Isabella Carter
Tennessee is a permitless carry state, meaning most residents over the age of 21 can carry a loaded handgun, openly or concealed, without a permit. However, this does not apply to rifles or shotguns. Tennessee is not a constitutional carry state, as it is a crime for any citizen to carry any firearm with the intent to be armed. There are certain limitations and exceptions to the permitless carry law, and it is important to note that it does not apply to visitors to the state.
| Characteristics | Values |
|---|---|
| Tennessee's status as a constitutional carry state | Not a constitutional carry state |
| Tennessee's status as a permitless carry state | Became a permitless carry state in July 2021 |
| Who can carry without a permit? | Residents of Tennessee, members of the military aged 18-20, and most people aged 21 and older |
| Who is excluded from carrying without a permit? | Anyone convicted of driving under the influence, domestic violence, or stalking; felons; and individuals committed by the court to a mental institution |
| Limitations on carrying without a permit | Carrying in public parks, campgrounds, civic centers, or greenways; blocking off public recreation areas |
| Training requirements | No legal requirement, but safety training is strongly encouraged |
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What You'll Learn
Tennessee is not a constitutional carry state
Tennessee is not a "constitutional carry" state. In fact, for over 200 years, laws in Tennessee have made it a crime for citizens to carry firearms for personal protection or self-defense. Tennessee's constitution has never had a provision or statutory structure that allows individuals to lawfully possess and carry a firearm for self-defense without committing a crime. The state's premise is that it is a crime for anyone to carry any firearm with the intent to go armed, as outlined in Tennessee Code Annotated § 39-17-1307(a)(1). This single sentence precludes Tennessee from being categorized as a "constitutional carry" state.
While Tennessee did become a permitless carry state in July 2021, this only applies to residents of the state and does not constitute "constitutional carry." Visitors to Tennessee are still subject to different laws and limitations. For instance, the law does not affect the carrying of rifles or shotguns, only handguns. Additionally, those who wish to carry a handgun must be 21 or older (18 or older if they are actively serving in the military or have been honorably discharged), in lawful possession of the handgun, and in a place where they are lawfully present.
The Memphis Police Department has raised concerns about the safety implications of permitless carry, emphasizing the importance of citizens understanding relevant state laws and safe handling practices for firearms. They encourage individuals who want to carry a handgun to seek a permit and take advantage of free safety classes offered by the Shelby County Sheriff's Department. These classes provide instruction on proper weapons handling, ways to carry and secure handguns, and a review of state laws.
Despite the passage of the permitless carry law, several legislators who voted for it, including Speaker Cameron Sexton, have acknowledged that it is not true constitutional carry. They have expressed their intention to continue pushing for true constitutional carry in the state. In the meantime, Tennessee remains a state where carrying a firearm with the intent to go armed is a crime, and it does not meet the criteria to be considered a "constitutional carry" state.
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Tennessee permitless carry law
Tennessee became a permitless carry state in July 2021, allowing most citizens to carry a loaded handgun on their person, openly or concealed, without a permit. The law applies to those aged 21 or older, or 18 and above if they have been honorably discharged from or are in active service in the military. However, it is important to note that this law is not "constitutional carry", and there are still limitations and requirements in place.
Firstly, the law only applies to Tennessee residents. Visitors to the state are not covered by this law and must adhere to different regulations. Additionally, there are restrictions on where individuals can carry firearms, even with this law in place. For example, government buildings and schools are off-limits.
Secondly, while a permit is not required, individuals must still meet specific criteria to carry a firearm. They must be in lawful possession of the handgun, be in a place where they have a right to be, and meet three additional criteria as defined by the state. It is important to note that Tennessee law prohibits the possession of a firearm "with the intent to go armed." This means that simply being armed in public is not, in itself, a legal basis for officers to detain someone.
The permitless carry law in Tennessee has sparked concerns about safety and the potential for accidental misuse or lack of knowledge about firearms. The Memphis Police Department and other organizations encourage citizens to seek training and guidance on safely handling and operating firearms, even though it is not mandatory. Proper training can reduce the likelihood of accidents and help gun owners understand the legal technicalities and limits of self-defence.
While the new law allows for increased flexibility in carrying firearms, it is important for individuals to stay informed about the specific regulations and requirements in Tennessee and other states they may visit.
