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Tennessee law states that any weapon that is possessed, used or sold in violation of the law shall be confiscated by a law enforcement officer and declared to be contraband by a court of record exercising criminal jurisdiction.((Tenn. Code Ann. § 39-13-1317.))

Domestic Violence Convictions

Persons convicted of domestic violence offenses are required to terminate possession of all firearms within 48 hours of the conviction by lawfully selling or transferring their firearms to a third party; such offenders must also file an affidavit with the court attesting that they relinquished all firearms, as required.((Tenn. Code Ann. § 39-13-111. Specific procedures for relinquishment of firearms are detailed under Tenn. Code Ann. § 36-3-625.))

Domestic Violence Orders of Protection

If a domestic violence order of protection is granted in a manner that fully complies with 18 U.S.C. § 922(g)(8), the person subject to that order must lawfully terminate physical possession of all firearms he or she possesses, such as by transferring his or her firearms to a third party who is not prohibited from possessing firearms, within 48 hours of the granting of the order.((Tenn. Code Ann. § 36-3-625.)) Such respondents must also file an affidavit with the court attesting that they relinquished all firearms, as required, and is prohibited under state law from knowingly failing to surrender to law enforcement or lawfully transfer all firearms.((Tenn. Code Ann. § 36-3-625(h)(1), (2).)) Such individuals may re-assume possession of the dispossessed firearm at such time as the order expires or is otherwise no longer in effect.((Tenn. Code Ann. § 36-3-625(a)(2).))

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Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.

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