Simone Lawson
Tennessee's gun legislation has been a topic of debate, with some claiming that it is a constitutional carry state. Constitutional carry refers to an environment where individuals who can lawfully possess a firearm can carry it in public without committing a crime. While Tennessee became a permitless carry state in July 2021, allowing individuals over 21 to carry handguns openly or concealed without a permit, it is not a true constitutional carry state. Governor Bill Lee signed the permitless gun bill, which was opposed by Democrats and law enforcement groups due to safety concerns. Tennessee Republicans have proposed bills to move towards true constitutional carry, but the state currently has exceptions and limitations, making it distinct from the definition of constitutional carry.
| Characteristics | Values |
|---|---|
| Constitutional carry status | Not a constitutional carry state |
| Permitless carry status | Became a permitless carry state in July 2021 |
| Limitations | Does not apply to long guns; does not apply to visitors |
| Age limit | 21 and older |
| Other | Members of the military aged 18-20 are also allowed to carry handguns openly or concealed without a permit |
| Political affiliation | Republicans are in favour; Democrats are against |
| Public opinion | Law enforcement groups are opposed to the law |
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What You'll Learn
Tennessee is not a constitutional carry state
Despite claims by Governor Bill Lee and other state officials, Tennessee is not a "constitutional carry" state. "Constitutional carry" refers to an environment within a state or jurisdiction where it is not a crime for an individual who can otherwise lawfully possess a firearm to carry that firearm in public. In other words, it is not a crime to carry a firearm in public just as it is not a crime to carry a pocket knife.
In July 2021, Tennessee became a "permitless carry" state, meaning that residents do not require a permit to carry a gun concealed or openly within the state. However, this does not equate to "constitutional carry" as there are still limitations on where individuals can legally carry without a permit. For example, carrying a gun in an area designated for public recreation, such as a blocked-off street, is considered a felony. Additionally, Tennessee has specific requirements for individuals seeking to carry without a permit, such as not having a DUI in the last five years or two or more in the last ten years.
While the permitless carry law in Tennessee does allow most adults, including members of the military aged 18-20, to carry handguns without a permit, it does not apply to long guns. This distinction between handguns and long guns has been a point of contention among gun rights activists. The bill also increases punishments for certain gun crimes, such as boosting the theft of a firearm from a misdemeanor to a felony with a mandatory six-month sentence.
The passage of the permitless carry bill in Tennessee has been met with mixed reactions. Republicans and gun rights activists view it as a step towards "true constitutional carry," while Democrats and law enforcement groups have largely opposed the measure, arguing that it could increase crime and put officers at greater risk. Some Tennessee citizens, including gun instructors, have also expressed concerns about the potential dangers of the law and the misconceptions surrounding it.
In summary, while Tennessee has taken steps towards relaxing gun laws and expanding gun rights, it is important to clarify that the state has not achieved "constitutional carry" status. The term "constitutional carry" implies a more absolute right to carry firearms in public without restrictions, and Tennessee's current laws still impose certain limitations and requirements on individuals seeking to carry guns without a permit.
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Tennessee's permitless carry laws
Tennessee became a permitless carry state in July 2021, allowing most adults to carry a handgun without a permit. This means that people over 21 can carry handguns openly or concealed without a permit, along with members of the military aged 18 to 20. However, it is important to note that this law does not apply to long guns and is only for Tennessee residents.
The permitless carry law in Tennessee has led to some confusion and concerns among citizens and law enforcement groups. Gun instructors like Howie Williams have worked to clear up misconceptions about the state's gun laws and carry requirements. Williams emphasizes that permitless carry does not mean a "free-for-all" and that there are still limitations on where individuals can legally carry without a permit. For example, carrying a gun in any area deemed for public recreation is generally permitted, but if the area is blocked off, it becomes a felony to carry a gun there.
While the permitless carry law offers convenience to gun owners, there are still advantages to obtaining a permit. Proper training, which is required for obtaining a permit, reduces the likelihood of accidents and injuries from misuse or lack of knowledge. It helps gun owners understand the legal technicalities of handgun ownership and the principles of defensive force, reducing the chances of unintentionally breaking the law.
Despite the benefits of obtaining a permit, there are concerns about the lack of mandatory training with the permitless carry law. The Shelby County Sheriff's Office offered free handgun safety classes to ensure citizens who carry firearms have a basic understanding of the state's firearm laws and know how to handle and operate a firearm safely. They emphasize that a mistake in handling a firearm could result in serious bodily harm or the death of an innocent bystander.
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Tennessee's gun laws
Tennessee has some of the most relaxed gun laws in the country, with the state's legislators having recently weakened its policies. In 2021, Governor Bill Lee signed a bill into law that allows most adults to carry a handgun without a permit. This law, which took effect on July 1, 2021, permits people aged 21 and older to carry handguns openly or concealed without a permit, as well as members of the military aged 18 to 20. The bill also increases punishments for certain gun crimes, such as boosting the theft of a firearm from a misdemeanour to a felony.
