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Unlawful Sale of Firearms

Attorney Defending Clients in Nashville and Surrounding Areas

Gun sales by dealers and other licensed people are generally permitted in Tennessee. People authorized to sell firearms in the state, however, must comply with Tennessee gun sale laws. The unlawful sale of firearms can result in criminal charges and serious penalties if convicted. Nashville gun crime lawyer Bernie McEvoy defends those accused of unlawful firearms sales in Nashville and the surrounding area. He can analyze your case for potential defenses and develop a strategy to fight unlawful sale of firearms charges.

Unlawful Sale of Firearms Offenses in Tennessee

Any person who is appropriately licensed by the federal government may sell firearms in accordance with the requirements of Tennessee law. Firearms include handguns, long guns, and other weapons that meet the definition except for antique firearms. Gun dealers who are engaged in the business of selling or transferring firearms, such as pawnbrokers or retail dealers, must comply with background check requirements before delivering a firearm to a purchaser. This means obtaining identification from the purchaser, completing a firearms transaction record with the signature of the purchaser, and requesting a criminal history record check of the purchaser from the Tennessee Bureau of Investigation.

There are exceptions to these requirements. Background checks are not needed for transactions between licensed dealers, importers, and manufacturers, or sales to law enforcement agencies, among other exceptions. In addition, individuals who are not engaged in the business of firearm dealing are not required to obtain a background check before making the occasional sale of a used or second-hand firearm.

A person who intentionally, knowingly, recklessly, or with criminal negligence violates the Tennessee firearm sale requirements law may be charged with a Class A misdemeanor. The offense applies to violations such as failing to request a background check when required, firearm sales dealing without the appropriate license, and selling a firearm to someone who is prohibited from possessing one, among other violations.

Firearm Sales to Prohibited Persons

Firearm sales to people who cannot possess them lawfully are prohibited in Tennessee. While there are exceptions, this group generally includes minors, people who are intoxicated, people with a conviction or pending charge for domestic violence, violating a domestic violence protective order, stalking, a felony offense, fugitives from the law, drug and alcohol addicts, people committed or adjudicated as mentally unsound, among others. Intentionally, knowingly, or recklessly selling a firearm to someone knowing they are prohibited by state or federal law from owning, possessing, or buying a firearm is a Class A misdemeanor in Tennessee. There are exceptions that may provide a defense to charges for selling a firearm to someone who is ineligible, depending on the situation.

Sale of Prohibited Firearms

Tennessee law prohibits the sale of certain types of firearms. Machine guns, short-barrel rifles, short-barrel shotguns, and devices that shoot explosive weapons are generally illegal to sell, as well as possess, in Tennessee. Selling a machine gun or short-barrel rifle or shotgun is a Class E felony offense. However, the statute provides multiple exceptions that, if applicable to the charges, may be a defense to prosecution. For example, keepsake or curio firearms that are not operable or functioning may be sold in some situations. If you have been accused of the unlawful sale of a firearm, a gun crimes attorney can advise you of potential defenses that may apply in your situation.

Contact a Defense Lawyer in Nashville

You can defend against charges for the unlawful sale of firearms with the assistance of an experienced defense attorney. Lawyer Bernie McEvoy represents defendants who have been arrested for unlawful firearm sales, illegal gun possession, and other felony weapon offenses. He serves residents of Davidson and Williamson Counties, particularly in Nashville and Franklin. Schedule a free consultation by calling our office at (615) 255-9595 during business hours. We are also available by calling (615) 804-8779 on evenings and weekends, or you can contact us online.

Client Reviews
“Bernie McEvoy was very focused on learning all the facts of the case I brought to him. He represented me with the highest of professionalism. He is a great listener who knows how to formulate a plan of action and seek the best possible solution.” Larry M.
“From the moment I met Mr. McEvoy, he welcomed me as a client and provided excellent representation. He has compassion for each person and works diligently to provided the best possible results.” Lawrence E.
“We hired Bernie for a criminal defense case. Overall we were pleased with the outcome. I would recommend Mr. McEvoy. He is very pleasant to work with and works “for” you, not the system. Thanks Bernie!” Taffney H.