Tennessee § 39-17-1302 - Prohibited weapons.

§ 39-17-1302. Prohibited weapons.

A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells: An explosive or an explosive weapon; A device principally designed, made or adapted for delivering or shooting an explosive weapon; A machine gun; A short-barrel rifle or shotgun; Hoax device; Knuckles; or Any other implement for infliction of serious bodily injury or death that has no common lawful purpose. It is a defense to prosecution under this section that the person's conduct: Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution; Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1); Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research; Was incident to displaying the weapon in a public museum or exhibition; or Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1). It is an affirmative defense to prosecution under this section that the person must prove by a preponderance of the evidence that: The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(4), that it was in a nonfunctioning condition and could not readily be made operable; or The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor. It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance with the requirements of the National Firearms Act (26 U.S.C. §§ 5841-5862). Subsection (a) shall not apply to the possession, manufacture, transportation, repair, or sale of an explosive if: The person in question is eighteen (18) years of age or older; and The possession, manufacture, transport, repair, or sale was incident to creating or using an exploding target for lawful sporting activity, as solely intended by the commercial manufacturer. An offense under subdivision (a)(1) is a Class B felony. An offense under subdivisions (a)(2)-(4) is a Class E felony. An offense under subdivision (a)(5) is a Class C felony. An offense under subdivisions (a)(6)-(7) is a Class A misdemeanor. Acts 1989, ch. 591, § 1; 1990, ch. 1029, §§ 2, 11; 2001, ch. 375, §§ 3, 4; 2002, ch. 849, § 5; 2006, ch. 798, § 1; 2014, ch. 647, §§ 1, 2; 2015, ch. 85, §§ 1, 2; 2015, ch. 397, § 1; 2017, ch. 339, §§ 3-6. Sentencing Commission Comments. This section concerns weapons which have little or no lawful purpose. Subsection (b) establishes the defenses for law enforcement and military purposes as well as industrial, scientific and artistic purposes and other limited circumstances of lawful registration. Subsection (c) establishes affirmative defenses, with the burden of persuasion on the defendant because the facts necessary to establish the defenses are in most instances known exclusively to the defendant. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2017, ch. 339, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Hearing Protection Act.” Cross-References. Penalties for Class B, C and E felonies, § 40-35-111 . Penalty for Class A misdemeanor, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Explosions and Explosives, § 2; 25 Tenn. Juris., Weapons, §§ 3, 7. Attorney General Opinions. Use of exploding targets. OAG 15-12, 2015 Tenn. AG LEXIS 12 (2/5/15). T.C.A.§ 39-17-1311 (a) prohibits possession of those weapons listed in T.C.A. § 39-17-1302(a) and prohibits possession of other types of weapons on recreational property owned or operated by state, county, or municipal governments at any time the person’s conduct does not strictly conform to the requirements of T.C.A. § 39-17-1311 (b)(1). T.C.A. § 39-11-1311(b)(1)(H) authorizes holders of valid handgun carry permits to possess a handgun in the places specifically identified in the subsection. The statute is silent regarding the possession of rifles or shotguns in those places. Thus, T.C.A. § 39-17-1311(b)(1)(H) permits the holder of a valid handgun carry permit to possess only handguns in the areas, places, and facilities that are specifically described therein. Under T.C.A. § 39-17-1311(b)(1)(J) , civilians with or without a valid handgun carry permit may possess handguns, rifles, and shotguns on the grounds of a public park, playground, civic center, or other building facility, area or property owned, used, or operated by any state, county, or municipal government for recreational purposes, but only while the civilian is engaged in one of the specific activities set forth in that subsection and only as long as the civilian’s conduct strictly conforms to the statutorily circumscribed activity. In enacting T.C.A. §§ 39-17-1311 and 39-17-1314 , the legislature has preempted the entire field of regulation of the possession and use of firearms, including the possession and use of firearms in public parks, playgrounds, civic centers, buildings, facilities, areas, and other facilities and property owned by any state, county, or municipal government, or instrumentality thereof for recreational purposes. Thus, counties and municipalities may not prohibit or otherwise regulate possession or use of firearms in or on those properties in any manner that conflicts with state law. OAG 18-04, 2018 Tenn. AG LEXIS 4 (1/31/2018).