Verified Firearm Specifications

SD1005 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

SD1044 — authorized

Citation: S.D. Codified Laws § 25-10-24

The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant's possession to local law enforcement.

SD1045 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

SD1047 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

SD1051 — school personnel other than peace officers

Citation: SD ST § 13-32-7 (2)(3)

Any person who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for imitative or noisemaking purposes, on or in any public elementary or secondary school premises, vehicle, or building, or on or in any premises,...

SD1043 — school personnel other than peace officers

Citation: South Dakota Administrative Rules Chapter 2:01:16 - School sentinel training program

2:01:16:02. Approved basic training course. The basic training course for a school sentinel consists of a curriculum of at least 80 hours of training and includes the following subject areas: (1) Firearms proficiency; (2) Use of force; (3) Legal aspects; (4) Weapons retention; (5) Weapons storage; (6) Identifying protocol for identifying sentinel; and (7) First aid.

SD1040 — comprehensive

Citation: SDCL §§ 7-18A-36; 9-19-20, 8-5-13

No county/municipality/township may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void.

SD1009 — youth possession

Citation: S.D. Codified Laws § 23-7-44

No person under the age of eighteen years may knowingly possess a pistol. A violation of this section is a Class 1 misdemeanor.

SD1048 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

SD1049 — minimum age purchase - federal

Citation: 38 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

SD1050 — minimum age possession - federal

Citation: 43 U.S.C. § 922(b)(1)(c)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

SD1052 — dvro ex parte : expanded

Citation: S.D. Codified Laws §§ 25-10-3.1, 25-10-6, 25-10-24

§ 25-10-3.1: Any person who is involved in one of the following relationships with another party: (2) Is in a significant romantic relationship or has been in one during the past twelve months with the abusing party. § 25-10-24: The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant's possession to local law enforcement. 25-10-6.

SD1023 — dvro ex parte

Citation: S.D. Codified Laws §§ 25-10-6, 25-10-24

§ 25-10-24: The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant's possession to local law enforcement. § 25-10-6.

SD1016 — general

Citation: 2009 South Dakota Laws Ch. 122 (SB 70)

Repealed.

SD1015 — general

Citation: S.D. Codified Laws § 23-7-9 (1994)

No seller may deliver a pistol to a person who has purchased a pistol until forty-eight hours have elapsed from the time of the sale of the pistol.

TN1005 — sales from dealer

Citation: Tenn. Code Ann. § 39-17-1316

(g) The Tennessee bureau of investigation may require that the dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the bureau.

TN1002 — private sales : point of sale

Citation: Tenn. Code Ann. § 39-17-1316(m)(3)

(m) (1) The background check does not apply to transactions between licensed importers, licensed manufacturers, licensed dealers, or licensed collectors who meet the requirements of subsection (b) and certify prior to the transaction the legal and licensed status of both parties. The burden shall fall upon the transferor to determine the legality of the transaction in progress.

TN1006 — sales from dealer

Citation: Tenn. Code Ann. § 39-17-1316(c)

(c) Except with respect to transactions between persons licensed as dealers under 18 U.S.C. § 923, a gun dealer shall comply with the following before a firearm is delivered to a purchaser: (1) The purchaser shall present to the dealer current identification meeting the requirements of subsection (f). (2) The gun dealer shall complete a firearms transaction record as required by 18 U.S.C.

TN1040 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

TN1039 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

TN1001 — private sales : point of sale

Citation: Tenn. Code Ann. § 39-17-1316(d)

(d) Nothing in this section shall preclude any person eligible to purchase a pistol or sidearm, as set out above, from making an occasional sale of a used or second-hand gun legally purchased by the person without being licensed to do business as such; but whenever a sale is made, the same procedure must be followed as is provided above for persons licensed by the state of Tennessee to engage in the business.

TN1004 — sales from dealer

Citation: Tenn. Code Ann. § 39-17-1316(b)

(b) Any person desiring to purchase a pistol or sidearm as above provided shall certify to the seller that the purchaser is not one of those listed above as prohibited from legal sale of a firearm, and the person having the gun for sale, whether a firearms dealer engaged in the business of selling firearms, new or used, or any other person, shall file with the sheriff of the county wherein the sale is to be made,...

TN1055 — shall issue (permit not required)

Citation: Tenn. Code Ann. § 39-17-1307

(g) It is an exception to the application of subsection (a) [concerning unlawful carriage of weapons] that a person is carrying, whether openly or concealed, a handgun and: (1)(A) The person is at least twenty-one (21) years of age; or (B) The person is at least eighteen (18) years of age and: (i) Is an honorably discharged or retired veteran of the United States armed forces; (ii) Is an honorably discharged member...

TN1010 — shall issue

Citation: Tenn. Code Ann. § 39-17-1351

Except as provided in subsection (r), any resident of Tennessee who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, may apply to the department of safety for a handgun carry permit. If the applicant is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C.

TN1008 — may issue

Citation: Tenn. Code Ann. § 39-17-1315(b)

(b) (1) In addition to the above individuals authorized to carry handguns by this or any other law of this state, a person wishing to carry a handgun shall apply to the sheriff of the county in which the person intends to carry a handgun for a handgun permit.

TN1009 — prohibited

Citation: Tenn. Code § 11007 (1932)

Any person who shall carry in any manner whatever, with the intent to go armed, any razor, dirk, bowie knife or other knife of like form, shape or size, sword cane, slung shot, black jack, brass knucks, Spanish stiletto, or any pistol or revolver of any kind whatever, except the army or navy pistol which shall be carried openly in the hand, or any other dangerous weapon, shall be guilty of a misdemeanor.

TN1013 — stand your ground

Citation: Tenn. Ann. Code § 39-11-611(b)

Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.

TN1011 — traditional

Citation: 1989 Pub.Acts, c. 591, § 1

Any person using force intended or likely to cause death or serious bodily injury within their own residence shall be presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to self, family or member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has forcibly entered the residence and...

TN1012 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

TN1015 — intentional, reckless, or knowing provision

Citation: Tenn. Code Ann. § 39-17-1320

(a) It is an offense for a person intentionally, knowingly or recklessly to provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile in violation of § 39-17-1319.

TN1016 — state license requirement

Citation: Tenn. Code Ann. § 39-4904

Provided however, before any person, firm or corporation shall engage in the business of selling, offering for sale, giving away or otherwise disposing of any pistol, revolver or other hand gun, such person, firm or corporation shall obtain from the Commissioner of Revenue a permit to engage in such business in the State of Tennessee.

TN1045 — required

Citation: T. C. A. § 36-3-620(a)

(1) If a law enforcement officer has probable cause to believe that a criminal offense involving domestic abuse against a victim, as defined in § 36-3-601, has occurred, the officer shall seize all weapons that are alleged to have been used by the abuser or threatened to be used by the abuser in the commission of a crime.

TN1056 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

TN1058 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

TN1048 — public and private : CCW not allowed

Citation: T. C. A. § 39-17-1309

(b)(1) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school...

TN1047 — public and private : possession prohibited

Citation: T. C. A. § 39-17-1309(b)(1)

It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or...