess a firearm while that order is in effect; and
- The issuance of an order of protection may terminate, or at least suspend, the individual's ability to purchase or possess a firearm.

In Tennessee, an order of protection must state, on its face:

- That the respondent is required to dispossess himself or herself, by any lawful means, of all firearms in his or her possession within 48 hours of the issuance of the order;
- That the respondent is prohibited from possessing a firearm for so long as the order of protection or any successive order of protection is in effect, and may reassume possession of the dispossessed firearm at such time as the order expires or is otherwise no longer in effect; and
- Notice of the penalty for failing to comply with state laws regarding the possession of firearms when subject to an order of protection for domestic violence.

The court must then order and instruct the respondent:

- To terminate the respondent's physical possession of the firearms in his or her possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, within 48 hours;
- To complete and return the affidavit of firearm dispossession form the court may provide the respondent or direct the respondent to the administrative office of the courts' web site; and
- That if the respondent possesses firearms as business inventory or that are registered under the National Firearms Act, there are additional statutory provisions that may apply which the court must include in the content of its order.

Tennessee prohibits any person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) to knowingly fail to surrender or transfer all firearms the respondent possesses.

Removal or Surrender of Firearms When Domestic Violence Protective Orders Are Issued

The 2009 Tennessee law requires an individual subject to a domestic violence protection order to surrender all firearms by, for example, transferring them to a third party who may lawfully possess firearms.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

In Tennessee, law enforcement officers that have probable cause to believe a criminal offense involving domestic abuse against a victim has occurred must seize all firearms that the alleged abuser may have used or threatened to use in the commission of a domestic abuse crime.

During the arrest of an alleged abuser for a crime of domestic abuse against a victim, law enforcement officers may also seize any firearm in plain view of the officer or discovered pursuant to a consensual search if necessary for the protection of the officer or other persons.

If multiple weapons are seized, a prosecuting court has authority to confiscate only the weapon or weapons actually used or threatened to be used by the abuser to commit the crime…

[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]

Last accessed at:
https://giffords.org/lawcenter/state-laws/domestic-violence-and-firearms-in-tennessee/

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