Preemption (TN)

The Tennessee general assembly preempts “the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof . . .” “No county, city, town, municipality, or metropolitan government nor any local agency, department, or official shall occupy any part of the field regulation of firearms, ammunition or components of firearms or ammunition, or combinations thereof.” The statute provides a non-exhaustive list of activities upon which regulation is preempted. Additionally, the statute states the general assembly “declares that the lawful design, marketing, manufacture and sale of firearms and ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se

Tennessee also has rules regarding lawsuits over firearms. “The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association or dealer by or on behalf of any state entity, county, municipality or metropolitan government for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively for the state.” Note that this section specifically states that it does not interfere with a local government’s right to sue over a breach of contract or warranty, nor an individual’s right to sue for breach of contract, warranty, or injuries resulting from defects.