Minimum Age to purchase a handgun in TN

[RottenBlood]

I’m certain that this has been covered before but I can’t find where. My daughter wants to graduate to her own handgun and knows which one she wants but I’ve searched high and low and can’t find a clear answer anywhere what the minimum age to purchase and possess is. If anyone knows or can point me to a web page that spells it out that would be great. I know she’s too young for a carry permit, I’m just asking about purchasing and keep at home unless heading to the range. Thanks!

 

 

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[Chucktshoes]

To purchase from an FFL (licensed dealer) federal law requires the buyer to be 21. If buying from a private party, it is legal in TN to purchase and possess at 18. 

[xsubsailor]

 

https://gun.laws.com/state-gun-laws/tennessee-gun-laws

[RottenBlood]

To purchase from an FFL (licensed dealer) federal law requires the buyer to be 21. If buying from a private party, it is legal in TN to purchase and possess at 18. 

Thank you. I read that as well but it wasn’t making good sense so I wanted a little validation.

Thanks!


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[chances R]

2 hours ago, xsubsailor said:

 

https://gun.laws.com/state-gun-laws/tennessee-gun-laws

IMO, a terrible and confusing article.

Several points:

18yo may possess a handgun in their home and/or auto or on their private property.  Other considerations may come into play.

One point mentions gun being unloaded at home, not so.

Also with a HCP, one may have a handgun during an Archery hunt.

Furthermore, an 18 - 20 yo with military credentials will generally be able to obtain a HCP

 

[DaveTN]

The confusion comes into play because of Federal law. FFL’s are required to abide by both state and Federal laws. When crossing state lines or selling to a resident of another state they are required to abide by Federal law, laws of the state they are in, and laws of the state the buyer is from.

It is illegal under Federal for a FFL to sell a handgun to someone under 21. Tennessee state law only requires that they be 18 on a private sale between Tennessee residents.

It’s one of the many reasons I require a bill of sale and ID. I hold a C&R I am not allowed to sell a handgun to someone under 21 on a private sale even though state law allows it.

[RottenBlood]

The confusion comes into play because of Federal law. FFL’s are required to abide by both state and Federal laws. When crossing state lines or selling to a resident of another state they are required to abide by Federal law, laws of the state they are in, and laws of the state the buyer is from.
It is illegal under Federal for a FFL to sell a handgun to someone under 21. Tennessee state law only requires that they be 18 on a private sale between Tennessee residents.
It’s one of the many reasons I require a bill of sale and ID. I hold a C&R I am not allowed to sell a handgun to someone under 21 on a private sale even though state law allows it.

See why I asked the question! Very confusing. Thanks!


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[gregintenn]

On 2/17/2018 at 7:31 PM, DaveTN said:

The confusion comes into play because of Federal law. FFL’s are required to abide by both state and Federal laws. When crossing state lines or selling to a resident of another state they are required to abide by Federal law, laws of the state they are in, and laws of the state the buyer is from.

It is illegal under Federal for a FFL to sell a handgun to someone under 21. Tennessee state law only requires that they be 18 on a private sale between Tennessee residents.

It’s one of the many reasons I require a bill of sale and ID. I hold a C&R I am not allowed to sell a handgun to someone under 21 on a private sale even though state law allows it.

I always wondered why there was an age discrepancy between a private and dealer handgun sale. That explains it well. Thanks.

[Wingshooter]

Good to know stuff. My daughter is 18

[Garufa]

On 2/17/2018 at 8:20 PM, chances R said:

18yo may possess a handgun in their home and/or auto or on their private property.  Other considerations may come into play.

That might not be entirely accurate:

I'll not post the entire chapter but TN law states:

39-17-1307. Unlawful carrying or possession of a weapon

(e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person:

• (A)  Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and.....

 

18 U.S. Code § 922 - Unlawful acts

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

       (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

 

My interpretation of all that is someone under 21 years of age may NOT keep a loaded handgun in their car in this state for those who are looking at it that way.

 

 

 

 

 

[DaveTN]

12 minutes ago, Garufa said:

That might not be entirely accurate:

I'll not post the entire chapter but TN law states:

39-17-1307. Unlawful carrying or possession of a weapon

(e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person:

• (A)  Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and.....

 

18 U.S. Code § 922 - Unlawful acts

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

       (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

 

My interpretation of all that is someone under 21 years of age may NOT keep a loaded handgun in their car in this state for those who are looking at it that way.

 

 

 

 

 

I brought that up before. The issues is that’s not (g). I think a cop or a Prosecutor could roll with it, that’s why I said it would probably depend on how the gun became an issue.

Edited February 19, 2018 by DaveTN

[Oh Shoot]

8 hours ago, Garufa said:

That might not be entirely accurate:

I'll not post the entire chapter but TN law states:

39-17-1307. Unlawful carrying or possession of a weapon

(e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person:

• (A)  Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and.....

 

18 U.S. Code § 922 - Unlawful acts

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

       (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

 

My interpretation of all that is someone under 21 years of age may NOT keep a loaded handgun in their car in this state for those who are looking at it that way.

Well, if you want to take that to logical extension, the 18 year old's behavior is not prohibited by that clause, only the dealer's.

edit: but as mentioned in posts below (I missed it), you're quoting section (b), not (g) as the TN statute says.

- OS

Edited February 20, 2018 by Oh Shoot

[tacops]

I remember when the agency I was with hired an Officer that was under 19.  He attended TLETA and became a commissioned Officer.  He had to ask other Officers to buy ammo for him to go to the range.  It was hard on him.

