Eleanor Finch
Tennessee's gun laws have been a topic of debate and confusion for many. While some sources claim that Tennessee is a constitutional carry state, allowing residents to carry handguns openly or concealed without a permit, others argue that it is not a true constitutional carry state due to certain exceptions and restrictions. Tennessee's gun laws have evolved over time, with the state enacting legislation in 2021 that allows residents to carry handguns without a permit as long as they meet certain requirements, including age and lawful possession. This has sparked discussions about public safety, training requirements, and interactions with law enforcement. Despite the changes, Tennessee's gun laws remain a complex and contentious issue, with ongoing efforts to clarify and improve them.
| Characteristics | Values |
|---|---|
| Date of Implementation | July 1, 2021 |
| Bill Number | SB765 |
| Signed by | Governor Bill Lee |
| Age Requirement | 18 years or older (21 years or older for non-military) |
| Applicability | Open and concealed carrying of handguns |
| Requirements | Lawful possession of the handgun, lawful presence in the location |
| Training | Not mandated by current law |
| Exceptions | Buildings with "concealed firearms by permit only", state/national parks, campgrounds, greenways, nature trails |
| DUI Conviction | Cannot carry a firearm if convicted in the last 5 years or 2 times in the last 10 years |
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What You'll Learn
Tennessee's gun laws are misleadingly referred to as Constitutional Carry
Tennessee's gun laws are misleadingly referred to as "Constitutional Carry". This is because, in the true sense, Constitutional Carry means that a state does not prohibit individuals who can legally possess a firearm from carrying handguns. However, Tennessee's laws have historically made it a crime for citizens to carry firearms for personal protection or self-defense. Tennessee's statutory structure is based on the premise that it is a crime for anyone to carry any firearm with the intent to go armed.
On July 1, 2021, Tennessee enacted legislation regarding the possession of firearms, which most people referred to as "Constitutional Carry". This legislation, signed by Governor Bill Lee, eliminated the requirement to obtain a carry permit for both open and concealed carrying of handguns by any unprohibited person, resident or non-resident. However, this law does not apply to long guns, and a carry permit is still required to carry a handgun in certain posted buildings, state/national parks, campgrounds, greenways, and nature trails.
Despite this change, Tennessee's constitution has never allowed individuals to carry firearms without a permit. Before July 1, 2021, a handgun carry permit was required to possess a loaded handgun in public. Now, individuals who meet specific requirements, such as age and lawful possession of the handgun, may carry a handgun openly or concealed. Nevertheless, the current law does not mandate citizens to complete a safety or training course, which has raised safety concerns for both citizens and law enforcement.
Additionally, Tennessee's gun laws have some exceptions and defenses. For example, individuals with a DUI conviction within five years or two convictions within ten years are prohibited from carrying a firearm. This restriction is in place regardless of the circumstances of the case. Tennessee's gun laws also allow for the permitless transport of firearms in vehicles or boats, as long as the individual is in lawful possession of the firearm and the vehicle or boat.
While Tennessee's gun laws have been referred to as "Constitutional Carry," this term may be misleading given the state's history of regulating firearm possession and the remaining restrictions in place. The laws in Tennessee have, for over two centuries, made it a crime for citizens to carry firearms for self-defense or personal protection. Therefore, it is essential to understand the specific requirements, restrictions, and exceptions within Tennessee's gun laws to ensure safe and legal firearm possession and carrying.
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Tennessee's gun laws are not true Constitutional Carry
On July 1, 2021, Tennessee's law changed to permit most citizens to carry a loaded handgun on their person, openly or concealed, without a permit. However, several sources, including the Tennessee Firearms Association, argue that Tennessee is not a "true constitutional carry" state.
Additionally, there are other restrictions and exceptions to Tennessee's gun laws. For example, individuals with a DUI conviction within five years or two convictions within ten years are prohibited from carrying a firearm. This restriction applies regardless of the circumstances of the case and can never be expunged from an individual's record. Tennessee's gun laws also do not apply to long guns, which has been a point of contention among gun rights activists. A carry permit is still required to carry a handgun in certain posted buildings, state/national parks, campgrounds, greenways, and nature trails.
Furthermore, the Memphis Police Department encourages citizens who want to lawfully carry a handgun to seek a permit. They offer free handgun safety classes that provide instruction on safe and proper weapons handling techniques, ways to carry and secure handguns, and guidance on when it is legal to use deadly force. The Memphis Police Department also emphasizes the importance of training and education on firearm safety and interaction with law enforcement.
