TN Castle Doctrine in car under age 21 over 18

[btp]

Hello, 

I am aware that Tennessee has the castle doctrine extended to a person in legal possession of a vehicle. I am also aware a person over the age of 18 can possess a handgun but not purchase. I can not find a clear answer to: Can an 18-21 year old have loaded handgun in a vehicle they legally possess? or any references?

Thanks

Edited April 29, 2019 by btp

[Guest BCR#1]

You can't legally buy a hand gun until you turn 21 so I don't see it being legal to have one in your vehicle, loaded or not.

Bill

[10-Ring]

The wordage of the statute reads:

Any person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.

As such, MY interpretation of the law is that it extends to any legal adult, hence the "any person" wordage as opposed to a specific reference of age.  Additionally, with the castle doctorine considering a vehicle as an extension of one's home, again, MY interpretation is that an 18-20 year old caring a handgun in their car is perfectly within the law.  

Disclaimer: this post is in no way to be considered legal advice.

[DaveTN]

An 18 year old can legally purchase (private sale) and possess a handgun in this state. They can’t purchase one from an FFL, but that’s federal law. That could change if private sales are banned. I can’t sell a handgun to an 18 year old because I have an C&R.

18 U.S.C. 922(g) (quoted in the Tennessee statute) does not address age, and deals with interstate commerce.

But check with your local LE and see what they tell you. You are far more likely to get caught with a gun in your car than you are to have to use it. 

Quote

 

(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

(B)  Is in lawful possession of the motor vehicle or boat.

(2) (A) As used in this subsection (e):

(i)  "Boat" means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water; and

(ii)  "Motor vehicle" has the same meaning as defined in § 55-1-103.

(B)  This subsection (e) shall not apply to a motor vehicle or boat that is:

(i)  Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and

(ii)  Provided by such entity to an employee for use during the course of employment.

 

 

Edited April 30, 2019 by DaveTN

[A.J. Holst]

Having a handgun for self defense is a great idea, however a house is not a car.

Accessing a handgun from a center console, under the seat, or from the glove box is very different from a traditional nightstand set up.

Caught at the range without ears? How loud will it be in a car?

If you have an HCP, how will you access your holster or pocket while belted in? If you're a lefty like me, you have even more challenges.

A little off topic, but stuff to think about.

[Steelharp]

I have a left hand paddle holster that I wear when seated in my car so I can get to my gun easier. It would be much harder to access it on my right hip seated.

[Trekbike]

2 hours ago, A.J. Holst said:

Having a handgun for self defense is a great idea, however a house is not a car.

Accessing a handgun from a center console, under the seat, or from the glove box is very different from a traditional nightstand set up.

Caught at the range without ears? How loud will it be in a car?

If you have an HCP, how will you access your holster or pocket while belted in? If you're a lefty like me, you have even more challenges.

A little off topic, but stuff to think about.

Since this is already a little off topic, I use a Gum Creek mount to solve the problem you referenced.     Explanation in the video link if you're not familiar.    If you're interested they have 10% sale and free shipping, but it ends today.    

https://youtu.be/xpTpcFGWBJc 

Edited April 30, 2019 by Trekbike

[Magiccarpetrides]

I get where your coming from....a bit of advice...if you don't have an HCP...don't carry a gun in the car...explaining to the cop that pulls you over for whatever (I remember being in my early 20's) that you have a gun due to castle law...well that wont end well for you ...maybe you'll win in court but do you really want that hassle.  I too prefer a handgun over not having one but until you have an HCP I would strongly strongly recommend you just carry bear mace or something similar in your car...that Kimber pepper ball gun is a good choice...gives you a little distance and less likely to rupture from heat in the glovebox....just my $.02

[btp]

Thanks for all the feedback.

I have a car with a gun safe and a neodymium magnet gun mount to the right of the steering wheel. When my son wants to use my car its completely unclear what the law is. As Magiccarpetrides stated its a discretion of the officer situation and winning in court is a battle no one should have to undertake financially. I was thinking of writing the TN attorney general for clarification. Sadly even if the AG said we were within the law an officer would likely still have no insight.

