Malcolm Rivera
On July 1, 2021, Tennessee enacted legislation regarding the possession of firearms, commonly referred to as Constitutional Carry. However, it is important to note that Tennessee is not a constitutional carry state, as carrying a firearm in public with the intent to go armed is considered a criminal act. The 2021 law, also known as the permitless carry provision, allows individuals to carry a firearm without a permit, but it does not remove the infringement on the right to bear arms as mandated by the 2nd Amendment. While the law provides an affirmative defense to the criminal charge of carrying a firearm, individuals must still prove that their conduct meets specific conditions. Tennessee's statutes must be carefully interpreted, and the presence of the word exception does not always indicate the common understanding of the term. The law also imposes restrictions on individuals with DUI convictions, prohibiting them from carrying a firearm for a significant period.
| Characteristics | Values |
|---|---|
| Date of enactment | July 1, 2021 |
| Name of legislation | Constitutional Carry |
| Type of legislation | Firearm possession |
| Enacted by | Tennessee legislature and Governor Lee |
| Permit requirement | No permit required for Tennessee residents |
| Age requirement | 18 years or older |
| Lawful possession | Must be able to lawfully possess a handgun |
| Location restrictions | Off-limits areas include government buildings and schools |
| DUI convictions | Cannot have a DUI conviction within the last 5 years or 2 convictions within 10 years |
| Constitutionality | Debated; some claim it is not true constitutional carry |
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What You'll Learn
Tennessee is not a constitutional carry state
Constitutional carry means that it is not a crime to carry a firearm for a lawful purpose, such as self-defense, and that individuals who can legally possess a firearm are not prohibited from carrying handguns. In Tennessee, carrying a firearm with the intent to go armed is a criminal act. Tennessee's laws fail to meet the minimum requirements for constitutional carry, and the permitless carry provision is very limited. The 2021 permitless carry law does not remove the infringement on the right to bear arms as mandated by the Second Amendment.
The Tennessee Firearms Association has stated that the Governor's law has created unnecessary risk and confusion. They argue that the law is not presented as removing an infringement on a "right," but rather as the state ""allowing" certain groups of people an exception to a criminal charge. This means that individuals carrying a firearm in public can still be prosecuted and face criminal charges. The law is complicated and confusing, and it is not clear if individuals are allowed to carry a firearm in certain public places, such as parks and greenways.
Additionally, Tennessee's constitutional carry law has a major problem with how it relates to DUI convictions. The law makes it illegal for anyone with a DUI conviction within five years or two convictions within ten years to carry a firearm. This restriction is strictly punished in Tennessee and can never be expunged from an individual's record. The punishment includes being unable to carry a firearm for a significant period, which is a heavier restriction than any other punishment for the same offense.
In summary, Tennessee is not a constitutional carry state, and its permitless carry provision does not meet the requirements for constitutional carry. The state's laws place heavy restrictions on the citizens of Tennessee, and there are ongoing efforts to demand real constitutional carry from the Legislature.
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Tennessee's permitless carry scheme
As of July 1, 2021, Tennessee enacted legislation regarding the possession of firearms, commonly referred to as "constitutional carry". This law allows individuals over the age of 18 to carry a firearm openly or concealed without a permit, as long as they may lawfully possess a handgun and are in a place where they have a right to be. However, there are still restrictions and limitations to this law. For example, individuals with a DUI conviction within five years or two convictions within ten years are prohibited from carrying a firearm. Additionally, certain places such as government buildings and schools are off-limits for carrying a firearm.
The Tennessee Firearms Association and other sources argue that the state's laws do not constitute real constitutional carry. They claim that in a true constitutional carry state, carrying a firearm with the intent to go armed is not a crime, and individuals cannot be detained or charged solely for being armed in public. However, in Tennessee, carrying a firearm with the intent to go armed is a criminal act, and law enforcement officers have the authority to detain and charge individuals who are armed in public. The permitless carry law is simply a defence that individuals must prove to a government official or jury if they choose to carry a handgun.
The debate over Tennessee's permitless carry scheme highlights the complexities and misunderstandings surrounding gun legislation in the state. While the law provides more freedom to residents, it is important to understand the limitations and restrictions that are still in place. Tennessee's permitless carry scheme does not remove all infringements on the right to bear arms as mandated by the Second Amendment.
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Tennessee's 2021 constitutional carry law
On July 1, 2021, Tennessee enacted legislation regarding the possession of firearms, commonly referred to as "Constitutional Carry". This law allows Tennessee residents to carry a handgun openly or concealed without a permit, as long as they are 18 years or older, can lawfully possess a handgun, and are in a place where they have a right to be. However, it is important to note that Tennessee's "permitless carry" provision does not constitute "Constitutional Carry".
