Where Does Tennessee Law Stand on Ghost Guns?
Homemade, untraceable firearms built from 3D printers or kits are on the rise across the United States. These guns are known as "ghost guns," and while they are federally regulated, laws from state to state vary widely. Currently, only 15 states have laws prohibiting the possession of ghost guns, and Tennessee is not one of them. Ghost guns are typically built to avoid background checks or other state or federal laws that would prohibit gun ownership.
The number of ghost guns recovered by law enforcement rose 39 percent between 2016 and 2020, with nearly 24,000 ghost guns recovered during those five years. It is essential to understand how Tennessee law interacts with federal regulations, which can lead to unexpected criminal charges. The federal government proposed a rule in May 2021 that designated ghost guns as firearms, requiring that they be sold with serial numbers and background checks.
Even though Tennessee currently has no state law that specifically bans or regulates ghost guns, an individual caught with a ghost gun could potentially be prosecuted under federal law. Since federal laws and penalties are typically very harsh, it is important that your Lenoir City, TN criminal defense lawyer also be experienced in defending federal charges.
What is the Federal Law on Ghost Guns?
A final version of the proposed federal rule was issued in April 2022, going into effect in August of that same year. After facing multiple legal challenges from gun rights groups, the regulation was upheld by the Supreme Court in a 7-2 decision in March 2025 (Bondi v.VanDerStock). The provisions of this federal law include:
- The terms "frame" and "receiver" have been redefined to include partially complete components that can be converted into a functional firearm.
- Parts kits containing the components necessary to assemble a functional firearm are classified as firearms.
- Licensed dealers must conduct a background check before selling ghost gun kits or components to a buyer.
- Manufacturers of ghost gun kits must place serial numbers on the key components of the gun.
- Licensed gunsmiths must add serial numbers to any privately made, unserialized firearms they acquire.
When Can Ghost Gun Possession Lead to Criminal Charges in Tennessee?
If a ghost gun is found in the possession of a felon, a domestic violence offender, or an underage individual, or if any person is found with an unserialized ghost gun, he or she could be charged federally. A person who uses a ghost gun during the commission of another crime in Tennessee may face harsher penalties in a Tennessee court.
There may be confusion regarding state and federal enforcement; Tennessee residents may assume that a practice is legal even though federal restrictions apply. Because of this, homemade guns may be sold or transferred without compliance with federal laws. Federal ATF crackdowns in other states can easily spill over into the state of Tennessee.
Are There Defenses to Federal Charges for Ghost Guns?
A person facing federal ghost gun charges definitely needs a strong, knowledgeable Tennessee federal crimes attorney who can challenge whether the ghost gun falls under federal definitions. A federal crimes attorney can also raise constitutional arguments regarding Tennessee’s strong firearm protections or negotiate charges down in cases where there were no other crimes involved. If the evidence is strong, then penalties can potentially be negotiated for a much lighter sentence.
Contact a Loudon County, TN Federal Firearms Crimes Attorney
You should never attempt to navigate federal charges on your own, as you could face a severe federal prison sentence. An experienced Lenoir City, TN criminal defense lawyer from The Baker Law Firm can review your case and build a strong defense strategy on your behalf.
As the founding attorney, Attorney Baker has garnered recognition both nationally and locally, receiving such honors as Mid-South Rising Star by Super Lawyers and being listed in the National Trial Lawyers Top 40 Under 40 in the Criminal Defense category. Call 865-200-4117 to schedule your free consultation.