Edited April 30, 2019 by btp

[QuackerSmacker]

2 hours ago, Magiccarpetrides said:

I get where your coming from....a bit of advice...if you don't have an HCP...don't carry a gun in the car...explaining to the cop that pulls you over for whatever (I remember being in my early 20's) that you have a gun due to castle law...well that wont end well for you ...maybe you'll win in court but do you really want that hassle.  I too prefer a handgun over not having one but until you have an HCP I would strongly strongly recommend you just carry bear mace or something similar in your car...that Kimber pepper ball gun is a good choice...gives you a little distance and less likely to rupture from heat in the glovebox....just my $.02

This is not at the discretion of the LEO.  Without getting into the the 18-21 thing, it's been legal in TN since July 2014 for all lawful gun owners to have loaded handguns, rifles, or shotguns in their vehicles (but not on their person, unless they have an HCP, obviously for handguns only.)

[DaveTN]

3 minutes ago, QuackerSmacker said:

This is not at the discretion of the LEO.  

Prexactly

[btp]

QuackerSmacker

That is exactly how I viewed the situation. The distinction gets down to caring vs in the car. After a call to the Knox county sheriff, we were told no absolutely not. 

Edited April 30, 2019 by btp

[DaveTN]

4 minutes ago, btp said:

QuackerSmacker

That is exactly how I viewed the situation. The distention gets down to caring vs in the car. After a call to the Knox county sheriff, we were told no absolutely not.  

They told you no, an 18 year old can’t have a handgun in the car, or no, you can’t have a gun in the car without an HCP?

[btp]

QuackerSmacker

That is exactly how I viewed the situation. The distention gets down to caring vs in the car. After a call to the Knox county sheriff, we were told no absolutely not.  They said an 18 -21 year old may not have a handgun in the car.

[Magiccarpetrides]

Many things are not at the discretion of the officer but im not gonna get myself in a world of headache or worse because "I have the letter of the law on my side".  I actively avoid conflict with LEO's whenever possible because I have a couple friends that are cops and their job is already hard enough but to each their own.

[QuackerSmacker]

1 hour ago, Magiccarpetrides said:

Many things are not at the discretion of the officer but im not gonna get myself in a world of headache or worse because "I have the letter of the law on my side".  I actively avoid conflict with LEO's whenever possible because I have a couple friends that are cops and their job is already hard enough but to each their own.

Can't imagine why you think this is a fine point of "the letter of the law" or why you'd fear conflict with LEOs about this.

https://www.timesfreepress.com/news/local/story/2014/jul/09/new-gun-rights-law-takes-effect/251789/

[A.J. Holst]

Obey all traffic laws and LE has no probable cause to stop you.

Don't be driving in stupid places, at stupid times, with stupid people...again don't stupidly give probable cause or attract the attention of LE

[chances R]

10Ring and Dave TN have it right.  TN has 'Permitless Carry" which addresses this.  18 and older can possess a firearm in the automobile.  This includes a handgun.  It is not a matter of LEO discretion, it is a matter of TN law.  If my adult daughter is driving a car, she will in all likely hood have a firearm in her car.  Folks it has been this way for several years and is taught in the permit class.

Additionally, your passenger compartment is analogous to your home.  If it is breached, Castle Doctrine in applied.  Note this does not mean if someone is beating on your car.  Opening the door, breaking the window and then grabbing for you would be the threshold.

 

Edited April 30, 2019 by chances R

[billmeek]

On 4/30/2019 at 9:58 AM, A.J. Holst said:

Having a handgun for self defense is a great idea, however a house is not a car.

Caught at the range without ears? How loud will it be in a car?

 

If you have to defend yourself in a car, I don't think how loud a handgun is nor the minor damage to your hearing are very relevant. 

[10-Ring]

On 4/30/2019 at 4:40 PM, btp said:

QuackerSmacker

That is exactly how I viewed the situation. The distention gets down to caring vs in the car. After a call to the Knox county sheriff, we were told no absolutely not.  They said an 18 -21 year old may not have a handgun in the car.

