Constitutional Carry Law: Tennessee's Implementation Timeline

Tennessee became a permitless carry state in July 2021, allowing most citizens to carry a loaded handgun openly or concealed without a permit. However, it is not a constitutional carry state as there are certain qualifications that must be met to legally carry a firearm. For instance, individuals with a DUI in the last five years or two or more in the last ten years are prohibited from carrying without a permit. Additionally, Tennessee law prohibits firearm possession with the intent to go armed, even on a resident's property or in their home, and individuals must prove that their conduct meets all the conditions outlined in the relevant legislation.

Tennessee is not a constitutional carry state

Despite what some may claim, Tennessee is not a "constitutional carry" state. The term "constitutional carry" refers to an environment within a state or jurisdiction where it is not considered a crime for an individual who can otherwise lawfully possess a firearm to carry that firearm in public. In other words, it is not necessary to obtain a permit to carry a firearm.

Tennessee's constitution has never included a provision that clearly states that all citizens who can lawfully possess a firearm may carry it in public without committing a crime. In fact, for over two centuries, laws in Tennessee have made it a crime for citizens to carry firearms for personal protection or self-defence. Tennessee Code Annotated § 39-17-1307(a)(1) specifically states: "A person commits an offense who carries, with the intent to go armed, a firearm or a club." This single sentence is what prevents Tennessee from being categorised as a "constitutional carry" state.

While it is true that, as of July 1, 2021, Tennessee became a "permitless carry" state, this does not make it a "constitutional carry" state. The "permitless carry" law allows most citizens to carry a loaded handgun, openly or concealed, without a permit, as long as they meet certain requirements. These include being 21 or older (or 18 and in the military or honorably discharged), being in lawful possession of the handgun, and being in a place where they are lawfully present. However, this law only applies to handguns and does not affect the carrying of rifles or shotguns.

Additionally, the "permitless carry" law in Tennessee does not mean that carrying a firearm with the intent to go armed is no longer considered a crime. Instead, it creates a situation where individuals who carry firearms must prove that they meet certain conditions in order to avoid being charged with a crime. This means that law enforcement officers have the authority to stop and question individuals who are carrying firearms, even if they meet the requirements for "permitless carry," as carrying a firearm with the intent to go armed is still considered a criminal act in Tennessee.

In summary, Tennessee is not a "constitutional carry" state because it has laws in place that make it a crime to carry a firearm with the intent to go armed, even if certain defences or exceptions may be presented after the fact. The "permitless carry" law does not change this fact, and individuals in Tennessee who choose to carry firearms still need to be aware of the relevant laws and requirements to avoid committing a crime.

Tennessee's permitless carry law only applies to handguns

Tennessee's permitless carry law, also known as "constitutional carry", came into effect on July 1, 2021. The law allows most citizens to carry a loaded handgun on their person, openly or concealed, without a permit. However, it is important to note that this law only applies to handguns and does not affect the carrying of rifles or shotguns.

Under the new law, individuals who are 21 years or older, or 18 years or older and actively serving in the military or honorably discharged, can carry a handgun as long as they are in lawful possession of the handgun and are in a place where they are lawfully present. Previously, a handgun carry permit was required to possess a loaded handgun in public. Now, those who meet the requirements may carry a handgun openly or concealed without a permit.

It is worth noting that Tennessee's constitution has never included a provision that clearly states that all citizens who can lawfully possess a firearm can carry it in public without committing a crime. The state's statutory structure has long considered it a crime for anyone to carry any firearm with the intent to go armed. While the new law creates an "exception" to this, individuals must still meet certain criteria to legally carry a handgun without a permit.

The Memphis Police Department has expressed concern that the current law does not mandate citizens to complete a safety or training course. As a result, there may be an increased risk to both citizens and law enforcement due to a lack of understanding about firearm safety and relevant state laws. The department encourages citizens who want to lawfully carry a handgun to seek a permit and take advantage of free handgun safety classes offered by the Shelby County Sheriff's Department.

While Tennessee's permitless carry law expands gun rights in the state, it is important to remember that it only applies to handguns and that individuals must meet certain eligibility requirements to legally carry without a permit.

