Anaya Nolan
As of July 2021, Tennessee has a permitless carry law, also referred to as Constitutional Carry, which removes the requirement for a permit to carry a handgun. However, it is not a true constitutional carry state as there are still some restrictions on where guns can be carried and who can carry them. Tennessee Republicans have proposed bills that would create a true constitutional carry law, but these have been opposed by Democrats and law enforcement.
| Characteristics | Values |
|---|---|
| Permit requirement | No permit required for Tennessee residents to carry a gun, either concealed or open. |
| Limitations | Does not apply to visitors. Other limitations on where you can legally carry without a permit, e.g. parks, some workspaces/parking lots. |
| Background checks | Required. |
| Criminal charges | Cannot carry a gun if facing criminal charges or after being sentenced by the court. |
| DUI convictions | Cannot carry a firearm if you have a DUI conviction within five years or two convictions within ten years. |
| Age requirement | Must be 21 years or older, or 18 years and a veteran or actively serving in the military. |
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What You'll Learn
Tennessee's permitless carry law
However, it's important to note that there are still limitations and restrictions in place. For instance, individuals with certain felony convictions, mental health issues, or specific misdemeanors on their records are prohibited from owning or carrying a firearm. Additionally, there are restrictions on carrying firearms in certain locations, such as parks and some workspaces or parking lots.
The process of buying a gun in Tennessee involves filling out a federal form for a background check, which can take an unspecified amount of time to be approved. Once approved, individuals can purchase their firearm of choice.
There has been ongoing debate and proposed legislation regarding the state's gun laws. Tennessee Republicans have proposed bills to move towards "true" constitutional carry, which would further ease restrictions on carrying firearms in public. On the other hand, Tennessee Democrats and law enforcement officials have expressed disapproval of these proposed bills, citing concerns for public safety, especially for children.
It's worth noting that Tennessee's gun laws are subject to frequent changes due to ongoing political conversations and debates surrounding this topic. As such, individuals interested in carrying firearms in Tennessee should stay informed about the latest developments in the state's legislation.
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Limitations and misconceptions
Tennessee became a permitless carry state in July 2021, meaning that a permit is no longer required to carry a gun concealed or openly within the state. However, this only applies to residents of Tennessee, and there are still limitations on where guns can be carried. Tennessee is not a constitutional carry state, as there is a law that makes it a crime for any citizen to carry any firearm with the intent to go armed.
There are common misconceptions about the state's gun laws and the process to buy a gun. For example, there is a background check and other requirements that must be met before purchasing a gun. Additionally, while Tennessee does not require a permit to carry a gun, there are still places where carrying a gun is prohibited, such as in parks and certain workspaces or parking lots. It is also important to note that carrying a firearm without a license is still illegal in certain places.
Furthermore, despite Tennessee's support for the 2nd Amendment and citizens' rights to carry firearms, there are safety concerns associated with permitless carry. The Memphis Police Department encourages citizens who want to carry a handgun to seek a permit and undergo training on safe handling and proper usage. The department also emphasizes the importance of understanding Tennessee's firearm laws to ensure compliance and prevent accidental injuries or deaths.
While Tennessee has loosened its restrictions on carrying firearms, it is important to be aware of the limitations and misconceptions surrounding its gun laws. The state is not a true constitutional carry state, and there are still regulations in place to ensure the safe handling and use of firearms by its residents.
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Tennessee gun legislation
Tennessee has some of the most relaxed gun laws in the US, with the state's legislation supporting the Second Amendment and citizens' rights to carry a firearm. Tennessee became a permitless carry state in July 2021, allowing most citizens to carry a loaded handgun openly or concealed without a permit. However, this does not affect the carrying of rifles or shotguns.
While Tennessee has a high rate of gun deaths, the state has only implemented a few basic laws to reduce gun violence. The state does have policies in place to keep guns out of the hands of certain individuals, such as those with felony convictions, or those who have been involuntarily committed or found to be a danger to themselves or others. Tennessee also prohibits domestic abusers from having guns while subject to short-term emergency orders.