Do I not understand this correctly, or am I the only one bothered by the fact that the Knox County Sheriff's office is basically saying that they are disregarding the state law and making up their own rules.  

[DaveTN]

2 hours ago, 10-Ring said:

Do I not understand this correctly, or am I the only one bothered by the fact that the Knox County Sheriff's office is basically saying that they are disregarding the state law and making up their own rules.  

It would bother me enough that I would go there and ask to speak with a Command Officer, not rely on what someone that really doesn’t know said in a phone call. (Not saying that’s what happened; but folks usually make the mistake of calling)

I would have the printed law and have a calm conversation with them about why they were saying that. That could very well settle the problem right then.

The problem is that United States Code makes it illegal for an FFL to transfer a handgun to someone under 21. If a Police department or Sheriff’s department, supported by the DA wanted to make the case it is therefore unlawful in a private sale; a court would have to decide that. That argument has been made before, I have no way of knowing if there is case law in Tennessee on it.

This would be a good question for the Tennessee AG. However an AG opinion is not law and is not binding on the court. But it would certainly help.

My own opinion, which is worth absolutely nothing, is that because Federal law address both FFL and “anyone” in separate statutes with different ages; their intent was to ban the sale of a handgun to anyone under 18 and let the state decide on 18-20.

Because the Tennessee law that allows this (39-17-1307) has the text “Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316” an argument could be made that 39-17-1316 makes it illegal (Background Check)for anyone under 21 to purchase a handgun from a dealer; and therefore can’t carry in a car. Tennessee lawmakers should have made it clear what their intent was. 

Below is the pertinent text of the following…

1. 39-17-1307 allowing carry in a car (gives an exception)

2. 18 U.S.C. § 922(g) (quoted in 39-17-1307) disqualifying firearms possession in federal law

3. 39-17-1316 (quoted in 39-17-1307) mainly requirements for FFL’s.

4. 18 U.S.C. § 922(b)(1) makes it illegal for an FFL to transfer a handgun to anyone under 21.

5. 18 U.S.C. § 922(x) makes it illegal for an anyone to transfer a handgun to anyone under 18.

6. What the ATF has to say about the age issue. (Carries no legal weight)

39-17-1307. Unlawful carrying or possession of a weapon.
(a) 
(1)  A person commits an offense who carries, with the intent to go armed, a firearm or a club.
(2) 
(A)  The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).
(B)  A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.
(C)  A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.
(b) (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and:
(A)  Has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon; or
(B)  Has been convicted of a felony drug offense.
(2)  An offense under subdivision (b)(1)(A) is a Class B felony.
(3)  An offense under subdivision (b)(1)(B) is a Class C felony.
(c) (1) A person commits an offense who possesses a handgun and has been convicted of a felony unless:
(A)  The person has been pardoned for the offense;
(B)  The felony conviction has been expunged; or
(C)  The person's civil rights have been restored pursuant to title 40, chapter 29, and the restoration order does not specifically prohibit the person from possessing firearms.
(2)  An offense under subdivision (c)(1) is a Class E felony.
(d) 
(1)  A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324.
(2)  A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324.
(3) 
(A)  Except as provided in subdivision (d)(3)(B), a violation of this subsection (d) is a Class E felony.
(B)  A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife.
(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
(B)  Is in lawful possession of the motor vehicle or boat.
(2) (A) As used in this subsection (e):
(i)  "Boat" means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water; and
(ii)  "Motor vehicle" has the same meaning as defined in § 55-1-103.
(B)  This subsection (e) shall not apply to a motor vehicle or boat that is:
(i)  Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and
(ii)  Provided by such entity to an employee for use during the course of employment.
(f) (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and:
(A)  Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction;
(B)  Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or
(C)  Is prohibited from possessing a firearm under any other state or federal law.
(2)  If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives.
(3)  For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act (26 U.S.C. § 5801 et seq.), if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.
(4)  A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.
(5)  If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h), the respondent may be charged and convicted under any or all such sections.

