Understanding Eligibility: Who Can Own a Handgun in Tennessee?
Age Requirements
A crucial factor is age. You must be at least years of age to legally purchase a handgun from a licensed firearms dealer in Tennessee. While you might be allowed to handle and even possess a handgun under supervision for specific activities, the legal threshold for ownership and independent purchase remains at years old.
Residency
Tennessee law also requires that you be a resident of the state. Residency is typically established by proving that Tennessee is your primary place of residence. This can often be verified through a driver’s license, state identification, or other official documents that display your physical address in Tennessee. If you’re not a Tennessee resident, purchasing a handgun in Tennessee might be restricted, as federal and state laws often mandate that handguns be purchased in the buyer’s state of residence.
Legal History and Background Checks: Are You Qualified?
The law has strict measures to prevent individuals who may pose a danger to themselves or others from owning firearms. A comprehensive background check is a mandatory part of the purchase process.
The National Instant Criminal Background Check System (NICS) is the backbone of the background check process. When you attempt to purchase a handgun from a licensed dealer, that dealer will contact the NICS. The NICS then checks your record against a database of individuals who are legally prohibited from owning firearms. These prohibitions typically include:
- Conviction of a felony or certain misdemeanor crimes.
- Domestic violence convictions.
- Restraining orders related to domestic violence.
- Being an unlawful user of, or addicted to, any controlled substance.
- Adjudication as a mental defective or commitment to a mental institution.
It’s imperative to answer all questions accurately on the ATF Form 4473, the form you’ll fill out when purchasing a firearm. Providing false information is a federal crime, and can have serious consequences, including imprisonment and the loss of your right to own firearms in the future.
The Purchase Process: Acquiring Your Handgun in Tennessee
Where to Buy
The primary location for legally buying a handgun in Tennessee is through a licensed firearms dealer (FFL). These dealers are regulated by the federal government and are authorized to conduct background checks. Local gun shops, sporting goods stores, and pawn shops are common examples of FFLs.
Private sales also exist, but these are often less regulated. While Tennessee law does not currently require private sellers to conduct background checks on buyers, exercising caution is highly recommended. While it’s legal, a private seller should, at minimum, request to see the buyer’s valid photo identification and any other documents proving the buyer isn’t prohibited from possessing a handgun.
Purchasing at a Licensed Dealer
The process at an FFL is generally as follows:
- Choosing Your Handgun: Research and select the handgun that best suits your needs. This could involve considering caliber, size, intended purpose (self-defense, target shooting), and ergonomics.
- Filling Out Form 4473: The dealer will provide you with the ATF Form 4473, a federal form that requires you to provide personal information and answer questions relating to your eligibility. Answer these questions truthfully.
- Background Check: The dealer will initiate the NICS background check. This can take a few minutes, but it sometimes takes longer if the system requires additional verification.
- Waiting Period: In Tennessee, there is generally no mandatory waiting period for handgun purchases. If the background check is successful, you can usually take possession of the handgun right away. However, specific counties or local jurisdictions may have ordinances that introduce waiting periods.
- Payment and Transfer: Once the background check is cleared, you can complete the purchase and take possession of the handgun.
Private Sales: What You Need to Know
While private sales are legal in Tennessee, they often involve a higher degree of risk. There is no background check conducted by the seller. While not required by law, a private seller might consider asking for documentation proving the buyer’s ability to legally possess a firearm. A bill of sale documenting the sale is highly recommended to help protect both the buyer and the seller.
Handgun Permits: Are They Necessary?
Types of Permits
Tennessee offers several types of permits:
- Concealed Carry Permit: Allows you to carry a handgun concealed on your person.
- Enhanced Handgun Carry Permit: This permit offers the same benefits as a concealed carry permit, with the added advantage of increased reciprocity with other states, meaning your permit is recognized in more places.
- Handgun Carry Permit for Military Personnel: Specifically designed for members of the military, offering them certain considerations related to obtaining their permit.
Benefits of a Handgun Permit
Beyond the ability to carry a handgun concealed, a permit brings additional advantages. Permit holders are often exempt from background checks when purchasing a handgun from a licensed dealer. This streamlines the process and saves time. Furthermore, having a permit can also influence how law enforcement views your actions in self-defense situations, and it can offer reciprocity with other states.
Obtaining a Handgun Carry Permit
The process of obtaining a handgun carry permit includes several steps:
- Eligibility Requirements: You must meet the same eligibility requirements as for purchasing a handgun, with the addition of other requirements that vary depending on the type of permit you are applying for.
- Application Process: You’ll need to fill out an application form with the Tennessee Department of Safety and Homeland Security.
- Required Training: Tennessee requires you to complete a handgun safety course approved by the state. This course covers topics such as safe gun handling, marksmanship, and Tennessee law.
- Fingerprinting and Background Checks: The Department of Safety will conduct a thorough background check, including fingerprinting.
- Permit Validity and Renewal: Permits are generally valid for a period of time and must be renewed. Renewal processes involve similar requirements, including background checks.
After the Purchase: Important Considerations
Safe Storage: Securing Your Handgun
Secure storage is essential. It’s crucial to protect your handgun from theft, misuse, and accidental discharge. Consider using a gun safe, lock box, or other secure storage devices. While Tennessee does not have specific laws mandating safe storage, it’s considered a matter of responsible gun ownership and is crucial for preventing accidents and unauthorized access.
Transportation: Carrying Your Handgun Safely
When transporting your handgun, make sure to follow all applicable Tennessee laws. Generally, if you do not have a permit, the handgun must be unloaded and stored in a case or other container. If you possess a valid handgun carry permit, you are usually able to carry the handgun concealed.
Handgun Safety and Training: Continuous Learning
Never stop learning. Consider regular training with qualified instructors. Seek out advanced courses to hone your skills, and regularly practice at a shooting range. This practice will help you become proficient in safe gun handling and marksmanship.
Self-Defense Laws: Know Your Rights
It’s imperative to understand Tennessee’s self-defense laws. Tennessee has a “stand your ground” law and also a “castle doctrine” that allow individuals to use deadly force in certain situations to protect themselves or others from imminent threats. However, self-defense laws are complex and vary, so consult with a legal professional.
Addressing Common Questions
There are several common questions about buying a handgun in Tennessee.
Can You Buy a Handgun at Years Old in Tennessee?
No, the minimum age for purchasing a handgun in Tennessee is years old.
Are There Waiting Periods?
Generally, there is no mandatory waiting period in Tennessee.
Do I Need a Permit to Buy a Handgun in Tennessee?
No, you do not need a permit to *purchase* a handgun in Tennessee. However, a permit provides numerous benefits, including the ability to carry concealed and exemption from background checks for future purchases.
