Section 1395-01-03-.05 - DENIALS(1) The TBI TICS shall issue a Denial for reasons including, but not limited to, the following: (a) Addiction to alcohol;(b) Felony conviction punishable by imprisonment for one (1) year or more;(c) Under indictment for an offense punishable by imprisonment for one (1) year or more;(d) Fugitive from justice, including a felony or misdemeanor;(e) Addicted to or unlawful user of any controlled substance;(f) An adjudicated mental defective or has been committed to a mental institution;(g) An alien who is illegally or unlawfully in the United States;(h) Dishonorably discharged from the United States Armed Forces; (i) Has renounced his/her United States citizenship;(j) Conviction in any court of a misdemeanor crime of domestic violence;(k) Subject to a court order issued after a hearing, during which he/she received actual notice, and that restrains him/her from committing domestic violence;(l) Persons who are legally in the United States, but under non-immigrant status;(m) Persons who have not been residents of Tennessee for at least ninety (90) days continuously prior to the proposed purchase;(n) Persons who misuse the TICS Program in any way or provide false information to purchase or transfer a firearm;(o) Individual prohibited from obtaining a firearm under any state or federal law not listed; or(p) Any other disabling reason resulting from new or amended state or federal law.(2) All convictions on arrest charges will be determined by the law of the jurisdiction in which the individual was convicted.(3) Juveniles may not legally purchase a handgun or handgun ammunition and persons under eighteen (18) years of age may not legally purchase a long gun or long gun ammunition.(4) The sale or transfer of a handgun to out-of-state residents by a Tennessee FFL is prohibited and the sale or transfer of a longgun to an out-of-state resident by a Tennessee FFL may be approved only under the following conditions: (a) The FFL shall request a TICS check; and(b) The transfer is legal in both states involved.(5) An individual who performs or attempts a straw purchase or transfer is in violation of the law and will be reported to the BATF.(6) An individual who has received a denied decision may find out the basis for the denial in the following manner:(a) Request the appropriate appeal form and the transaction number from the FFL that handled the denied transaction; and(b) Fill out the form and mail or fax it to the TBI TICS Unit within thirty (30) days.(7) The TBI TICS Unit must attempt to respond to any valid appeal in writing within five (5) business days and include the reason for denial and the proper procedure for challenging the denial.(8) An individual may appeal the decision of the TBI TICS Unit by sending the necessary documentation to support a challenge, including the final disposition of charges or expunction orders on official letterhead, bearing certification from the department head of that agency, to the TBI TICS Unit, and the following requirements apply to the appeals process:(a) The burden of proof is on the individual to prove that information is incorrect or that the charge in question was dismissed or that the conviction has been expunged, set aside or pardoned;(b) If applicable, the burden of proof is on the individual to prove that his/her civil rights have been restored and that the restoration of rights does not prohibit possession of a firearm under federal or state law; and(c) The appeal will only be successful if the individual is not otherwise prohibited for any reason by the law of Tennessee from receiving or possessing a firearm.(9) The TBI TICS staff shall review the completed appeal documentation, and if the appeal is successful, the staff shall change the denied status to approved. If the successful appeal concerns an entry in TCIC the TBI TICS staff shall provide the proffered documentation to the TBI RIU for correction of the record. If the successful appeal concerns an entry in III the TBI TICS staff shall forward the proffered documentation to the FBI for correction of the record.(10) When a TICS check reveals an arrest for a potentially disqualifying offense with no disposition the transaction will be denied. The purchaser may appeal the denial by following the procedure outlined in paragraphs 6-9 above.Tenn. Comp. R. & Regs. 1395-01-03-.05
Original rule filed November 6, 2001; effective March 30, 2002.Authority: T.C.A. §§ 39-17-1303, 39-17-1316, 40-29-101, 18 U.S.C.A. § 925A, 26 U.S.C.A. § 5801 et seq., and 21 U.S.C. § 802.