Despite this, Tennessee is not a "constitutional carry" state, meaning it is still a crime for individuals to carry a firearm in public without a permit. However, Tennessee has become a ""permitless carry" state, meaning that people do not require a permit to carry a gun openly or concealed, but only for residents of Tennessee. There are also other limitations on where one can legally carry without a permit. For example, carrying a gun in an area blocked off for public recreation is considered a felony.
Tennessee has one of the highest rates of gun deaths in the country, and there are concerns that the new law could increase crime and officer vulnerability. In fact, the Memphis Police Department strongly encourages citizens who want to lawfully carry a handgun to seek a permit to carry and to undergo safety training.
Other gun laws in Tennessee include:
- The requirement for gun owners to notify law enforcement if their guns are lost or stolen.
- The prohibition of the purchase of certain assault-style weapons originally designed for military use, as well as gun magazines larger than a prescribed size.
- The requirement for new handgun models sold in the state to include microstamping technology and childproofing features.
- The prohibition of concealed carry by people with assault or other violent misdemeanour convictions, as well as domestic abusers while subject to short-term emergency orders.
- The regulation of how guns may be carried visibly in public, either requiring a permit or barring open carry altogether.
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Tennessee Republicans' proposed bills for true constitutional carry
In 2021, Tennessee passed a permitless carry law, allowing anyone aged 21 or older to carry handguns in certain places without a permit. However, this does not equate to "constitutional carry", as law enforcement can still stop and question individuals carrying firearms. Tennessee Republicans have proposed bills that aim to achieve true constitutional carry, which would allow individuals to possess and carry firearms in public without a permit, akin to the right to carry a pocket knife.
These proposed bills have sparked controversy, with Tennessee Democrats and law enforcement expressing their disapproval. Sen. Heidi Campbell, a Democrat from Nashville, highlighted law enforcement's opposition to the bills, emphasizing concerns for children's safety. The proposed legislation also drew criticism from the grassroots network Students Demand Action Tennessee, which cautioned against lowering the standards for gun access.
Despite the pushback, Republican House Majority Leader William Lamberth remains steadfast in his support for true constitutional carry. He asserted that the House will produce a bill that extends to individuals aged 18 and older, encompassing both handguns and firearms. This aligns with previous statements made by Tennessee Speaker of the House Cameron Sexton, who, in 2021, expressed his commitment to fighting for true constitutional carry in the state.
The proposed bills underscore the ongoing debate surrounding gun legislation in Tennessee. While Republicans advocate for expanded gun rights, Democrats argue that the focus should be on strengthening existing gun laws to enhance public safety. The proposed bills, if passed, would represent a significant shift in Tennessee's gun laws, bringing the state closer to true constitutional carry.
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The dangers of Tennessee's recent gun law
In July 2021, Tennessee became a permitless carry state, allowing most adults, including those aged 18 to 20 in the military, to carry a handgun openly or concealed without a permit. While supporters of the law argue for increased gun rights, there are several dangers associated with this recent gun law.
Increased Crime and Officer Vulnerability
Law enforcement groups in Tennessee have expressed concerns that the law could lead to an increase in crime and create a more vulnerable environment for officers. Removing the permit requirement makes it more challenging to track and regulate firearm possession, potentially providing easier access to weapons for those with harmful intentions.
Misconceptions and Confusion
The implementation of the permitless carry law in Tennessee has resulted in misconceptions and confusion among residents. Some individuals may misinterpret the law as a "free-for-all," failing to understand the remaining limitations and restrictions on firearm possession and carry laws. This confusion can lead to accidental violations of the law, creating legal consequences for otherwise law-abiding citizens.
Limitations on Visitors
While Tennessee's law allows residents to carry handguns without a permit, it is important to note that these permissions do not extend to visitors. This distinction may cause confusion for out-of-state individuals traveling to Tennessee, potentially leading to unintended violations of the law.
Impact on DUI Convictions
The law also introduces a unique complication regarding DUI convictions. Individuals with a DUI conviction within five years or two convictions within ten years are prohibited from carrying a firearm. This restriction is applied regardless of the circumstances of the DUI offense, and the punishment includes a significant period of time without the ability to carry a firearm.
Potential for Future Expansion
Supporters of the law, such as Speaker Cameron Sexton, have indicated that this is only the "first step" toward achieving true constitutional carry in Tennessee. This suggests that further expansions of gun rights and reductions of regulations may be on the horizon, potentially leading to even more relaxed gun laws in the state.
In conclusion, while Tennessee's recent gun law allows for permitless carry, it also presents several dangers, including increased crime, officer vulnerability, misconceptions, limitations on visitors, impacts on DUI convictions, and the potential for future expansions of gun rights. It is important for residents and visitors to stay informed about the law's limitations and for policymakers to carefully consider the potential consequences of any future changes to gun regulations.
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Frequently asked questions
No, Tennessee is not a constitutional carry state. However, it did pass a permitless carry law in 2021, which allows most adults, including members of the military aged 18-20, to carry a handgun without a permit.
When a state does not prohibit individuals who can legally possess a firearm from carrying handguns, it is called constitutional carry. When a state allows constitutional carry but individuals must meet certain qualifications to legally carry, it is referred to as permitless carry.
In Tennessee, individuals who have received a DUI in the last five years or two or more in the last ten years are not allowed to carry a gun without a permit.
