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Transferring firearm ownership in the state of Tennessee requires an understanding of federal and state laws to ensure compliance and a smooth transaction. Whether purchasing from a federal firearms license holder (FFL) or conducting a private sale, buyers and sellers must follow the appropriate legal steps under Tennessee state regulation and United States law. Knowing the process, restrictions, and requirements is essential for FFLs in the state.
Federal Firearm Requirements
FFLs in Tennessee must meet the same federal regulations as dealers in every other state. When purchasing a firearm through an FFL dealer, buyers must complete ATF Form 4473, which serves as an official record of the firearm transfer and confirms the buyer’s eligibility to purchase a gun. This form collects essential details, including the buyer’s personal information, firearm details, and background check results. Submitting false information on Form 4473 is a federal offense and can result in serious legal penalties, including fines and imprisonment.
In addition to completing Form 4473, all firearm purchasers must undergo a background check to ensure they are legally permitted to own a firearm and comply with Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations. The FFL dealer is responsible for verifying the buyer’s identity, running the background check, and properly recording the transaction before finalizing the sale. Failure to comply with these regulations can lead to consequences from law enforcement, including criminal charges, license revocation, and fines for the dealer.
Gun Laws in Tennessee
Tennessee is a Point of Contact (POC) state, meaning that instead of using the National Instant Criminal Background Check System (NICS) operated by the FBI, a state law enforcement agency conducts all firearm background checks within the state. In Tennessee, the Tennessee Bureau of Investigation (TBI) conducts these checks. This ensures that the state maintains full oversight of firearm transactions involving an FFL. All firearm transfers in Tennessee that involve an FFL dealer, including handgun and long gun transfers, require a background check performed by TBI through the Tennessee Instant Check System (TICS).
Unlike some states that impose strict regulations on private gun sales, Tennessee does not regulate private firearm sales between two legal gun owners. As long as neither party is a prohibited person and both of them meet the legal requirements for firearm ownership, a private seller can conduct a transaction without requiring an FFL or background check. However, this exemption applies only to in-state transactions. Any firearm transfer across state lines must be processed through a licensed dealer.
Additionally, Tennessee has no state-specific firearm restrictions beyond those required at the federal level. This means that gun owners in Tennessee must comply with all federal firearm regulations but do not face additional state-imposed restrictions on firearm ownership or transfers.
Tennessee Instant Check System (TICS)
The Tennessee Instant Check System, or the TICS, refers to the process of the background checks performed on prospective gun buyers by the TBI. In operation since 1998, the TICS serves as the primary screening tool for prospective gun buyers in the state. It is used to verify an applicant’s eligibility by examining their background and checking for prior criminal charges, mental illness records, substance abuse, or other factors that would disqualify them from owning a firearm. If an applicant is flagged during the TICS check, the system may issue a delayed or denied response, requiring further investigation before approval or rejection.
One advantage of TICS is that it integrates both state and federal databases, ensuring that Tennessee firearm dealers comply with all legal requirements while streamlining the background check process.
Steps to Transfer Ownership of a Firearm in Tennessee: Step-by-Step
If you are transferring a firearm in Tennessee through an FFL dealer, here are the steps you’ll need to follow:
- Verify Buyer Eligibility: The FFL dealer must confirm that the buyer is legally allowed to own a firearm. This includes checking their age, criminal history, and any potential disqualifications under state and federal law.
- TBI Background Check: The buyer must undergo a background check through TICS, which is conducted by the Tennessee Bureau of Investigation. The check helps determine whether the buyer meets legal firearm ownership requirements.
- Form 4473 Completion: The buyer fills out ATF Form 4473, which records key transaction details, including the firearm’s make, model, and serial number, along with the buyer’s personal information.
- Complete and Record Transfer: Once the buyer successfully passes the background check, the FFL dealer finalizes the sale, records the transfer in their logbook, and ensures compliance with ATF regulations.
Following these steps helps prevent illegal firearm sales and ensures that every transaction is legally documented and traceable.
Exclusions Under State and Federal Law
While most legal gun owners in Tennessee can buy or transfer firearms without additional restrictions, there are specific exclusions under both state and federal law:
- NFA Firearms: Firearms regulated under the National Firearms Act (NFA), such as silencers, machine guns, and short-barreled rifles, require additional federal paperwork, approval from the ATF, and a $200 tax stamp before ownership can be transferred.
- Prohibited Persons: Under federal law, certain individuals are barred from purchasing or possessing firearms, including those convicted of felonies, domestic violence offenders, individuals with mental health adjudications, and fugitives from justice.
- Intoxicated Persons: Tennessee law prohibits the transfer of firearms to individuals who are under the influence of alcohol or drugs at the time of purchase, ensuring that firearms are not sold to impaired individuals.
Understanding these restrictions is crucial for both buyers and sellers to remain compliant with firearm laws in Tennessee.
Transferring Firearm Ownership in Tennessee with FastBound
Whether you’re purchasing from an FFL dealer or conducting a private sale, understanding the legal steps in Tennessee helps ensure a smooth and compliant firearm transfer. Keeping up with state and federal regulations can be time-consuming and complicated, but technology can simplify the process. FastBound provides a seamless solution for FFL dealers looking for an efficient, compliant, and reliable firearm transaction process.
FastBound automates the entry of firearms and, where applicable, the buyer’s personal information into the NICS and the TICS. This not only reduces paperwork for FFLs but also ensures accuracy and compliance, minimizing the risk of errors that could delay sales.
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