2019 Tennessee Code
Title 38 - Prevention and Detection of Crime
Chapter 8 - Employment and Training of Police Officers
Part 1 - General Provisions
§ 38-8-123. Determination of eligibility of retired officer to carry a firearm under federal law.
(a) The Tennessee POST commission shall determine a retired officer's eligibility to carry a firearm under federal law as provided in this section.
(b)
(1) In addition to the identification or certificate required by § 38-8-116(d), the applicant shall be required to submit an application and two (2) full sets of classifiable fingerprints to the Tennessee POST commission. The applicant shall present photo identification at the time the application is submitted to the Tennessee POST commission. The commission shall not accept the application and fingerprints submitted by the applicant unless the photo identification presented accurately identifies the applicant and the name on the photo identification, the name on the application, and, if the applicant's fingerprints were taken by a sheriff as provided in subdivision (b)(2), the name on the fingerprint card, are the same.
(2) The applicant's fingerprints may be taken by the Tennessee POST commission at the time the application is submitted or the applicant may have the fingerprints taken at any sheriff's office. If the applicant's fingerprints are taken by a sheriff, then the applicant shall be required to present photo identification at the time the fingerprints are taken. If the presented photo identification does not accurately identify the applicant, then the sheriff shall refuse to take the applicant's fingerprints. The sheriff may charge a fee not to exceed five dollars ($5.00) for taking the applicant's fingerprints.
(c)
(1) Upon receipt of an applicant's permit application and fingerprints, the Tennessee POST commission shall forward both sets of fingerprints to the Tennessee bureau of investigation (TBI).
(2) Upon receipt of the fingerprints from the Tennessee POST commission, the TBI shall:
(A) Within thirty (30) days from receipt of the fingerprints conduct:
(i) Any computer search available to the bureau based solely upon the applicant's name, date of birth and social security number to determine the applicant's eligibility for a permit under subsection (a) and send the results of the searches to the Tennessee POST commission;
(ii) A criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and
(B) Within fifteen (15) days, send one (1) set of the fingerprints received to the federal bureau of investigation (FBI). The TBI shall request that the FBI conduct a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission.
(d)
(1) The Tennessee POST commission shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI pursuant to subdivision (c)(2), or from other information that comes to the attention of the Tennessee POST commission, that the applicant is not eligible to carry a firearm under federal law. The Tennessee POST commission shall not be required to confirm the applicant's eligibility for certification beyond the information received from the TBI and FBI, if any.
(2) If the Tennessee POST commission denies an application, then the Tennessee POST commission shall notify the applicant in writing within ten (10) days of the denial. The written notice shall state the specific factual basis for the denial. It shall include a copy of any reports, records or inquiries reviewed or relied upon by the Tennessee POST commission.
