Eleanor Finch
Tennessee has been the subject of debate in recent years regarding its status as a constitutional carry state. Constitutional carry means that a state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or concealed, without requiring a state permit. While some sources claim that Tennessee is a permitless carry state, allowing residents to carry guns without a permit, others argue that it is not a constitutional carry state as carrying a firearm in public with the intent to go armed is considered a criminal act under Tennessee law. This discrepancy has led to confusion and discussion among residents, lawmakers, and gun rights activists.
| Characteristics | Values |
|---|---|
| Is Tennessee a constitutional carry state? | No |
| Is Tennessee a permitless carry state? | Yes |
| Does Tennessee require a permit to carry a firearm? | Yes |
| Does Tennessee require a safety or training course to carry a firearm? | No |
| Does Tennessee require a background check to carry a firearm? | Yes |
| Does Tennessee allow non-residents to carry a firearm? | No |
| Does Tennessee allow individuals with a felony record to carry a firearm? | No |
| Does Tennessee allow individuals with mental health issues to carry a firearm? | No |
| Does Tennessee allow individuals with certain misdemeanors to carry a firearm? | No |
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What You'll Learn
Tennessee is not a constitutional carry state
Tennessee's statutory structure is that it is a crime for anyone to carry any firearm with the intent to go armed. Tennessee Code Annotated § 39-17-1307(a)(1) states, "A person commits an offense who carries, with the intent to go armed, a firearm or a club." This means that, in Tennessee, an individual carrying a firearm with the intent to go armed is presumed to have committed a crime.
The Memphis Police Department has expressed concern about the lack of safety and training requirements for carrying firearms in public. They encourage citizens who want to lawfully carry a handgun to seek a permit and to undergo training to ensure they know how to safely handle firearms. Tennessee law allows those with a handgun carry permit to carry a firearm openly or concealed.
While Tennessee is not a constitutional carry state, it is a permitless carry state. This means that residents of Tennessee do not require a permit to carry a gun concealed or open within the state. However, there are still limitations on who can carry a firearm and where it can be carried. For example, individuals with a felony or certain misdemeanors on their record are not permitted to own or carry a firearm in Tennessee. Additionally, a carry permit is required to carry a firearm in certain locations, such as state/national parks, campgrounds, and nature trails.
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Tennessee is a permitless carry state
Tennessee became a permitless carry state in July 2021, meaning that residents do not require a permit to carry a gun concealed or openly within the state. However, there are still limits for visitors, and other limitations on where residents can legally carry without a permit. For example, a carry permit is still required to carry a handgun in certain buildings, state/national parks, campgrounds, greenways, and nature trails.
The Memphis Police Department has expressed concern that the current law does not mandate citizens to complete a safety or training course, which could pose a safety risk for citizens and law enforcement alike. The Shelby County Sheriff's Department offers free handgun safety classes that provide attendees with instruction on safe and proper weapons handling techniques, ways to carry and secure handguns, and a review of state law regarding when one can and cannot use deadly force. The Memphis Police Department strongly encourages citizens who want to lawfully carry a handgun to seek a permit to carry.
There are also background checks in place, and certain restrictions on who can obtain a firearm. For example, you cannot obtain a gun with a felony, any kind of mental defect issues, or certain misdemeanors.
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Tennessee's gun legislation misconceptions
Tennessee's gun legislation has been a topic of much discussion and debate, with several misconceptions surrounding the state's laws on firearm possession and carry permits. Here are some key points to address these misconceptions:
Tennessee's Status as a "Constitutional Carry" State
Contrary to claims made by some elected officials, law enforcement, and media outlets, Tennessee is not a "constitutional carry" state. The term "constitutional carry" refers to a state's law that does not prohibit citizens who can legally possess a firearm from carrying handguns openly or in a concealed manner without a state permit. Tennessee's laws have, for over two centuries, made it a crime for citizens to carry firearms for personal protection or self-defense. Specifically, Tennessee Code Annotated § 39-17-1307(a)(1) states that "a person commits an offense who carries, with the intent to go armed, a firearm or a club." This statute clearly defines carrying a firearm in public as a criminal act, which contradicts the principle of "constitutional carry."
Permitless Carry Laws
While Tennessee is not a "constitutional carry" state, it has enacted permitless carry laws. In July 2021, Tennessee became a permitless carry state, allowing residents to carry a gun concealed or openly without a permit. However, it is important to note that this law does not apply to visitors or non-residents, and there are still limitations on where residents can legally carry firearms without a permit. Additionally, there are background checks and other qualifications that must be met to legally own and carry a firearm in Tennessee.