The term "Constitutional Carry" refers to a situation where a state does not prohibit individuals who can legally possess a firearm from carrying handguns, and where carrying a firearm for self-defense or other lawful purposes is not considered a crime. In Tennessee, carrying a firearm "with the intent to go armed" is still considered a criminal offense, and individuals can be prosecuted for carrying a handgun in public parks, greenways, and other places. The law also does not remove the infringement on the right to keep and bear arms as mandated by the Second Amendment.
The 2021 Tennessee law has been criticized for creating confusion and risk, as well as for its heavy restrictions, particularly regarding DUI convictions. The law prohibits individuals with a DUI conviction within five years or two convictions within ten years from carrying a firearm, which some argue is a strict punishment that can never be expunged from one's record. Additionally, the law does not specify a start time for this restriction, leading to further confusion.
While Tennessee's 2021 law is a step towards less restrictive firearm legislation, it falls short of true "Constitutional Carry". The state's existing and proposed laws have been criticized for failing to comply with the Second Amendment's mandate of "shall not be infringed". As such, there is an ongoing push for the Legislature to enact laws that truly respect the right to keep and bear arms.
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Tennessee's gun laws and training requirements
Tennessee has one of the highest rates of gun deaths in the country, yet it has only a few basic laws aimed at reducing gun violence. In fact, legislators in the state have recently weakened policies, eliminating the requirement for a permit to carry a gun, allowing almost anyone to carry loaded firearms in public without a background check, permit, or safety training.
Tennessee's Gun Laws
Tennessee does not allow an individual to carry a gun without a permit if they have received a DUI in the last five years or two or more in the last ten years. Tennessee also prohibits the purchase of gun magazines larger than a prescribed size and certain assault-style weapons originally designed for military use. The state also prohibits devices that alter the trigger mechanisms of semi-automatic pistols and rifles, allowing them to fire continuously. New handgun models sold in the state must include microstamping technology and childproofing features. Tennessee also regulates how guns may be carried visibly in public, requiring a permit or barring open carry altogether. Open carry is not regulated for handguns but is prohibited for rifles and shotguns unless they are unloaded.
Training Requirements
Tennessee has very few training requirements for gun owners. In fact, the state does not require safety training to carry a firearm. However, there are firearms training schools in the state, such as Valor Ridge, which offers handgun and rifle training. The school has a pistol range and several rifle ranges and teaches fundamental skills for carrying and using handguns and rifles, as well as tactical skills.
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Tennessee's permitless carry limitations
On July 1, 2021, Tennessee enacted legislation regarding the possession of firearms, commonly referred to as "Constitutional Carry". This law allows most Tennessee citizens to carry a loaded handgun, openly or concealed, without a permit. However, it is important to note that this law only applies to handguns and does not affect the carrying of rifles or shotguns.
While this law provides more freedom to citizens, it is important to understand its limitations. Tennessee's permitless carry law does not remove the criminal charge associated with carrying a firearm with the "intent to go armed." This means that carrying a firearm in public with the intent to go armed is still considered a criminal act in Tennessee. Law enforcement officers have the authority to stop, detain, and decide whether to charge individuals who are seen carrying firearms in public.
Additionally, there are specific limitations to the permitless carry law in Tennessee. It does not apply to individuals with a DUI conviction within the last five years or two convictions within the last ten years. The law also prohibits carrying firearms in certain places, such as government buildings and schools, and individuals under the influence of alcohol or drugs are prohibited from possessing a handgun.
Moreover, while the permitless carry law offers convenience, obtaining a permit provides several advantages. Proper training reduces the likelihood of accidents and injuries, helps gun owners understand legal technicalities, and introduces principles of defensive force. Seeking training on safe firearm handling and guidance on when to use a firearm for protection is strongly encouraged by law enforcement agencies like the Memphis Police Department.
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Frequently asked questions
No, Tennessee is not a constitutional carry state. While the state enacted legislation regarding possession of firearms, referred to as "Constitutional Carry", on July 1, 2021, this law does not remove the infringement on the right to bear arms. Tennessee's laws still fail to present a statutory scheme that meets the minimum requirements for Constitutional Carry.
Constitutional carry refers to when a state does not prohibit individuals who can legally possess a firearm from carrying handguns. Permitless carry is when a state allows constitutional carry but individuals must meet certain qualifications, such as no DUIs in the last 10 years, to legally carry.
As of 2025, Tennessee is not a constitutional carry state. However, it is a permitless carry state, meaning residents do not require a permit to carry a gun concealed or open within the state.
In Tennessee, an individual must be at least 18 years old to carry a firearm. They must also lawfully possess the handgun, be in a place where they have a right to be, and meet additional criteria outlined in the Tennessee Code.
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