History

Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 6; 2007, ch. 412, § 1; 2007, ch. 594, § 3; 2008, ch. 1166, § 1; 2008, ch. 1176, § 1; 2009, ch. 431, § 1; 2009, ch. 455, § 6; 2010, ch. 793, § 1; 2012, ch. 726, § 1; 2014, ch. 647, §§ 4, 5; 2014, ch. 870, § 1; 2017, ch. 202, § 1; 2017, ch. 475, § 1; 2018, ch. 903, §§ 2, 4.

TENNESSEE CODE ANNOTATED
© 2019 by The State of Tennessee All rights reserved

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39-17-1316. Sales of dangerous weapons -- Certification of purchaser -- Exceptions -- Licensing of dealers -- Definitions.
(a) 
(1)  Any person appropriately licensed by the federal government may stock and sell firearms to persons desiring firearms; however, sales to persons who have been convicted of the offense of stalking, as prohibited by § 39-17-315, who are addicted to alcohol, who are ineligible to receive firearms under 18 U.S.C. § 922, or who have been judicially committed to a mental institution pursuant to title 33 or adjudicated as a mental defective are prohibited. For purposes of this subdivision (a)(1), the offense of violation of a protective order as prohibited by § 39-13-113 shall be considered a "misdemeanor crime of domestic violence" for purposes of 18 U.S.C. § 921.
(2)  The provisions of this subsection (a) prohibiting the sale of a firearm to a person convicted of a felony shall not apply if:
(A)  The person was pardoned for the offense;
(B)  The conviction has been expunged or set aside; or
(C)  The person's civil rights have been restored pursuant to title 40, chapter 29; and
(D)  The person is not prohibited from possessing a firearm by § 39-17-1307.
(b) 
(1)  As used in this section, "firearm" has the meaning as defined in § 39-11-106, including handguns, long guns, and all other weapons that meet the definition except "antique firearms" as defined in 18 U.S.C. § 921.
(2)  As used in this section, "gun dealer" means a person engaged in the business, as defined in 18 U.S.C. § 921, of selling, leasing, or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker, or otherwise.
(c)  Except with respect to transactions between persons licensed as dealers under 18 U.S.C. § 923, a gun dealer shall comply with the following before a firearm is delivered to a purchaser:
(1)  The purchaser shall present to the dealer current identification meeting the requirements of subsection (f);
(2)  The gun dealer shall complete a firearms transaction record as required by 18 U.S.C. §§ 921-929, and obtain the signature of the purchaser on the record;
(3)  The gun dealer shall request by means designated by the bureau that the Tennessee bureau of investigation conduct a criminal history record check on the purchaser and shall provide the following information to the bureau:
(A)  The federal firearms license number of the gun dealer;
(B)  The business name of the gun dealer;
(C)  The place of transfer;
(D)  The name of the person making the transfer;
(E)  The make, model, caliber and manufacturer's number of the firearm being transferred;
(F)  The name, gender, race, and date of birth of the purchaser;
(G)  The social security number of the purchaser, if one has been assigned; and
(H)  The type, issuer and identification number of the identification presented by the purchaser; and
(4)  The gun dealer shall receive a unique approval number for the transfer from the bureau and record the approval number on the firearms transaction record.
(d)  Upon receipt of a request of the gun dealer for a criminal history record check, the Tennessee bureau of investigation shall immediately, during the gun dealer's telephone call or by return call:
(1)  Determine, from criminal records and other information available to it, whether the purchaser is disqualified under subdivision (a)(1) from completing the purchase; and
(2)  Notify the dealer when a purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.
(e) 
(1)  The Tennessee bureau of investigation may charge a reasonable fee, not to exceed ten dollars ($10.00), for conducting background checks and other costs incurred under this section, and shall be empowered to bill gun dealers for checks run.
(2)  Funds collected by the Tennessee bureau of investigation pursuant to this section shall be deposited in a continuing deferred interest-bearing revenue fund that is created in the state treasury. This fund will not revert to the general fund on June 30 of any year. This fund shall be used to offset the costs associated with conducting background checks. By February 1 of each year the Tennessee bureau of investigation shall report to the judiciary committee of the senate and the criminal justice committee of the house of representatives the amount of money collected pursuant to this section in excess of the costs associated with conducting background checks as required by this section. The excess money shall be appropriated by the general assembly to the Tennessee bureau of investigation for other law enforcement related purposes as it deems appropriate and necessary.