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Limitations for visitors
Tennessee is a permitless carry state, meaning that most residents aged 21 and older can carry a loaded handgun on their person, openly or concealed, without a permit. Members of the military aged 18 to 20 years old are also allowed to do so. However, this law does not affect the carrying of rifles or shotguns, and it does not apply to visitors.
Tennessee is not a constitutional carry state, meaning it is generally a crime to carry a firearm with the intent to go armed. While Tennessee's permitless carry law does not require state residency, it does exclude certain individuals, including non-residents. Visitors to Tennessee are still subject to the state's previous laws, which require a permit to carry a firearm.
In addition, there are limitations on where even residents can legally carry a firearm without a permit. Carrying a firearm in any area deemed for public recreation, such as a public park, campground, or civic center, is generally a criminal offense. Blocking off a right-of-way, such as a road, can turn it into a public recreation area, and carrying a firearm in such a space would then be a felony.
The Memphis Police Department strongly encourages individuals who want to lawfully carry a handgun to seek a permit and undergo 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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Requirements for teachers to carry concealed weapons
Tennessee is not a "constitutional carry" state. However, it did adopt a permitless carry law in 2021, allowing most adults, including visitors, to carry a handgun without a permit. This means that, in most cases, non-residents can carry a firearm in the state without a permit as long as they are eligible to do so in their home state. Nevertheless, it is important to note that there are still restrictions in place.
Tennessee law allows local boards of education in "distressed rural counties" to implement policies permitting the director of schools, in consultation with the principal of each school, to authorise and select employees who may carry a concealed handgun within and on school grounds. The maximum number of employees allowed to carry a handgun is one per 100 students enrolled in the school. To be eligible, employees must:
- Have a valid handgun carry permit issued by the state.
- Not be prohibited from possessing handguns.
- Have completed at least 40 hours of state-approved handgun instruction.
- Complete at least 16 hours of state-approved continuing handgun instruction annually.
Additionally, Tennessee law authorises private pre-K-12 schools and institutions of higher education to establish their own handgun carry policies for their properties. With respect to public institutions of higher education, employees may carry a handgun on property owned, operated, or controlled by the institution as long as they are otherwise authorised to carry a concealed handgun under Tennessee law.
It is worth noting that law enforcement and safety experts encourage citizens who choose to carry firearms to seek training on safe handling and appropriate use.
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Tennessee's gun laws and training requirements
Tennessee is not a "constitutional carry" state. It became a permitless carry state in July 2021, but this law has limits for visitors. Tennessee residents do not need a permit to carry a gun openly or concealed, but this does not apply to non-residents. There are also limitations on where you can legally carry a gun without a permit. For example, carrying a gun in a public recreation area that has been blocked off is a felony.
Tennessee has some basic laws aimed at reducing gun violence, but the state has a high rate of gun deaths. The state does have policies in place to keep guns out of the hands of certain people, including those convicted of felonies or hate crimes, fugitives from justice, and domestic abusers. Other laws include:
- Gun owners must report lost or stolen firearms to law enforcement.
- Firearms must be stored locked, unloaded, and separate from ammunition in certain circumstances.
- The purchase of certain assault-style weapons and gun magazines over a prescribed size is prohibited.
- Devices that alter the trigger mechanisms of semi-automatic pistols and rifles are banned.
- New handgun models must include microstamping technology and childproofing features.
- Open carry is not regulated for handguns but is prohibited for rifles and shotguns unless they are unloaded.
There are firearms training schools in Tennessee, such as Valor Ridge, which offers handgun and rifle training. These schools teach the fundamental skills for carrying and using firearms, as well as tactical skills. An instructor at Caliber Firearms Academy offers an 8-hour class for the Enhanced Carry permit and a 4-hour training for Concealed Carry. There has also been a proposed bill for a 40-hour training requirement for teachers to carry concealed weapons in the classroom.
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Frequently asked questions
No, Tennessee is not a constitutional carry state. Tennessee has a law that makes it a crime for any citizen to carry any firearm with the intent to go armed.
As of July 2021, Tennessee law permits most citizens over the age of 21 to carry a loaded handgun on their person, openly or concealed, without a permit. This does not affect the carrying of rifles or shotguns, only handguns.
Tennessee became a permitless carry state in July 2021, but the law still has limits for visitors. Visitors to Tennessee must be 21 or older (18+ if active military service or honorably discharged) and in lawful possession and presence to carry a firearm without a permit.
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