Eleanor Finch
Tennessee's gun laws have been a subject of debate and confusion. While some claim that Tennessee is a constitutional carry state, this is not the case. Tennessee's laws have, for over two centuries, made it a crime to carry firearms for self-defence or personal protection. The state's constitution does not allow individuals who are lawfully in possession of firearms to carry them without a permit, and doing so is considered a criminal act. Tennessee became a permitless carry state in July 2021, meaning residents do not require a permit to carry a gun openly or concealed within the state. However, there are still limitations and certain qualifications that must be met for individuals to carry firearms legally.
| Characteristics | Values |
|---|---|
| Is Tennessee a constitutional carry state? | No |
| Is Tennessee a permitless carry state? | Yes |
| Does Tennessee allow open carry? | Yes |
| Does Tennessee allow concealed carry? | Yes |
| Does Tennessee require a safety or training course? | No |
| Does Tennessee require a permit for non-residents? | No |
| Does Tennessee allow individuals with a felony to carry a gun? | No |
| Does Tennessee allow individuals with mental health issues to carry a gun? | No |
| Does Tennessee allow individuals with misdemeanors to carry a gun? | No |
| Does Tennessee require background checks? | Yes |
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What You'll Learn
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, thus not requiring a state permit. Tennessee has never had a constitutional provision or a statutory structure that allows individuals to carry firearms for self-defense or personal protection without committing a crime.
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 openly within the state. However, there are still limitations and restrictions on who can carry a firearm and where they can carry it. For example, individuals with a felony, certain mental health issues, or specific misdemeanors on their record are not permitted to carry a firearm. Additionally, there are places within Tennessee where a permit is still required to carry a firearm, such as in buildings posted with "concealed firearms by permit only", state/national parks, campgrounds, greenways, and nature trails.
It is important to note that the Memphis Police Department encourages citizens who want to lawfully carry a handgun to seek a permit and to receive proper training on firearm safety and state laws. Carrying and handling a firearm requires caution, as careless handling can result in serious injury or death.
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Tennessee is a permitless carry state
Tennessee became a permitless carry state in July 2021, but the law still has limits for visitors. While residents of Tennessee do not require a permit to carry a gun concealed or open inside the state, visitors do. There are also other limitations on where residents can legally carry without a permit. For example, a carry permit is required to carry a handgun in buildings posted with "concealed firearms by permit only", state/national parks, campgrounds, greenways, and nature trails.
The Memphis Police Department encourages citizens who want to lawfully carry a handgun to seek a permit to carry. They also 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 when citizens can and cannot use deadly force. The class also provides instruction on proper handgun safety during interactions with law enforcement officers. The Memphis Police Department stresses that carrying and handling a firearm requires great care and caution because the careless handling of a firearm can result in serious bodily injury or the death of an innocent bystander.
There are misconceptions about Tennessee's gun laws. For example, some people believe that Tennessee is a constitutional carry state. Additionally, some people may think that once they buy and own a gun, they can carry it anywhere. However, it is important to understand where you can carry a gun. For instance, you cannot carry a gun if you have a felony, any kind of mental defect issues, or certain misdemeanors on your record.
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Tennessee's gun legislation misconceptions
Tennessee is not a "constitutional carry" state. In a state with constitutional carry, it is not a crime to carry a firearm in public with the intent to go armed. However, in Tennessee, carrying a firearm in public with the intent to go armed is a criminal act. Tennessee's constitution has never had a provision or a statutory structure that allows individuals to carry firearms for self-defense without committing a crime.
There are common misconceptions about the process of buying and carrying a gun in Tennessee. For example, there is a misconception that Tennessee is a "constitutional carry" state, which is not the case. Tennessee became a permitless carry state in July 2021, allowing residents to carry a gun concealed or open without a permit. However, this does not apply to visitors, and there are limitations on where residents can carry guns without a permit.