The law does not require citizens to complete a safety or training course

Tennessee became a permitless carry state on July 1, 2021. This means that most citizens are allowed to carry a loaded handgun on their person, openly or concealed, without a permit. The law does not require citizens to complete a safety or training course. However, the Memphis Police Department strongly encourages citizens who want to carry a handgun to seek a permit and take a safety course.

The current law does not mandate citizens to complete a safety or training course. This has raised safety concerns for both citizens and law enforcement. Without proper training, citizens who choose to carry a firearm may not know how to handle and operate a firearm safely. Carrying and handling a firearm requires caution because careless handling can lead to serious injury or death.

The Memphis Police Department and Chief Cerelyn Davis emphasize the importance of citizens seeking training on firearm safety and state laws regarding firearms. They recommend that citizens take advantage of free handgun safety classes offered by the Shelby County Sheriff's Department. These classes provide valuable instruction on safe and proper weapons handling techniques, ways to carry and secure handguns, and an understanding of when the use of deadly force is justified.

While Tennessee's permitless carry law allows most citizens to carry handguns without a permit, there are still some requirements that must be met. Individuals must be 21 or older (or 18 and in active military service or honorably discharged), lawfully possess the handgun, and be in a place where they are lawfully present. It is important to note that this law only applies to handguns and not to rifles or shotguns.

The Memphis Police Department encourages citizens to seek a permit to carry

The Memphis Police Department (MPD) has urged citizens who want to carry a handgun to seek a permit to do so. This is despite the fact that, as of July 1, 2021, Tennessee law permits most citizens to carry a loaded handgun, either openly or concealed, without a permit.

The MPD has expressed concern that the current law does not mandate citizens to complete a safety or training course. This could lead to citizens being unaware of how to act when interacting with law enforcement, creating a serious safety risk for both parties. The MPD has emphasised the importance of citizens understanding Tennessee state laws regarding firearms, as well as knowing how to handle and operate a firearm safely.

To address this issue, the Shelby County Sheriff's Department offers free handgun safety classes. These classes provide instruction on safe and proper weapons handling techniques, ways to carry and secure handguns, and a review of state law regarding the use of deadly force. Importantly, the classes also offer guidance on proper handgun safety during interactions with law enforcement officers. The MPD has also emphasised that, just as a license is required to drive a car in Tennessee, there should be similar requirements in place before a person may carry a firearm in public.

In addition to safety concerns, the MPD has noted that the new law may lead to an increase in 911 calls as the public may be apprehensive about seeing armed individuals. The MPD has emphasised that simply being armed in public is not a legal basis for officers to detain someone, and has urged citizens to share any perceived criminal conduct when reporting an armed individual.

While the MPD supports the 2nd Amendment and law-abiding citizens' rights to carry a firearm, it encourages citizens to seek training on how to safely handle firearms and guidance on when it is appropriate to use a firearm for self-defence. This is in line with the broader context of Tennessee's gun legislation, which includes various training requirements for different types of permits.

Tennessee's permitless carry law took effect on July 1, 2021

Tennessee's permitless carry law, also known as the "permitless handgun carry" law, took effect on July 1, 2021. The law allows most citizens to carry a loaded handgun, openly or concealed, without a permit. However, it is important to note that this law only applies to handguns and not to rifles or shotguns.

Prior to this law, individuals in Tennessee were required to obtain a handgun carry permit (either enhanced or concealed) to possess a loaded handgun in public. Now, those who meet certain requirements can carry a handgun without a permit. These requirements include being 21 years of age or older (or 18 years or older if actively serving in the military or honorably discharged), lawfully possessing the handgun, and being in a place where they are lawfully present.

It is important to note that the law does not mandate citizens to complete a safety or training course. This has raised concerns for both citizens and law enforcement, as individuals carrying firearms may not have adequate knowledge about firearm safety and relevant state laws. The Memphis Police Department strongly encourages citizens who want to carry a handgun to seek a permit and undergo safety training.

While Tennessee's permitless carry law took effect in 2021, there is ongoing debate about whether the state truly qualifies as a "constitutional carry" state. Some sources argue that Tennessee does not meet the criteria for constitutional carry, which typically refers to a state that does not prohibit individuals who can legally possess a firearm from carrying handguns. In Tennessee, there are still certain qualifications and restrictions in place, such as prohibiting individuals with a recent DUI conviction or a stalking conviction from carrying a handgun without a permit.

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