WEAPONS

Memphis Code of Ordinances tit. 10, ch. 10-32

in effect

Memphis Code of Ordinances § 10-32-1 Air guns—Discharge prohibited—Exception.

Sec. 10-32-1. - Air guns—Discharge prohibited—Exception. It shall be a misdemeanor for any person to discharge within the limits of the city any air gun, air pistol, air rifle or BB gun, capable of discharging a metal bullet or pellet, whether propelled by spring, compressed air, expanding gas (CO 2 ), explosive, or other force-producing means or method, except within a legally established target range or shooting gallery. (Code 1967, § 22-3; Code 1985, § 20-3)

Memphis Code of Ordinances § 10-32-2 Reserved.

Memphis Code of Ordinances § 10-32-3 Replica firearms.

Sec. 10-32-3. - Replica firearms. A. Prohibited. It shall be a misdemeanor for any person to sell, at retail or wholesale, manufacture, or give away, within the limits of the city, any toy look-alike gun, replica gun, or realistic toy gun. B. Definition. For purposes of this section and chapter, "toy look-alike gun," "replica gun," or "realistic toy gun" means: any device or object which outwardly resembles a firearm manufactured after 1898, made of plastic, wood, metal, or any other material which is a replica, facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other device, which might reasonably be perceived to be a real or actual firearm, unless the replica, imitation, or toy firearm shall be colored in colors other than black, blue, silver or aluminum, and further, that the barrel of the toy shall be closed with the same material of which the toy is made, for a distance of not less than one-half inch from the front end of the barrel. The term includes instruments which expel water and those which use air pressure to expel nonmetallic projectiles. C. Exception. Such term shall not include any nonfiring replica of an antique firearm, the original of which was designed, manufactured and produced prior to 1898. Practice or demonstrations in the use of such guns is permitted only in a legally established gun range or shooting gallery. D. Manufacture and marketing. The manufacture, marketing, distribution and sale of replica or facsimile toy guns are permitted if such devices are manufactured, marketed, distributed or sold: 1. Solely for subsequent transportation in intrastate, interstate or foreign commerce; or 2. Solely for lawful use in theatrical productions, including action picture, television and stage productions. E. Effective date. This section shall become effective from and after January 1, 1989, and shall apply to such guns manufactured for sale at retail or wholesale after said date. (Code 1985, § 20-22; Ord. No. 3724, § 1(3), 2-16-1988)

Memphis Code of Ordinances § 10-32-4 Discharging firearms.

Sec. 10-32-4. - Discharging firearms. A. It shall be a misdemeanor to discharge any pistol, gun or firearm of any description within the city, except in self defense or while executing some law, or within a legally established gun range or shooting gallery. B. It shall be a misdemeanor to discharge any replica gun, or realistic toy gun, of any description, including that as defined in section 10-32-3, within the limits of the city. (Code 1967, § 22-52; Code 1985, § 20-23; Ord. No. 941, § 1, 4-27-1971; Ord. No. 3724, § 1(2), 2-16-1988)

Memphis Code of Ordinances § 10-32-5 Weapons—Carrying.

Sec. 10-32-5. - Weapons—Carrying. A. No person shall be allowed to carry a handgun in the City of Memphis without possessing a valid handgun carry permit. B. No person shall be allowed to carry, store, or travel with a handgun in a vehicle in the City of Memphis without possessing a valid handgun permit. C. It shall be unlawful for a person to store a firearm, whether loaded or unloaded, or firearm ammunition, in a motor vehicle or boat while the person is not in the motor vehicle or boat unless the firearm or firearm ammunition is kept from ordinary observation and locked within the trunk, utility or glove box, or a locked container securely affixed to the motor vehicle or boat. D. The proliferation and use of assault weapons pose a threat to the health, safety, and security of all citizens of Memphis. E. It shall be unlawful and prohibited for a person to possess or carry, openly or concealed, any assault rifles in the City of Memphis. Persons with valid handgun permits are exempt from this restriction when possessing or carrying an assault rifle on their privately owned property or at a shooting range. F. Any person who violates this section shall be guilty of a misdemeanor and upon conviction shall be subject to punishment as provided in section 1-1-8. (Ord. No. 5926, § 1, 2-4-2025)

Memphis Code of Ordinances § 10-32-6 Commercial sale of assault rifles.

