Class III NFA Firearms in Tennessee

Ownership of Class III / NFA weapons is legal in Tennessee

Tennessee law does not prohibit the ownership, possession or use of Class III weapons so long as the individual complies with federal law relative to ownership.

The Tennessee statute Section 39-17-1302 authorizes private ownership of Class III or NFA weapons in Tennessee by providing a defense to a criminal charge of possession of a “prohibited weapon”.  Section 39-17-1302 provides, in relevant part:

39-17-1302. Prohibited weapons. —

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

(3) A machine gun;
(4) A short-barrel rifle or shotgun;

(5) A firearm silencer;

(6) Hoax device;

(7) A switchblade knife or knuckles; or
(8) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.

(b) It is a defense to prosecution under this section that the person’s conduct:

(1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;
(2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1);

(3) Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;

(4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;

(5) Was incident to displaying the weapon in a public museum or exhibition;

(6) Was licensed by the state of Tennessee as a manufacturer,
importer or dealer in weapons; provided, that the manufacture, import,
purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1);

(7) Involved acquisition or possession of a sawed-off shotgun,
sawed-off rifle, machine gun or firearm silencer that is validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision (b)(7) shall retain proof of registration; or

[remainder of statute omitted]

To find out why a Tennessee NFA Firearms Gun Trust is the safest way to own these firearms Contact a NFA Trust Lawyer

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