While Tennessee's gun laws have been referred to as "constitutional carry," it is important to recognize that the state's laws do not meet the true definition of constitutional carry, which allows individuals to carry firearms in public without any restrictions or qualifications. Tennessee's gun laws include exceptions and qualifications that must be met, such as age requirements and restrictions for individuals with DUI convictions. Therefore, it is more accurate to describe Tennessee's gun laws as "permitless carry" rather than "constitutional carry."
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Tennessee's gun laws are permitless carry
This law only applies to handguns, and citizens must still obtain a permit to carry long guns, including rifles and shotguns. The bill eliminated the requirement for a carry permit for both open and concealed carrying of handguns, but only for those who meet specific requirements. These requirements include being 21 or older, or 18 and over for active military service members or honorably discharged veterans. Additionally, the individual must be in lawful possession of the handgun and in a place where they are lawfully present.
Despite this legislation, Tennessee's gun laws are not considered true constitutional carry by some. The state's constitution has never explicitly protected the right of its citizens to carry firearms in public without a permit. Tennessee's statutory structure considers it a crime for anyone to carry a firearm with the intent to go armed. This distinction is outlined in Tennessee Code Annotated § 39-17-1307(a)(1), which states that " [a] person commits an offense who carries, with the intent to go armed, a firearm or a club." This clause prevents Tennessee from being categorized as a true constitutional carry state.
The Memphis Police Department and other law enforcement officials share these concerns and emphasize the need for proper training and safety courses for gun owners. They encourage citizens who want to carry a handgun to seek a permit and take advantage of free safety classes offered by organizations like the Shelby County Sheriff's Department. These classes provide valuable instruction on safe and proper weapon handling techniques, ways to carry and secure handguns, and an understanding of when the use of deadly force is legally justified.
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Tennessee's gun laws do not apply to long guns
On July 1, 2021, Tennessee law changed to permit most citizens to carry a loaded handgun on their person, openly or concealed, without a permit. This law does not affect the carrying of rifles or shotguns. The law states that individuals must be 21 or older (18+ if in active military service or honorably discharged), in lawful possession of the handgun, and in a place where they are lawfully present.
The Memphis Police Department encourages citizens who want to lawfully carry a handgun to seek a permit to carry. 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.
The Tennessee Supreme Court has held that being armed in public alone is not a legal basis for officers to detain someone. Chief Cerelyn Davis has expressed a commitment to working with local law enforcement partners, the media, and community stakeholders to ensure that the public is educated on this new law in terms of compliance and safe interaction with law enforcement while armed.
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Tennessee's gun laws and DUI convictions
On July 1, 2021, Tennessee's law changed to permit most citizens to carry a loaded handgun, either openly or concealed, without a permit. However, this does not apply to rifles or shotguns, and there are still some places where carrying a handgun is prohibited, such as state and national parks. Tennessee's constitution has never allowed the carrying of firearms in public without a permit, and it is still a crime for anyone to carry a firearm with the intent to be armed.
Tennessee's gun laws are clear that a person with a DUI conviction will not be permitted to obtain a handgun carry permit for five years after the conviction. If there are two or more DUI convictions within ten years of an application, the application will be denied. This also applies to those with a previous permit; their renewal will be denied if they have one DUI conviction within the last five years or two within the last ten. Tennessee also makes it a separate crime to drive under the influence with a handgun in your possession, even if you have a permit.
The Memphis Police Department encourages citizens who want to carry a handgun to seek a permit to do so. 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 the use of deadly force.
While Tennessee's gun laws are clear on DUI convictions, there are other consequences of a DUI conviction. For example, auto insurance premiums may increase and stay at that level for five years, and insurance providers may even terminate policies due to the conviction. Many companies will not insure an employee convicted of DUI. It is also likely that an SR-22 form will be required, which verifies that the driver has liability insurance. However, this often results in increased insurance rates or the cancellation of the policy.
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Frequently asked questions
As of July 1, 2021, Tennessee law permits most citizens to carry a loaded handgun openly or concealed without a permit, as long as they are 21 or older (18+ if in active military service or honorably discharged), in lawful possession of the handgun, and in a place where they are lawfully present.
Some argue that the law does not go far enough, as it does not apply to long guns. Others have criticised the lack of safety or training requirements, which poses a safety risk for citizens and law enforcement. There is also concern that the law makes it illegal for anyone with a DUI conviction within five years or two convictions within ten years to carry a firearm.
Before July 1, 2021, a handgun carry permit was required to possess a loaded handgun in public in Tennessee.
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