(f) (1) Identification required of the purchaser under subsection (c) shall include one (1) piece of current, valid identification bearing a photograph and the date of birth of the purchaser that:
(A)  Is issued under the authority of the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and
(B)  Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.
(2)  If the identification presented by the purchaser under subdivision (f)(1)(A) does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser.
(g)  The Tennessee bureau of investigation may require that the dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the bureau.
(h)  The Tennessee bureau of investigation shall establish a telephone number that shall be operational seven (7) days a week between the hours of eight o'clock a.m. and ten o'clock p.m. Central Standard Time (8:00 a.m.-10:00 p.m. (CST)), except Christmas Day, Thanksgiving Day, and Independence Day, for the purpose of responding to inquiries from dealers for a criminal history record check under this section.
(i)  No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section; provided the employee, official or agency acts in good faith and without malice.
(j)  Upon the determination that receipt of a firearm by a particular individual would not violate this section, and after the issuance of a unique identifying number for the transaction, the Tennessee bureau of investigation shall destroy all records (except the unique identifying number and the date that it was assigned) associating a particular individual with a particular purchase of firearms.
(k)  A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.
(l) (1) The following transactions or transfers are exempt from the criminal history record check requirement of subdivision (c)(3):
(A)  Transactions between licensed:
(i)  Importers;
(ii)  Manufacturers;
(iii)  Dealers; and
(iv)  Collectors who meet the requirements of subsection (b) and certify prior to the transaction the legal and licensed status of both parties;
(B)  Transactions or transfers between a licensed importer, licensed manufacturer, or licensed dealer and a bona fide law enforcement agency or the agency's personnel. However, all other requirements of subsection (c) are applicable to a transaction or transfer under this subdivision (l)(1)(B); and
(C)  Transactions by a gun dealer, as defined in subdivision (b)(2), making occasional sales, exchanges, or transfers of firearms that comprise all or part of the gun dealer's personal collection of firearms.
(2)  The burden of proving the legality of any transaction or transfer under this subsection (l) is upon the transferor.
(m)  The director of the Tennessee bureau of investigation is authorized to make and issue all rules and regulations necessary to carry out this section.
(n)  In addition to the other grounds for denial, the bureau shall deny the transfer of a firearm if the background check reveals information indicating that the purchaser has been charged with a crime for which the purchaser, if convicted, would be prohibited under state or federal law from purchasing, receiving, or possessing a firearm; and, either there has been no final disposition of the case, or the final disposition is not noted.
(o)  Upon receipt of the criminal history challenge form indicating a purchaser's request for review of the denial, the bureau shall proceed with efforts to obtain the final disposition information. The purchaser may attempt to assist the bureau in obtaining the final disposition information. If neither the purchaser nor the bureau is able to obtain the final disposition information within fifteen (15) calendar days of the bureau's receipt of the criminal history challenge form, the bureau shall immediately notify the federal firearms licensee that the transaction that was initially denied is now a "conditional proceed." A "conditional proceed" means that the federal firearms licensee may lawfully transfer the firearm to the purchaser.
(p)  In any case in which the transfer has been denied pursuant to subsection (n), the inability of the bureau to obtain the final disposition of a case shall not constitute the basis for the continued denial of the transfer as long as the bureau receives written notice, signed and verified by the clerk of the court or the clerk's designee, that indicates that no final disposition information is available. Upon receipt of the letter by the bureau, the bureau shall immediately reverse the denial.
(q) 
(1)  It is an offense for a person to purchase or attempt to purchase a firearm knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm.
(2)  It is an offense to sell or offer to sell a firearm to a person knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm.
(3)  A violation of this subsection (q) is a Class A misdemeanor.
(r)  The criminal history records check required by this section shall not apply to an occasional sale of a used or second-hand firearm by a person who is not engaged in the business of importing, manufacturing, or dealing in firearms, pursuant to 18 U.S.C. §§ 921 and 923.

