Section 1395-01-03-.02 - DEFINITIONS(1) Account Information Form - Required form completed by the FFL and returned to the TBI TICS Unit along with the Federal Firearms License of the FFL prior to any transactions related to the transfer of firearms.(2) Alien - Any person not a citizen or national of the United States.(3) BATF - Bureau of Alcohol Tobacco and Firearms.(4) Business Day - A twenty-four (24) hour period beginning at 12:01 a.m., exclusive of the day on which a transaction takes place.(5) CHRI - Criminal history record information.(6) Consignment - type auction - Auction held on a regular basis (e.g., every 1-2 months) at which auctioneer takes possession of firearms pursuant to a consignment contract giving him/her the exclusive right and authority to sell the firearms at a location, time and date to be selected by the auctioneer and providing for a commission to be paid upon sale.(7) Controlled Substance - Defined in the Controlled Substances Act ( 21 U.S.C. 802).(8) Denial Database - A hardcopy collection of TICS denials and any accompanying documentation relevant to the decision-making process.(9) Estate - type auction - Auction at which auctioneer assists estate in selling the estate's firearms, and the firearms are possessed and transferred by the estate.(10) FBI - Federal Bureau of Investigation.(11) Federal Firearms License - License issued to an FFL by the BATF according to the Gun Control Act of 1968 to qualify as a licensed firearm dealer.(12) Federal Form 4473 - Form provided by the BATF to record information regarding the purchase or transfer of firearms.(13) FFL - Federal Firearms Licensee.(14) FFL Number - A six-segment number assigned to dealers by the BATF for identification and compliance purposes.(15) Firearm - A weapon as described in Tenn. Code Ann. § 39-11-106, including handguns, long guns, and all other weapons which meet the definition.(16) Firearms Dealer - Any person: (a) Engaged in the business of selling firearms at wholesale or retail;(b) Engaged in the business of repairing firearms or of making or fitting special barrels, stocks, trigger mechanisms to firearms; or(c) Who is a pawnbroker and deals in firearms.(17) GCA - Gun Control Act of 1968, 18 U.S.C. § 44.(18) Gun Shows - Locations where FFL's may legally transfer merchandise to display and sell firearms to individuals, other than at their regular business premises.(19) Handgun Permit - A permit issued by the Department of Safety according to the provisions of T.C.A. 39-17-1351.(20) III - Interstate Identification Index is a resident database of name indices and CHRI maintained by the FBI on individuals for whom the FBI has a fingerprint supported arrest history.(21) Juveniles - For the purposes of the TICS Program, any person under twenty-one (21) years of age.(22) Licensed Dealer - Any dealer who is licensed under the provisions of the Gun Control Act of 1968; See also FFL.(23) NCIC - National Crime Information Center is a database of information maintained by the FBI on wanted persons, stolen weapons, orders of protection and other specific criminal information.(24) Pawnbroker - Any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money.(25) Pawnshop - The location at which, or premises in which, a pawnbroker regularly conducts business.(26) POS - Point of Sale devices that are capable of running TICS checks from various locations electronically.(27) Redemption - A firearm transfer that occurs at a pawn shop, which is controlled by the GCA.(28) Resident - An individual who resides in the state in which the purchase is being made for at least ninety (90) days prior to proposed purchase.(29) RIU - The Records and Identification Unit of the TBI.(30) Straw Purchase - A purchase or transfer of a firearm made by an individual who is not obtaining the firearm for himself/ herself or as a gift but rather for an individual who is disqualified from receiving or possessing a firearm.(31) TBI - Tennessee Bureau of Investigation.(32) The Brady Act - The commonly accepted name for 18 U.S.C.A. 922 that requires background checks on individuals attempting to purchase firearms, including individuals attempting to redeem pawned or pledged firearms.(33) Thumb Print Form - A form furnished to an FFL by the TBI TICS staff, upon request, on which the thumbprints of an individual purchasing or redeeming a firearm are kept.(34) TICS - Tennessee Instant Check System.(35) Transaction Number - The number given to the FFL by the TBI TICS staff to identify each individual firearm transaction.(36) Transfer - (of firearm) includes redemption from pawn as well as outright purchase.(37) Valid Appeal - A process in which a purchaser who is assigned a denied status after a TBI TICS check submits an appeal form, provided by the FFL, that is completely filled out and legible to the TBI TICS Unit requesting a review of the Instant Check decision.(38) Valid Identification - Identification that:(a) Is issued under the authority of the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization. If the identification presented by the individual does not include a current address, the individual shall present a second piece of current identification that contains a current address; and(b) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual; and(c) Includes a photograph of the individual along with the name, address and date of birth, which is issued by a governmental entity for the purposes of identification of individuals.Tenn. Comp. R. & Regs. 1395-01-03-.02
Original rule filed November 6, 2001; effective March 30, 2002.Authority: T.C.A. §§ 39-17-1303, 39-17-1316, 18 U.S.C. § 44, 18 U.S.C. § 921, 18 U.S.C.A. § 925A, 26 U.S.C.A. § 5801 et seq., and 21 U.S.C. § 802.