Sec. 10-32-6. - Commercial sale of assault rifles. A. The commercial sale of assault rifles within the City of Memphis shall be deemed unlawful and is prohibited. B. The provisions of this chapter shall not apply to the commercial sale of assault rifles to: 1. Any federal, state, local law enforcement agency; 2. The United States Armed Forces or department or agency of the United States; 3. Tennessee National Guard, or a department, agency, or political subdivision of a state; or 4. A law enforcement officer. C. This prohibition shall not apply to those pre-existing owners who can demonstrate that the commercial sale of an assault rifle was completed prior to January 1, 2025. 1. A pre-existing owner is one who, in the purchase of an assault rifle in a commercial sale prior to January 1, 2025, completed an application, passed a background check, and has a receipt or purchase order for said purchase, without regard to whether the purchaser has actual physical possession of the assault rifle and complied with any other requirements regarding the purchase and sale of weapons, codified in Tenn. Code Ann. §§ 39-17-1316 and 39-17-1351. (Ord. No. 5926, § 1, 2-4-2025)

Memphis Code of Ordinances § 10-32-7 Extreme risk protection orders.

Sec. 10-32-7. - Extreme risk protection orders. A. Definitions: 1. Petitioner means: a. A law enforcement officer or agency, including an attorney for the state; b. A member of the family of the respondent, which shall be understood to mean a parent, spouse, child, or sibling of the respondent; c. A member of the household of the respondent; d. A dating or intimate partner of the respondent; e. A health care provider who has provided health services to the respondent; f. An official of a school or school system in which the respondent is enrolled or has been enrolled within the preceding month; 2. Respondent means the person against whom an order under sections 10-32-8 or 10-32-9 has been sought or granted. B. Types of orders: 1. The petitioner may apply for an emergency ex parte order as provided in section 10-32-8 or an order following a hearing as provided in section 10-32-9. (Ord. No. 5926, § 1, 2-4-2025)

Memphis Code of Ordinances § 10-32-8 Emergency ex parte order.

Sec. 10-32-8. - Emergency ex parte order. A. Basis for order. The court shall issue an emergency ex parte extreme risk protection order upon submission of an application by a petitioner, supported by an affidavit or sworn oral statement of the petitioner or other witness, that provides specific facts establishing probable cause that the respondent's possession or receipt of a firearm will pose a significant danger or extreme risk of personal injury' or death to the respondent or another person. The court shall take up and decide such an application on the day it is submitted, or if review and decision of the application on the same day is not feasible, then as quickly as possible but in no case later than 48 hours. B. Content of order. An order issued under this section shall: 1. Prohibit the respondent from possessing, using, purchasing, manufacturing, or otherwise receiving a firearm; 2. Order the respondent to provisionally surrender any firearms in his or her possession or control, and any license or permit allowing the respondent to possess or acquire a firearm, to any law enforcement officer presenting the order or to a law enforcement agency as directed by the officer or the order; and 3. Inform the respondent of the time and place of the hearing under section 3 to determine whether he or she will be subject to a continuing prohibition on possessing and acquiring firearms. C. Search and seizure. 1. If the application and its supporting affidavit or statement establish probable cause that the respondent has access to a firearm, on his or her person or in an identified place, the court shall concurrently issue a warrant authorizing a law enforcement agency to search the person of the respondent and any such place for firearms and to seize any firearm therein to which the respondent would have access. 2. The court may subsequently issue additional search warrants of this nature based on probable cause that the respondent has retained, acquired, or gained access to firearm while an order under this section remains in effect. 3. If the owner of a firearm seized pursuant to this subsection is a person other than the respondent, the owner may secure the return of the firearm as provided in section 10-32-9 C. 3. D. Time for service and searches. The responsible law enforcement agency shall serve the order on the respondent and carry out any search authorized under subsection C. 1., promptly following issuance of the order. If a search is authorized under subsection C. 1., the agency may serve the order on the respondent concurrently with or after the execution of the search. (Ord. No. 5926, § 1, 2-4-2025)

Memphis Code of Ordinances § 10-32-9 Order after hearing.

