Notice to All Federal Firearms Licensee Pawnbrokers in Tennessee

4/27/09

Federal law requires that a Tennessee Instant Check System (TICS) inquiry be made for each sale, delivery or transfer of a firearm. 18 U.S.C. § 922(t) and 27 C.F.R. § 478.102.

Although a recent opinion from the Tennessee Attorney General advised that criminal background checks need only be performed for Tennessee-defined “buy-sell” pawn contracts and need not be performed for Tennessee-defined “loan of money” pawn transactions, this has no effect on the requirements pursuant to the Gun Control Act. If there is a difference between Federal and State law, the Federal provision controls.

According to Federal law, pawn redemptions are deliveries or transfers of firearms and all pawn redemptions of any nature require TICS inquiries.  The remaining provisions regarding TICS requirements are found in the authorities cited above.  If you should have any questions, please contact your local ATF office.