Tennessee background check law 1990's

[Guest mirgc]

Hello from Oregon!   I'm currently trying to beef up some testimony I would like to give to help defend Oregon against SB941, a universal background check bill.

One part of my paper is looking at states that repealed background check laws.  In John Lotts book, More guns less crime, he lists TN as a state that repealed background checks for private handgun sales in 1998 in favor of the federal Brady (3rd edition, page 329).  I've tried searching on the internet for awhile, but find almost nothing about the details on what the law was like before 1998, or what exactly changed.

 

I've asked one place else, but want to verify what I've learned so far:

 

1.  Prior to 1998, TN had an extended waiting period, and dealers reported all handgun sales to the local police so the police could run a background check,

2.  The police check also served as a waiting period as the check could take a few days to a couple weeks to complete.

3.  Also prior to 1998, there was a law that private citizens were also supposed to report private sales of handguns to the local police as well.  Not sure when this law was repealed.

 

I believe the gun-controllers were upset about TN removing the wait period (so TN could align with Brady) and removal of private citizen notification.

 

Can anyone help fill in details, sources, or substantiate what I've written so far?

 

Thank you,

 

Mike

 

 

[Oh Shoot]

Hello from Oregon!   I'm currently trying to beef up some testimony I would like to give to help defend Oregon against SB941, a universal background check bill.
One part of my paper is looking at states that repealed background check laws.  In John Lotts book, More guns less crime, he lists TN as a state that repealed background checks for private handgun sales in 1998 in favor of the federal Brady (3rd edition, page 329).  I've tried searching on the internet for awhile, but find almost nothing about the details on what the law was like before 1998, or what exactly changed.

I've asked one place else, but want to verify what I've learned so far:

1.  Prior to 1998, TN had an extended waiting period, and dealers reported all handgun sales to the local police so the police could run a background check,
2.  The police check also served as a waiting period as the check could take a few days to a couple weeks to complete.
3.  Also prior to 1998, there was a law that private citizens were also supposed to report private sales of handguns to the local police as well.  Not sure when this law was repealed.

I believe the gun-controllers were upset about TN removing the wait period (so TN could align with Brady) and removal of private citizen notification.

Can anyone help fill in details, sources, or substantiate what I've written so far?

Thank you,

Mike

 

 

1. and 2. -- As you seem to know, the five day (or more) waiting period for handguns was a federal requirement due to implementing background checks called for by Brady Bill from February 28, 1994 and dropped on November 30, 1998, when NICS came on line. Most states didn't have their own waiting period also imposed as per state law, so when this federal requirement went away, so did the wait in most states. So since states were conducting their own checks, certainly local police records would have been checked.
 
Now, I honestly don't remember if TN had its own waiting period/background check law which was repealed after NICS came online as I didn't pay much attention to the actual gun laws then. Hopefully others may chime in regarding that.
 
3. -- Certainly I've never heard the part reporting private sales. If indeed that was a requirement, I'm sure it was almost universally ignored. :)
 
------------
 
What you may or may not know is that TN still does its own background check on handgun purchases through the TICS (Tennessee Instant Check System) run by the TBI (Tennessee Bureau of Investigation). 

 

http://www.tbi.tn.gov/firearm_check/firearm_back_check.shtml

 

We are one of 12 or 13 states that act as full POC (Point of Contact) for background checks, an option allowed by BATF implementation of federal law:
 
https://www.atf.gov/content/firearms/firearms-industry/permanent-brady-state-lists
 
Indeed, this extra layer of investigation here means that folks are turned down at a higher rate than those simply relying on NICS. One gotcha for example is that a purchase will be denied if any charge is found that does not have the proper legal disposition of the case filed in whatever database those reside -- even if a conviction for it would not be a disqualifying event, and AFAIK that is not the case with checks run through NICS only. TICS also has a policy of denying gun purchase for any alcohol related conviction happening within one year of purchase date, also based on a state law rather than federal requirements.

 

All of which doesn't directly answer your question regarding history of this during the 90's, sorry. If no answer forthcoming here erelong,  I wonder if there's some office in state legislature that could help you with that?:

 

http://www.legislature.state.tn.us/

 

http://www.tn.gov/

 

Perhaps office of the Attorney General might be likely for initial inquiry?

 

http://www.tn.gov/attorneygeneral/

 

 
- OS

Edited April 10, 2015 by Oh Shoot

[300winmag]

We do not have to do background checks on private sales in Tennessee.  TBI does our background checks on FFL sales with TICS.

