Ownership of Class III / NFA weapons is legal in Tennessee
Tennessee law does not prohibit the ownership, possession or use of Class III weapons so long as the individual complies with federal law relative to ownership.
The Tennessee statute which authorizes private ownership of Class III or NFA weapons in Tennessee is Section 39-17-1302, which provides a defense to a criminal charge of possession of a “prohibited weapon”. Section 39-17-1302 (as of July 1, 2017) provides, in relevant part:
39-17-1302. Prohibited weapons. —
(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:
(1) An explosive or an explosive weapon;
(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:
(1) An explosive or an explosive weapon;
(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;
(3) A machine gun;
(4) A short-barrel rifle or shotgun;
(5) Hoax device;
(6) Knuckles; or
(7) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.
(b) It is a defense to prosecution under this section that the person’s conduct:
(1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;
(2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1);
(3) Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;
(4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;
(5) Was incident to displaying the weapon in a public museum or exhibition; or
(6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1).
(c) It is an affirmative defense to prosecution under this section that the person must prove by a preponderance of the evidence that:
(1) The person’s conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(4), that it was in a nonfunctioning condition and could not readily be made operable; or
(2) The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.
(d) It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance with the requirements of the National Firearms Act (26 U.S.C. §§ 5841-5862).
(e) Subsection (a) shall not apply to the possession, manufacture, transportation, repair, or sale of an explosive if:
(1) The person in question is eighteen (18) years of age or older; and
(2) The possession, manufacture, transport, repair, or sale was incident to creating or using an exploding target for lawful sporting activity, as solely intended by the commercial manufacturer.
(f)(1) An offense under subdivision (a)(1) is a Class B felony.
(2) An offense under subdivisions (a)(2)-(4) is a Class E felony.
(3) An offense under subdivision (a)(5) is a Class C felony.
(4) An offense under subdivisions (a)(6)-(7) is a Class A misdemeanor.
TFA writes legislation to help process Class III transfers
One issue that citizens of many states face is the fact that the BATF forms which are necessary to complete a transfer of ownership of a Class III or NFA weapon (or to make certain Class III weapons) ostensibly requires that a local chief law enforcement officer sign the transfer forms. In Tennessee, this is normally the sheriff of the individual’s county of residence (in Davidson County it is however the Chief of Police).
However, some Tennessee law enforcement officers were unaware of the federal requirement and/or took the position that they were not required by law to sign these federal forms. In response to that problem, TFA helped write and pass a law which now requires Tennessee’s chief law enforcement officers to cooperate in the completion of the BATF forms:
39-17-1361. Execution of documents by sheriff or chief of police. —
(a) As used in this section:
(1) “Certification” means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm;
(2) “Chief law enforcement officer” or “officer” means any official, or the official’s designee, that the federal bureau of alcohol, tobacco, firearms and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm; and
(3) “Firearm” has the same meaning as provided in the National Firearms Act (26 U.S.C. § 5845(a)).
(b) When a chief law enforcement officer’s certification is required by federal law or regulation for the transfer or making of a firearm, the officer shall, within fifteen (15) days of receipt of a request for certification, provide such certification if the applicant is not prohibited by law from receiving or possessing the firearm, including pursuant to § 39-17-1316, and is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing the firearm. If the officer is unable to make a certification as required by this section, the officer shall provide the applicant a written notification of the denial and the reason for this determination.
(c) An officer shall not be required by this section to make any certification the officer knows to be untrue, but the officer may not refuse to provide certification based on a generalized objection to private persons or entities making, possessing, or receiving firearms or any certain type of firearm the possession of which is not prohibited by law.
(d) An officer and the officer’s employees who act in good faith are immune from civil liability arising from any act or omission in making a certification as required by this section.
(e) An applicant whose request for certification is denied may appeal the officer’s decision to the circuit court or chancery court that is located in the jurisdiction in which the applicant resides or maintains its address of record. The court shall review the officer’s decision to deny the certification de novo. If the court finds that the applicant is not prohibited by law from receiving or possessing the firearm and is not the subject of a proceeding that could result in such prohibition and that no substantial evidence supports the officer’s determination that the officer cannot truthfully make the certification, the court shall order the officer to issue the certification.
(f) In making the determination required by subsection (b), an officer may conduct a criminal background check and may require of the applicant only the information that is necessary to identify the applicant for that purpose or to determine the disposition of an arrest or proceeding relevant to the applicant’s eligibility to lawfully possess or receive a firearm. An officer may not require access to or inspection of any private residential premises as a condition of granting an application under this section.
[effective April 20, 2015.]