Buying from individuals in TN

[mopar92]

Let's say this is in Tennessee.
A- seller
B- buyer
B buys from A, A writes a bill of sale to B (legal age, no bad background), B pays cash, deal is done...
Does the buyer need to do anything? If the buyer is pulled over for speeding, and they run the numbers, it WILL come up as a different name... How does all this work?

 

[Joe Vaquero]

I'm in Tn and have bought, sold, traded several guns over the last little bit. Tennessee has no gun registration requirements that I'm aware of. As long as the gun has not been reported stolen then there should be no issue. If any questions are asked just tell them you bought it from a private party (which is within your legal rights to do so). So what part of Tn are you from? And have you checked out GOC.com?

 

[mopar92]

North of Nashville Joe... Will check out the link...

 

[Sam1911]

No, it WON'T come up as a different name. It won't come up at all! Unless your state registers guns and gun owners, there is no record of who owns what gun, except for the paper copies of the 4473 sitting in the filing cabinets of the last dealer to sell it.

When the police "run the numbers" they are looking to see if that gun matches the description and serial number of any gun in their STOLEN guns database. If the gun hasn't been reported stolen, they have no record of it.

 

[Canazes9]

And when the police officer says "I'm just going to call the numbers in on this to see if it's stolen" you can politely tell him

"no sir (or mam), I do not give your permission to check the numbers on this firearm - am I free to go?" and be on your way....

Legally possessing a firearm during a routine traffic stop does not give probable cause to run the serial number on a firearm to see if it is stolen. Now if you give consent, well then you've given up your 4th amendment rights.

David

 

[Sam1911]

Well, that's one way to play it. However, don't be too surprised if it doesn't get you the reaction you're looking for.

Most of the time "...am I free to go?" is followed by, "no, if you were free to go I'd have told you so!"

You may have a 4th Amendment case if you verbally refuse a search, but that's a matter to take up with your lawyer and the department later. The courts have ruled in many cases that an officer MAY disarm you during a traffic stop. If he he's got the gun in hand and feels like calling in the numbers, you can't physically prevent him from doing so. Physically resisting is going to cause you a lot worse headaches, quickly, than fighting the issue later through legal channels. As it is, I don't know that any court has yet ruled that running a gun's serial numbers against the stolen gun database constitutes an unlawful search.

Telling the officer that you do not consent to any searches may set you up for action later, but what traction your lawyer can get with that is in question.

 

[mopar92]

Louisiana temporarily disarms CCW owners of their 2nd amendment rights too, then they rearm you if you check out ok...

 

[Canazes9]

Sam,

Experiences do seem to vary. In my case my firearm was returned, still holstered, serial number un-read and un-run and I went about my business.

Never suggested in any way physical confrontation or even verbal confrontation over this issue or any other in any dealing w/ a police officer - no one ever wins there, no matter the justification. Just a simple polite declaration that I would not willing give consent to a search - if the officer does not agree and runs it anyway that's a matter to be taken up with his supervisor at another time and another place.


David

 

[Sam1911]

Agreed. And it is quite interesting to hear that you had a positive reaction using that statement.

I've heard it suggested many times. I've not run into anyone who has actually done it!

 

[Bubba613]

Tn does not register guns. Period. There is no record of gun sales beyond what a dealer is required to maintain in his own store.
If you buy a stolen gun from an individual you will not be charged with anything. I've had this happen several times. The gun is lost, of course. But that's the trade-off.
I know around Nashville cops are pretty good about private citizens going armed. In some of the smaller towns it might be a little different.

 

[Canazes9]

I wouldn't say it was "positive", he didn't look real pleased. He stared at me for 10-15 seconds, looked at my ID again then handed the firearm and ID back to me and told me to drive safe, then walked back to his car.


David

 

[22-rimfire]

Mopar92, your scenario is perfectly legal. If the officer saw the firearm and wanted to "run the numbers", I would be perfectly comfortable with that unless I believed it was "hot". In which case, you forfeit the gun when it is determined to be stolen and you have some explaining to do.

 

[mopar92]

My cop buddy ran the numbers before I bought it, it is legit. Thanks guys for the thoughts...

 

[JoelSteinbach]

Tn requires a back ground check each time you purchae a weapon from an ffl dealer evewn if you have a handgun carry permit.

 

[Bernie Lomax]

And when the police officer says "I'm just going to call the numbers in on this to see if it's stolen" you can politely tell him

"no sir (or mam), I do not give your permission to check the numbers on this firearm - am I free to go?"

And the cop can say, "I don't need your permission. I'm going to run it anyway."

Legally possessing a firearm during a routine traffic stop does not give probable cause to run the serial number on a firearm to see if it is stolen. Now if you give consent, well then you've given up your 4th amendment rights.

The courts have held that the police have the right to make use of any information that's in plain view or comes into plain view as the result of a lawful search or seizure.

 

[Sam1911]

Tn requires a back ground check each time you purchae a weapon from an ffl dealer evewn if you have a handgun carry permit.

Yeah. Ok. Actually that's federal law. TN just doesn't have carry permit that opts the holder out of the Brady check. (PA doesn't either.)

But that isn't a registration of the gun or owner.

 

[Canazes9]

Bernie,

It was not in plain view - it was in my pocket and in my holster. The only reason it was removed (from my pocket, not the holster) was by the request of the officer (as was his right). The law is specific, it says the officer can disarm for safety concerns, it does not give him the right to disarm me for the purpose of running serial numbers. Nor is disarming me for safety concerns a legal search or a seizure. In short disarming someone for safety concerns in a traffic stop is neither a legal search or a seizure.

Believe what you will.

David

 

[LibShooter]

Keep that bill of sale.

Back in the day, my Dad did a good bit of buying, selling and trading of guns. One of the guys Dad bought a gun from was the victim of a burglary. A few days later he called Dad to tell him he reported the gun stolen. It was still on the inventory list he handed to the police. I don't know if he corrected it, but that was before shared electronic databases. Today, it might be difficult to "unreport" a stolen gun.

 

[razorback2003]

There is no such thing as a gun coming up under someone's name in Tennessee, unless such gun is reported stolen by the owner. Guns are not registered in Tennessee. You don't even have to write up a bill of sale in private party sales. As long as you are both residents of Tennessee, the buyer can just hand you cash and you and him the gun. You both must be acting in good faith in following the state and fed laws.

As far as our handgun carry permits, anyone can carry anyone's legal handgun. You can carry your buddy's or cousin's 1911 if he is kind enough to loan it to you. Same with borrowing long guns, though those can't be carried in public for the most part. Our handgun carry permits are cross referenced with the state DL, in fact same number...but not cross referenced with our license plates. Same concept of anyone can drive anyone's car.

Sadly our handgun carry permit is not exempt from the TICS ten dollar fee when buying a firearm from an FFL in Tennessee because the Department of Safety does not conduct annual background checks on handgun carry permits. States like Arkansas and Mississippi conduct yearly checks on licensees, so are a substitute for a background check when buying from a dealer.

 

[InkEd]

That about sums it up on TN firearm purchases.