Another misconception is that anyone can easily obtain a gun in Tennessee. While it is true that Tennessee has relatively relaxed gun laws compared to some other states, there are still requirements and background checks in place. For example, individuals with felony convictions, certain mental health issues, or specific misdemeanors are prohibited from purchasing firearms. Additionally, all gun dealers in Tennessee are required to obtain a state license, and background checks are mandatory for gun purchases.
There is also a misconception that gun owners in Tennessee are not required to have any safety training. While it is true that the state does not mandate citizens to complete a safety or training course before purchasing a gun, there are other avenues for gun safety education. For example, the Shelby County Sheriff's Department offers free handgun safety classes that provide instruction on safe and proper weapons handling techniques and how to safely interact with law enforcement officers while armed.
Furthermore, there is a misconception that carrying a gun in public is always legal in Tennessee. While the state does allow permitless carry, there are still restrictions on where individuals can legally carry firearms. For example, carrying a gun in an area deemed for public recreation, such as a blocked-off street, is a felony. Additionally, open carry is prohibited for rifles and shotguns unless they are unloaded.
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Tennessee's gun laws and requirements
Tennessee is not a "constitutional carry" state. In a state that has real constitutional carry, it is not a crime to carry a firearm in public with the intent to go armed. However, in Tennessee, carrying a firearm in public with the intent to go armed is a criminal act.
Tennessee became a Permitless Carry state in July 2021, allowing a large majority of citizens to carry a loaded handgun on their person, openly or concealed, without a permit. The law requires that the individual is 21 or older (18+ if active in the military or honorably discharged), in lawful possession of the handgun, and in a place where they are lawfully present. However, this does not apply to rifles or shotguns, only handguns.
Tennessee has one of the highest rates of gun deaths in the country, yet the state has only a few basic laws aimed at reducing gun violence. The state's policies have been weakened recently, allowing nearly anyone to carry loaded firearms in public without a background check, permit, or safety training. There are some prohibitions in place, including for people convicted of felonies or hate crimes, fugitives from justice, and domestic abusers.
The Memphis Police Department encourages citizens who want to lawfully carry a handgun to seek a permit to carry and to take safety classes. These classes are offered for free by the Shelby County Sheriff's Department and 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.
Tennessee's gun laws also include regulations on the purchase of firearms, such as requiring all gun dealers to obtain a state license and barring the purchase of certain assault-style weapons and gun magazines larger than a prescribed size.
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Tennessee's constitutional carry and unrestricted carry
Tennessee is not a "constitutional carry" state. In a state with constitutional carry, it is not a crime to carry a firearm in public with the intent to go armed. However, in Tennessee, carrying a firearm in public with the intent to go armed is a criminal act. An officer has the authority to stop and detain an individual for this criminal act and decide whether or not to charge them.
Tennessee is, however, a "permitless carry" state. This means that residents of Tennessee do not require a permit to carry a gun concealed or openly within the state. However, there are still limits on who can carry a gun and where it can be carried. For example, individuals with a felony or certain misdemeanors on their record are not permitted to carry a gun. There are also certain places where a permit is still required to carry a gun, such as in state or national parks.
Permitless carry in Tennessee has raised concerns about safety and proper training for gun owners. The Memphis Police Department encourages citizens who want to lawfully carry a handgun to seek a permit and take safety courses. The Shelby County Sheriff's Department offers free handgun safety classes that cover safe and proper weapons handling techniques, ways to carry and secure handguns, and a review of state law regarding the use of deadly force.
While Tennessee is not a constitutional carry state, it is important to note that the laws regarding firearm carry and permits are constantly evolving. For example, in April 2023, the Firearms Policy Coalition sued the state of Tennessee for prohibiting 18- to 20-year-olds from carrying a concealed firearm in public or obtaining a permit. The state's restrictions were found to be unconstitutional, and as a result, the legal age to carry a handgun in Tennessee was lowered to 18.
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Frequently asked questions
No, 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.
A constitutional carry state does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, thus no state permit is required.
Tennessee became a permitless carry state in July 2021, meaning residents do not require a permit to carry a gun concealed or openly. However, there are still limitations on who can carry a gun and where.
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