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.

Frantz, McConnell & Seymour | FMS

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 ...
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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 ...
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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 ...
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Recent Changes to Laws on Firearm Possession and Local Governments

New legislation affects local governments wanting to prohibit handgun permit holders from possessing handguns on property owned or controlled by local governments. Public Chapter 0467 is the result of House Bill 508 and Senate Bill 445. Note that it does not apply to property owned by the state. The new ...
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Frantz, McConnell & Seymour | FMS

Potential Legal Traps for Executors Distributing Firearms from an Estate

In Tennessee, like most states, estates frequently include the decedent’s firearms. There are legal concerns for the executor1 concerning distributing the firearms to beneficiaries or heirs of an estate. These can involve a beneficiary who is disqualified from possessing a firearm, or too young to take possession. There may even ...
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Recent Changes in National Firearms Act Regulations

The federal National Firearms Act (NFA) regulates such items as machine guns, short-barrel rifles and shotguns and suppressors. New regulations, effective July 13, 2016 affect so-called gun trusts and possession of items by the executor of the estate of the owner. For several reasons, gun trusts have become extremely popular ...
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Supreme Court Rules Second Amendment Protects Stun Guns

The U.S. Supreme Court has issued an opinion applying the Second Amendment right to keep and bear arms to stun guns. The case is Caetano v. Massachusetts. It involved a woman who was carrying a stun gun as protection against a former boyfriend. On one occasion, she had to display ...
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Firearm Transfers Between Residents of Different States

It comes as a surprise to many that federal law strictly regulates transfers of firearms between residents of different states. This is not something new. It is part of the Gun Control Act of 1968, 18 U.S. Code §922. In particular, under 18 U.S. Code §922(a)(3), it is illegal for ...
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Guns in Parks

Possession of weapons in parks is governed by Tenn. Code 39-17-1311. Generally, it is an offense for a person to carry certain weapons in or on the grounds of any public park owned by the state, counties, cities or towns. There are exceptions for law enforcement officers, security guards and ...
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RESTORATION OF FIREARM RIGHTS AFTER JUDICIAL COMMITMENT

A person who has been “adjudicated as a mental defective” or who has been committed to a mental institution may not lawfully possess firearms or ammunition under federal and Tennessee law. 18 U.S. Code §922 and Tenn. Code. Ann. §39-17-(f)(1)(C). There is a procedure in the U.S. Code for relief ...
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