FIREARMS LAW: LOCKED, LOADED & LAWYERED
Providing insight on laws that regulate the manufacture, trade, possession, transfer, record keeping, and transport of firearms, ammunition, and firearms accessories.
U.S. Supreme Court Decision in Bump-Stock Case
On June 14, 2024, the U.S. Supreme released its decision in Garland v. Cargill. Full opinion here: https://www.supremecourt.gov/opinions/23pdf/22-976_e29g.pdf In in 6-3 decision, the Court decided that the Bureau of Alcohol, Tobacco and Firearms (BATF) exceeded its statutory authority by issuing a regulation that classified a bump stock as a machine ...
Those New Regulations on “Engaged in the Business” as a Firearms Dealer
Since the Gun Control Act of 1968, federal law has required those engaged in the business of selling or reselling firearms to be licensed. Before 2022, 18 U.S. Code § 921(a) (21) and 22), contained the most recent test as to whether a person required a firearms license. “Engaged in ...
Evolution of the Modern Handgun
I have had the good fortune of being present during two of the great changes in handguns, the switch from revolvers to semi-automatics and the ongoing transition from conventional sights to optical devices. (The switch from black powder to cartridges predates me by about 90 years). The revolver was the ...
Time is Running Out for the AR-15 Pistol with a Brace
AR-15s come in various configurations. There are rifles, with 20”barrels and carbines, typically with 16” barrels. There are also AR-15 pistols, with barrels under 16”, typically 8” to 14”. The pistols will be the focus of this article. Manufacturers and owners sought to make the pistol more usable by attaching ...
The Cutting Edge of Tennessee Weapons Law: Knives, Suppressors, Short-Barrel Rifles and Shotguns
Tennessee has modified its laws regarding knives, firearm suppressors (sometimes called “silencers”) and short-barrel rifles and shotguns. Despite these changes in state laws, federal restrictions remain in effect. Tennessee has long regulated carrying certain knives. In the 19th Century, laws prohibited carrying concealed bowie knives, Arkansas toothpicks or similar knives. ...
Tennessee’s Permitless Handgun Carry Law
Beginning in the late 1800s, Tennessee strictly regulated carrying handguns, by prohibiting carrying pistols “with intent to go armed” in public places. Exceptions were made for on one’s own property or place of business. In 1996, Tennessee adopted a handgun carry permit process. Over the years, the law expanded to ...
Changes in Tennessee Laws of Restoration of Rights and Antique Firearms
Tennessee laws regarding firearms and restoration of rights for those convicted of felonies has been complicated. The Tennessee legislature has made some things less complicated. Restoration of Rights Tennessee differentiates between persons convicted of felonies involving violence or attempts, use of a deadly weapon or drug offenses, and those convicted ...
Civil Liability for Negligent Storage of Firearms
There are often news stories about a child finding a firearm and either shooting themselves or another child. This covers some of the issues in Tennessee involving civil liability for negligent storage of firearms. Over 100 years ago, a Tennessee court held it was “settled law” that a parent may ...
Guns in Tennessee Schools
Tennessee has broad statutes controlling weapons on school property, not just firearms. It is important to know just what is in the statutes. The statutes are very specific. This is only a summary of some Tennessee statutes. In Tennessee, the general rule is that weapons are prohibited on school property ...
If I Can’t Buy a Gun, Can I Legally Possess One?
From time to time, the question comes up, can a person who cannot pass a background check to purchase a firearm, legally possess the firearms he already owns? The answer lies in the federal legislation that regulates firearm purchases and possession, chiefly 18 U.S. Code § 922, part of the ...