Interaction with Law Enforcement
The permitless carry law in Tennessee has raised concerns about public safety and interaction with law enforcement. The Memphis Police Department emphasizes the importance of citizens understanding Tennessee state laws regarding firearms and safe handling practices. They encourage citizens who want to lawfully carry a handgun to seek a permit and undergo training. Additionally, the Tennessee Supreme Court has clarified that being armed in public alone is not sufficient legal grounds for officers to detain someone. However, law enforcement officers have the authority to use their discretion in deciding whether to detain, arrest, or charge an individual carrying a firearm.
Proposed Changes and Limitations
There have been ongoing efforts to strengthen gun laws and propose changes to Tennessee's firearm legislation. For example, there was a proposed bill to require 40 hours of training for teachers to carry concealed weapons in classrooms. Additionally, Tennessee was sued by the Firearms Policy Coalition in 2021 for prohibiting 18- to 20-year-olds from carrying concealed firearms in public or obtaining a permit. An agreed order was entered in January 2023, declaring these restrictions unconstitutional, and they are no longer enforced.
In conclusion, while Tennessee has enacted permitless carry laws, it is important to dispel the misconception that it is a "constitutional carry" state. Tennessee's laws and statutory structure still consider carrying a firearm in public with the intent to go armed as a criminal act. Citizens are advised to stay informed about the state's gun legislation and to prioritize safety and responsible firearm ownership and handling.
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Tennessee's gun laws and training
Tennessee is not a "constitutional carry" state. This means that, in Tennessee, carrying a firearm in public with the intent to go armed is a criminal act. Tennessee laws have, for over 200 years, made it a crime for citizens to carry firearms for personal protection or self-defence.
Despite this, Tennessee has only a few basic laws aimed at reducing gun violence. In fact, legislators in Tennessee have recently weakened the state's policies, eliminating the requirement for a permit, background check, or safety training to carry a loaded firearm in public. Tennessee does, however, have laws in place to keep guns out of the hands of those convicted of felonies or hate crimes, fugitives from justice, and domestic abusers.
Gun owners in Tennessee are required to notify law enforcement if their guns are lost or stolen. They must also ensure that firearms are stored locked, unloaded, and separate from ammunition in certain circumstances. The purchase of certain assault-style weapons originally designed for military use is also barred, as are devices that alter the trigger mechanisms of semi-automatic pistols and rifles, and replacement shoulder stocks for semi-automatic rifles. New handgun models sold in the state must have childproofing features and microstamping technology.
Although not a legal requirement, the Memphis Police Department encourages citizens who want to carry a handgun to seek a permit to carry and to undertake safety training. The Shelby County Sheriff's Department offers free handgun safety classes that 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. Valor Ridge is another firearms training school in East Tennessee that offers handgun and rifle training.
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Tennessee's gun laws and public safety
Tennessee is not a "constitutional carry" state. For over two centuries, laws in Tennessee have made it a crime to carry firearms for personal protection or self-defence. Tennessee's constitution has never had a provision where it was not a crime for an individual to carry a firearm for self-defence. Carrying a firearm in public with the intent to go armed is a criminal act in Tennessee.
Despite having one of the highest rates of gun deaths in the country, Tennessee has only a few basic laws aimed at reducing gun violence. In fact, legislators in Tennessee have recently weakened the state's gun policies. For example, the state recently eliminated the carry permitting requirement, allowing nearly anyone in the state to carry loaded firearms in public without a background check, permit, or safety training. After the 2023 mass shooting at the Covenant School in Nashville, lawmakers failed to pass any meaningful gun safety legislation. Instead, they passed a law in 2024 to arm teachers in K-12 schools.
However, Tennessee does have several policies aimed at keeping guns out of the wrong hands. These include prohibitions for people convicted of felonies or hate crimes, fugitives from justice, and domestic abusers. The state also allows law enforcement and family members to petition for a court order to temporarily prevent someone in crisis from accessing guns. In addition, Tennessee requires that firearms be stored locked, unloaded, and separate from ammunition in certain circumstances. The state also bars the purchase of certain assault-style weapons designed for military use and prohibits devices that alter the trigger mechanisms of semi-automatic pistols and rifles.
While Tennessee does not mandate safety training for gun owners, some counties offer free handgun safety classes that 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. The Memphis Police Department encourages citizens who want to lawfully carry a handgun to seek a permit to carry and to understand the relevant state laws regarding firearms and how to handle and operate them safely.
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Frequently asked questions
No, Tennessee is not a constitutional carry state. In a constitutional carry state, the law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, and therefore no state permit is required. Tennessee law states that it is a crime to carry any firearm with the intent to go armed.
Constitutional carry is when a state does not prohibit individuals who can legally possess a firearm from carrying handguns. Permitless carry includes constitutional carry states as well as states where an individual must meet certain qualifications, e.g., no DUIs in the last 10 years, in order to legally carry.
Yes, Tennessee is a permitless carry state. This means that residents of Tennessee do not require a permit to carry a gun concealed or open within the state. However, there are still limitations on where one can legally carry without a permit.