Sec. 10-32-9. - Order after hearing. A. Order after hearing. Upon application for an extreme risk protection order, supported by an affidavit or sworn oral statement of the petitioner or other witness that provides specific facts giving rise to the concern about the significant danger or extreme risk described in section 10-32-8, the court may issue an order under this section, which shall be effective for a period of one year after a hearing. An order issued under this section shall, 1. Prohibit the respondent from possessing, using, purchasing, or otherwise receiving a firearm; and 2. Order the respondent to surrender any firearm in his or her possession or control, and any license or permit allowing the respondent to possess or acquire a firearm, to any law enforcement officer presenting the order or to a law enforcement agency as directed by the officer or the order. B. Basis for order. The court shall issue such an order based on a preponderance of the evidence that the respondent's possession or receipt of a firearm will pose a significant danger or extreme risk of personal injury or death to the respondent or another person. In determining the satisfaction of this requirement, the court shall consider all relevant facts and circumstances after reviewing the petitioner's application and conducting the hearing described in section 10-32-9 D. The court may order a psychological evaluation of the respondent, including voluntary or involuntary commitment of the respondent for purposes of such an evaluation, to the extent authorized by other law. C. Search and seizure. 1. If the evidence presented at the hearing establishes probable cause that the respondent has access to a firearm, on his or her person or in an identified place, the court shall concurrently issue a warrant authorizing a law enforcement agency to search the person of the respondent and any such place for firearms and to seize any firearm therein to which the respondent would have access. 2. The court may subsequently issue additional search warrants of this nature based on probable cause that the respondent has retained, acquired, or gained access to a firearm while an order under this section remains in effect. 3. If the owner of a firearm seized pursuant to this subsection is a person other than the respondent, the owner may secure the prompt return of the firearm by providing an affidavit to the law enforcement agency affirming his or her ownership of the firearm and providing assurance that he or she will safeguard the firearm against access by the respondent. The law enforcement agency shall return the firearm to the owner upon its confirmation, including by a check of the National Instant Criminal Background Check System and the applicable state firearm background check system, that the owner is not legally disqualified from possessing or receiving the firearm. D. Time for hearings and service. 1. A hearing under this section shall be held within three days of the filing of the application, or within one day of the issuance of an emergency ex parte order under section 10-32-8, if such an order is issued. The responsible law enforcement agency shall serve notice of the hearing on the respondent promptly after the filing of the application or issuance of an emergency ex parte order, but notice may be provided by publication or mailing if the respondent cannot be personally served within the specified period. The respondent shall be entitled to one continuance of up to two days on request, and the court may thereafter grant an additional continuance or continuances for good cause. Any emergency ex parte order under section 10-32-8 shall remain in effect until the hearing is held. The court may temporarily extend the emergency order at the hearing, pending a decision on a final order. 2. The responsible law enforcement agency shall serve an order issued under this section on the respondent and carry out any search authorized under subsection C. 1., promptly following issuance of the order. If a search is authorized under subsection C. 1., the agency may serve the order on the respondent concurrently with or after the execution of the search. E. Termination and renewal of orders. 1. A respondent may file a motion to terminate an order under this section one time during the effective period of that order. The respondent shall have the burden of proving, by the same standard of proof required for issuance of such an order, that he or she does not pose a significant danger or extreme risk of personal injury or death to himself or herself or another. 2. The petitioner may seek renewals of an order under this section for an additional six months at any time preceding its expiration. Renewals after the initial order shall be granted subject to the same standards and requirements as an initial order. The preceding order shall remain in effect until the renewal hearing is held and the court grants or denies a renewed order. 3. If the respondent fails to appear at, or cannot be personally served in relation to, any hearing or renewal hearing under this section, the default does not affect the court's authority to issue an order or entitle the respondent to challenge the order prior to its expiration. The order will lapse after one year if no eligible petitioner seeks its renewal. (Ord. No. 5926, § 1, 2-4-2025)

Memphis Code of Ordinances § 10-32-10 Entry into background check systems.

Sec. 10-32-10. - Entry into background check systems. The court shall forward any order issued under sections 10-32-8 or 10-32-9 to an appropriate law enforcement agency on the day it is issued. Upon receipt of an order under section 10-32-9, the law enforcement agency shall make the order available to the National Instant Criminal Background Check System and any state system used to identify persons who are prohibited from possessing firearms. (Ord. No. 5926, § 1, 2-4-2025)

Memphis Code of Ordinances § 10-32-11 Violations.

Sec. 10-32-11. - Violations. A. The following persons shall be in violation of the City Code of Ordinances: 1. Filer of false or harassing application. Any person filing an application under sections 10-32-8 or 10-32-9 containing information that he or she knows to be materially false, or for the purpose of harassing the respondent. 2. Respondent not complying with order. Any person who knowingly violates an order under sections 10-32-7 or 10-32-8, including by possessing or acquiring a firearm in violation of the order or failing to surrender a firearm as required by the order. 3. Provider of prohibited access to respondent. Any person who knowingly provides the subject of an order under section 10-32-7 or 10-32-8 access to a firearm, in violation of an assurance the person has provided in an affidavit under section 10-32-7 C. 3. or 10-32-8 C. 3. that he or she will safeguard the firearm against access by the respondent. (Ord. No. 5926, § 1, 2-4-2025)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT10PUPEMOWE_CH10-32WEFetched: 10/28/2026