There are some limitations on where guns can be carried in Tennessee. For example, open carry is prohibited for rifles and shotguns unless they are unloaded. There are also certain places, such as parks and some workspaces, where guns cannot be carried. The Memphis Police Department encourages citizens who want to carry a handgun to seek a permit to do so and offers free safety classes to provide instruction on safe and proper weapons handling techniques.
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Tennessee Republicans' proposed bills
In 2021, Tennessee passed a permitless carry law, which allows anyone 21 years or older who is allowed to legally possess a weapon to carry handguns in certain places without a permit. However, this does not qualify as a constitutional carry law, as individuals can still be stopped and questioned by law enforcement even if they possess a permit and are acting lawfully.
In February 2023, Tennessee Republicans proposed bills that aimed to get the state closer to 'true' constitutional carry for firearms. Three proposed bills sought to adjust the rules surrounding the permitless carry law. One of these bills, sponsored by William Lamberth, the Republican House Majority Leader, aimed to expand the scope of the law from handguns to all firearms. This bill, HB 1005, was criticised by opponents as being too broad, with concerns raised about the potential safety implications of allowing individuals to openly carry "high-capacity" weapons.
Another proposed bill, SB 827, sponsored by Sen. Joey Hensley, R-Hohenwald, aimed to allow enhanced permit carriers to bring their handguns onto college campuses. This bill was met with criticism due to its initial language, which would have allowed law enforcement officers to carry their service weapons while intoxicated. However, this language was later amended.
A third bill, HB1202, proposed requiring 40 hours of training for teachers to carry concealed weapons in the classroom. This bill has been deferred until the 2024 legislative session.
Tennessee Republicans argue that these bills are necessary to uphold the constitutional right to bear arms, while opponents, including Tennessee Democrats and law enforcement officials, express concerns about public safety and the potential for tragic consequences if individuals who should not have access to guns are able to obtain them more easily.
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Federal regulation of firearm possession
Tennessee's gun laws regulate the sale, possession, and use of firearms and ammunition within the state. Tennessee became a permitless carry state in July 2021, allowing residents to carry a firearm openly or concealed without a permit. However, this law has limitations and does not qualify as a constitutional carry law. Certain areas, such as government buildings, schools, parks, and some workspaces, are off-limits even with a permit. Additionally, there are background checks in place, and individuals with felony convictions or specific mental health issues are prohibited from possessing firearms.
Retired law enforcement officers (LEO) in Tennessee have two options if they wish to carry firearms into retirement. The first option is valid only in Tennessee and requires certification under T.C.A. § 38-8-116. The second option allows qualified retired LEOs to carry concealed firearms in any jurisdiction within the US, as per 18 U.S. Code §§ 926B & 926C, with some exceptions.
To obtain a concealed handgun permit (HCP) in Tennessee, individuals must meet specific requirements, including age and lawful possession of a handgun. Additionally, they must complete certified handgun safety courses that cover topics such as alcohol, drugs, and their effects on an individual's ability to handle firearms safely. Tennessee also offers resident and non-resident permits, with some restrictions on non-resident permit holders.
While Tennessee's preemption statute prevents localities from enacting new laws regulating firearms, there are four specific exceptions. These exceptions include regulating the discharge of firearms within locality boundaries and enforcing state and federal laws pertaining to firearms.
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Frequently asked questions
Yes, Tennessee has a constitutional carry law, also known as a permitless carry law. This means that a permit or license is not required to carry a firearm. However, there are still restrictions on who can carry a firearm and where.
In Tennessee, you cannot possess a firearm if you have a felony conviction, certain misdemeanours, or mental health issues on your record. You also cannot possess a firearm if you have a DUI conviction within the last five years or two convictions within the last ten years.
Yes, you must be at least 21 years old or 18 years old and a veteran or actively serving in the military to carry a firearm in Tennessee.
Yes, you cannot carry a firearm in certain areas, such as parks, some workspaces, and parking lots.