[Guest mirgc]

Yes, Oregon is another one of those POC states as well.

So TN has never had background checks on private sales for handguns, or permits (background check to get permit) to purchase handguns?  Important sticking point as I WAS referencing what I thought was a credible source that said in 1998, Tennessee did away with background checks on private transfers of hand-guns.

 

Oh and "oh shoot", you are correct.  At some point (pre-1998?) the law for private sellers providing information was repealed precociously for the reason you gave.   So I am wondering if that is the law cited from my source.

[Oh Shoot]

....

So TN has never had background checks on private sales for handguns, or permits (background check to get permit) to purchase handguns?  Important sticking point as I WAS referencing what I thought was a credible source that said in 1998, Tennessee did away with background checks on private transfers of hand-guns.

 

To my knowledge, no. Never in the history of the state.

 

However you said "Also prior to 1998, there was a law that private citizens were also supposed to report private sales of handguns to the local police as well."

 

That's quite a different thing than getting a background check to do a private transaction, and I thought that may well have been on the books at one time for all I know. Much of as in the same vein as we are supposed to pay sales tax on all items bought from out of state -- something with which we all certainly comply. Right.

 

- OS

 

edit: I see you asked on ARFCOM too, where one fellow said:

 

"2. TN did have a state requirement to notify the local police when a private sale of a handgun occurred, but the state legislature repealed that requirement, after it was determined that not one person had ever complied with it (it was completely unenforceable)."

 

So assuming that's correct, we both were also, you in saying that law did exist, and me in saying if so it was likely universally ignored. :)

 

- OS

Edited April 10, 2015 by Oh Shoot

[Smith]

One thing to note is that while it is not required to do a background check it report for in state resident person to person transfers, it is illegal to knowingly transfer a firearm to someone who is or is believed to be ineligible from owning a firearm.

[Guest mirgc]

"Oh Shoot", Yes.  I'm not quite sold that everything I hear on the internet in Forums is true ;)  So while I am gratefull for the leads and input, until it leads to something substantial (new story, government law page, etc), I gotta "trust but verify".

It looks like my source was mistaken for Tennessee.  Indiana is another one, but I won't bother you guys with that one.

Either my source was incorrectly citing the wrong state, or miss-interpreting another law for background checks.

Thank you all for your time.  And wish us luck fighting UBC in Oregon!   :)

Edited April 10, 2015 by mirgc

[DaveTN]

I’m confused? Your legislature just gave the dopers recreational marijuana but they want to tighten up gun control? Sometimes it’s just really hard to believe the stuff politicians will do.

[Guest mirgc]

Don't get me started... oh wait.... :)

 

most likely they will put in an exemption for marijuana smokers (something that will get you denied in a background check if you were busted 20 years ago).  But things are getting crazy here.

 

As an example, we had our senate testimony last week for this UBC bill.  Of course the opposition not only knew what was in the bill about a month before the public, but knew what day the hearing was going to be about a week or more ahead of the public (time to organize).  They showed up in their big white charter bus (not bad for members who pay nothing ), and even had a bouncer/guard with them.

 

94% (about 17) who testified to support the bill got to actually testify.  Only 19% got to testify in opposition.  68 people in opposition did not (the other 81%, me included).  Several people who had driven over 5 hours were clearly upset .  This bill is going thru our State senate at whip-lash speed compared to other bills.  I think they know every day they wait is one more day that the opposition builds even though they are the majority in the state/house/gov.  There are already serious talks of organizing recalls, past the saber rattling and coffee table chatter, as well.

[deafdogdief]

I can connect you with the guy who wrote our gun carry law here in TN if that would help you.

[wawoodwa]

Mirgc, come on out to TN if they completely lose their minds out there. While y'all have no sales tax, we have no income tax and great places to exercise your freedoms. That said, I commend you for standing up and fighting for what is right.

Looks like deafdogdief would have a great lead for you. Also, when I search for laws, I use Justia, findlaw, or the Cornell Law website. They have repealed or amended laws as well. I'm not sure how far back they go for TCA. Just some thoughts.


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[Clod Stomper]

I don't have perfect recall of handgun laws in the '90s, but I WAS paying attention. I don't recall having a waiting period or background check beyond the fed requirement from 94 til 98. There was some law in the '80s requiring police chief sign-off on handgun purchases. Most likely only those through an FFL dealer. I only know this (I was well under 21 in the '80's) because a couple years ago I found an old form where a local chief had signed off on a purchase.

If it was required for private sales, as Oh Shoot said, it was universally ignored.