[RottenBlood]

That might not be entirely accurate:
I'll not post the entire chapter but TN law states:

39-17-1307. Unlawful carrying or possession of a weapon

(e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person:

• licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
  firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;   My interpretation of all that is someone under 21 years of age may NOT keep a loaded handgun in their car in this state for those who are looking at it that way.  
   
   
   
   
  

So to sum up, unless she’s 21 or older, she can only possess at home. No car, no purse, no nothing. Correct


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[JayC]

1 hour ago, RottenBlood said:

So to sum up, unless she’s 21 or older, she can only possess at home. No car, no purse, no nothing. Correct


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IANAL but the law is very clear.

Short answer is she can legally in her car, but not walking around in public.  But read below for a more detailed version.

Any person over the age of 18 may legally purchase a handgun in TN as long as their not otherwise a 'prohibited' person, such as a drug user, convicted felon, etc - The same things that would prevent you or I from lawfully owning a firearm.

Assuming above is true, under 39-17-1307 she may legally possess it in her car while loaded.  The plan reading of state law is clear and there isn't any known case law on the subject, so the short answer is they can.  They can also have a loaded rifle or shotgun in their vehicle per state law.  She can also carry the firearm at her residence, her place of business, or any other property she owns within TN.

She can NOT take advantage of the 'parking lot law', and the 'school exception' those are limited to HCP holders.

The confusion above is from people quoting the WRONG portion of Federal Law 922b is not 922g and therefore isn't on point for this discussion.  922g just lists all the ways somebody can become a prohibited person (DV, mental adjudication, felon, illegal alien, etc) and doesn't mention AGE at all.  Even though 39-17-1316 is referenced to include all of USC 922, nothing in 922 prohibits an 18 year old from purchasing a handgun, only prohibiting an FFL from transferring a handgun to somebody under 21, remember the wording is key.

It's good to see more people quoting laws, but quoting the wrong law causes a lot of confusion.  

Edited February 20, 2018 by JayC

[chances R]

And then let's not forget the stipulation that 18 yo military personnel qualify to obtain a HCP in TN.  922g simply prohibits minors from possessing a handgun.  You can't tell me that an 18 yo cannot possess a handgun legally in their own home, and by extension their auto.

[JayC]

2 hours ago, Garufa said:

That might not be entirely accurate:

I'll not post the entire chapter but TN law states:

39-17-1307. Unlawful carrying or possession of a weapon

(e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person:

• (A)  Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and.....

 

18 U.S. Code § 922 - Unlawful acts

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

       (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

 

My interpretation of all that is someone under 21 years of age may NOT keep a loaded handgun in their car in this state for those who are looking at it that way.

You're reading the wrong section of federal law, scroll down a little more to 922g - https://www.law.cornell.edu/uscode/text/18/922

922g just lists all the standard 'prohibited person' stuff that prevents you from owning any firearm, it makes no mention of age, or of handguns specifically.  Neither does 39-17-1316, nor any of the USC's listed within it. 

While 922(b) does prohibit the selling or delivering of firearms by an FFL, it doesn't prohibit possession, selling or transfers by a private party.    So an 18 year old can legally purchase a handgun under 39-17-1316.  922(d) covers private sales (by non-FFL's) and clearly doesn't prohibit sales to persons under 21.  922(x)(1)(5) goes futher to address this issue by clearly defining the term juvenile as a person under the age of 18.

Even this anti-gun group got it right - http://lawcenter.giffords.org/gun-laws/policy-areas/who-can-have-a-gun/minimum-age/#federal

So, clearly a 18 year old can possess or receive any firearm under 922g, unless they're otherwise a prohibited person.  And 39-17-1316 doesn't prohibit them either.  So, loaded firearm carry in a vehicle is clearly lawful as to the plain reading of the law unless the person would otherwise a prohibited person.

The law is so broadly worded I can't see any reason a 16 year old couldn't posses a loaded rifle or shotgun (handguns would be a different issue - see 39-17-1319) in their car under this law.  Although I doubt the legislature meant to do that, 922g and 1316 do not mention any reason they couldn't.

[Garufa]

In my earnest I obviously should have paid equal attention to the actual sections of 922 rather than just searching keywords.

Thanks for the correction.  

[Croakerhouck]

The laws have always been a bit confusing, but as the other posters have stated, you have to be 21+ to buy from an FFL, and 18+ to buy private sale. I am a Christian, so following the law is extremely important to me which is why I searched extensively to find out if I could buy a handgun at 18 or not after seeing that anyone under the age of 18 is prohibited from hunting with a handgun posted in TWRA's hunting guide magazine. The TN department of homeland security also has a exception to the carry age of 21 for 18+'s who are active duty military/honorable discharged personnel.

I bought my first handgun at 18, and I've since owned nearly a dozen handguns bought through private sale, and spoken to numerous police officers, including one that pulled me over since I accidently pulled out in front of him(low blood sugar!) and he said I was completely cool to keep a handgun in my car.

While I will be turning 21 April 6th, I am a strong supporter of the right for this age group to be able to purchase handguns private sale, and wish that both more people were aware of the laws and that this group could buy from FFLs.

[DaveTN]

I would guess you are about to see everything go to 21.

[bersaguy]

1 hour ago, DaveTN said:

I would guess you are about to see everything go to 21.

Well, unless it goes to 71 I'm safe and good to go!!!!!

[Omega]

There should then be a push to raise the criminal statutes to 21 as well then, if an 18-20yo can't be trusted with weapons because of what, Immaturity? Then maybe they're to young to know what they're doing legally???  Military? Fugget about it!  JMHO.

 

Edited March 1, 2018 by Omega
Speeling