History

Acts 1989, ch. 591, § 1; 1993, ch. 372, § 1; 1994, ch. 1001, §§ 1-6; 1995, ch. 371, § 1; 1996, ch. 1075, §§ 1, 2; 1998, ch. 1071, § 1; 2001, ch. 396, § 1; 2005, ch. 482, § 8; 2006, ch. 920, § 4; 2009, ch. 102, §§ 1, 2; 2009, ch. 195, § 2; 2009, ch. 578, § 9; 2013, ch. 236, § 36; 2017, ch. 185, §§ 1, 2.

TENNESSEE CODE ANNOTATED
© 2019 by The State of Tennessee All rights reseved

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18 U.S.C. § 922(g)

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
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18 U.S.C. § 922(b)(1)
(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;

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18 U.S.C. § 922(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
(6)
(A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings.
(B) The court may use the contempt power to enforce subparagraph (A).
(C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown

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***************************************************************************************************
 

Quote

 

https://www.atf.gov/resource-center/minimum-age-gun-sales-and-transfers

Minimum Age for Gun Sales and Transfers*
Unlicensed Persons

Handguns: Under federal law, unlicensed person may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18, except under certain exceptions.**

Long Guns: There are no federal laws preventing unlicensed person from selling, delivering or otherwise transferring a long gun or long gun ammunition to a person of any age.

Federal Firearms Licensees (FFLs):

Handguns: Under federal law, unlicensed person may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 21.

Long Guns: Under federal law, unlicensed person may not sell, deliver or otherwise transfer a long gun or long gun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18.

*18 USC 922

**18 USC 922 (x)

Published by ATF on June 21, 2016

 

 

[peejman]

2 hours ago, 10-Ring said:

Do I not understand this correctly, or am I the only one bothered by the fact that the Knox County Sheriff's office is basically saying that they are disregarding the state law and making up their own rules.  

I don't think they're disregarding or making up their own rules. I suspect the person who answers the phone either didn't fully understand the question, or doesn't know the law, or both. None of that surprises me.  

The law is pretty clear as far as TN laws go, an 18-21 year old can have a handgun in the car as long as it's not on their person. Having it in some sort of lockable container would help.  Not getting pulled over would help a lot. 

[DaveTN]

1 hour ago, peejman said:

I don't think they're disregarding or making up their own rules. I suspect the person who answers the phone either didn't fully understand the question, or doesn't know the law, or both. None of that surprises me.

Exactly

1 hour ago, peejman said:

The law is pretty clear as far as TN laws go, an 18-21 year old can have a handgun in the car as long as it's not on their person. 

It doesn’t appear to be clear. If it is clear, what makes you think they couldn’t have it on their person?

1 hour ago, peejman said:

Having it in some sort of lockable container would help.  Not getting pulled over would help a lot. 

If you feel the need to put it in a locked container either; don't take it or put it in the trunk. Because at that point the law (carry in a car) we are discussing no longer applies.

 

 

 

[Magiccarpetrides]

Lol you all seriously crack me up....yeah the law is on your side if your under 21 and have a gun in your car...yeah your also more likely to get shot over it too or get jammed up ...do any of you remember how foolish and naïve you were at 21 and under?  I sure do...but if you want to put that risk on your kid so be it.  

[Ronald_55]

8 minutes ago, Magiccarpetrides said:

Lol you all seriously crack me up....yeah the law is on your side if your under 21 and have a gun in your car...yeah your also more likely to get shot over it too or get jammed up ...do any of you remember how foolish and naïve you were at 21 and under?  I sure do...but if you want to put that risk on your kid so be it.  

At 21 I probably should not have had access to a car let alone be carrying a gun. I remember exceeding 85mph on curvy 2 lane 30mph roads. A stunt like that and then having a gun in the car could have spelled lots of trouble for me.  Young and stupid... 

I tend to teach my kids to err on the side of caution. Just because it is completely legal does not mean it is a good idea.  Hard to argue your rights when you are face down and bleeding on the pavement. LEOs are only human and some just want to make sure they can go home to their family tonight.  Sometimes they have to make a split second decision based on little info.