Malcolm Rivera
On July 1, 2021, Tennessee enacted legislation regarding the possession of firearms, commonly referred to as Constitutional Carry. While the law was praised for being less restrictive and providing more freedom to citizens, it has also been criticised for being misleading and placing heavy restrictions on citizens. Tennessee's Constitutional Carry law allows individuals to conceal or open carry without a license, except in certain areas such as parks and some workspaces. The law also prohibits individuals with DUI convictions within a certain time frame from carrying a firearm. As of 2024, there are 29 states that have passed constitutional carry or permitless carry laws, with Tennessee being one of the few states with \unrestricted\ firearm legislation.
| Characteristics | Values |
|---|---|
| Constitutional carry status | Tennessee is not a constitutional carry state |
| Constitutional carry definition | The right to carry a gun without a permit |
| Tennessee law | Carrying a firearm in public with the intent to be armed is a criminal act |
| Exceptions | Individuals over 21 can carry handguns openly or concealed without a permit |
| Exceptions | Members of the military aged 18-20 can carry handguns openly or concealed without a permit |
| Exceptions | Individuals with a DUI in the last 5 years or 2 or more in the last 10 years cannot carry without a permit |
| Exceptions | Individuals convicted of stalking cannot carry without a permit |
| Exceptions | Individuals committed by the court to a mental institution cannot carry without a permit |
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What You'll Learn
Tennessee is not a constitutional carry state
In a true constitutional carry state, it is not a crime to carry a firearm in public, and individuals who can legally possess a firearm are not prohibited from carrying handguns. Tennessee's laws, however, make it a crime to carry a firearm with the intent to go armed, as outlined in Tennessee Code Annotated § 39-17-1307(a)(1). This means that law enforcement officers have the authority to stop and detain individuals who are carrying firearms in public, even if they have a permit.
While Tennessee has passed a permitless handgun carry bill, which allows individuals 21 and older to carry handguns openly or concealed without a permit, it does not meet the criteria for constitutional carry. The bill also includes restrictions on certain individuals, such as those with a DUI conviction or a history of domestic violence, and does not apply to long guns.
Additionally, Tennessee's constitution has never included a provision that protects the right of individuals to carry firearms in public without a permit. The term "constitutional carry" refers to the protection of this right, which was first established in Vermont and has since been adopted by over half of the states in the nation.
It is important to note that the interpretation and implementation of gun laws can be complex and subject to change. While Tennessee's current laws do not align with the definition of a constitutional carry state, it is possible that future legislation could bring the state closer to meeting this criteria.
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Carrying a firearm in public is a criminal act in Tennessee
Tennessee is not a "constitutional carry" state. This means that carrying a firearm in public with the intent to go armed is a criminal act in Tennessee. If an officer sees an individual carrying a firearm in public, they have witnessed a crime being committed and have the authority to stop and detain the individual, and decide whether or not to charge them.
Tennessee's gun laws
Tennessee has some of the most relaxed gun laws in the country. The state has only a few basic laws aimed at reducing gun violence, and legislators have recently weakened these policies. For example, in 2024, a law was passed to arm teachers in K-12 schools. Tennessee also has the second-highest rate of gun deaths in the country.
History of gun laws in Tennessee
Tennessee's constitution has never allowed individuals to carry a firearm in public without being charged with a crime. In the mid-1990s and before, the term "Vermont carry" was used to describe the right to carry a firearm in public without a permit, which was legal in Vermont but not in Tennessee. In 2021, the Firearms Policy Coalition (FPC) sued the state of Tennessee for prohibiting 18- to 20-year-olds from carrying a concealed firearm in public or from obtaining a permit. The state's restrictions were found to be unconstitutional and were lifted in 2023.
Permits and exceptions
While Tennessee is not a constitutional carry state, it does allow permitless open and concealed carry for anyone 21 or older (or 18 and honorably discharged from the military or active duty) who may lawfully possess a handgun, is in a place where they have a right to be, and meets three additional criteria. Tennessee offers resident and non-resident permits, and individuals can obtain a concealed handgun carry permit (CHCP) by taking a 90-minute online course or an enhanced handgun carry permit (EHCP) with an 8-hour live training course.
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The Governor's 2021 law has created confusion
The 2021 law, effective from July 1, 2021, created a statutory "exception", allowing permitless open and concealed carry for individuals 18 years or older who lawfully possess a handgun and are in a place they have a right to be. However, this "exception" does not remove the criminal charge for carrying a firearm in public, it merely serves as a "defense" in a criminal trial. As a result, law enforcement officers can still detain and question individuals carrying firearms, as the core elements of a crime are observed.
The confusion arises as several legislators who voted for the Governor's law stated that it was not "real constitutional carry". They argued that the law does not remove the infringements on the Second Amendment rights of citizens. Additionally, the law puts the burden on citizens to prove that they meet all the conditions imposed by the permitless carry law, adding to the complexity.
The debate was highlighted during the March 2, 2021, Senate Judiciary hearings, where Chairman Senator Mike Bell acknowledged that the bill was a "permitless carry" bill but expressed his desire for further changes in the future. Senator Kerry Roberts also described the bill as an incremental step towards "real constitutional carry", indicating that Tennessee had not yet achieved that status.
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TN constitutional carry law is not a constitutional carry law
Tennessee's 2021 constitutional carry law may not be as unrestricted as initially thought. Tennessee's statutory structure is that it is a crime for anyone to carry any firearm with the intent to go armed. This means that Tennessee's constitution has never had a provision where it was not a crime for an individual to carry a firearm for self-defence. In a state with 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.
In a true constitutional carry state, an officer has no probable cause to stop someone merely because they are armed in public. However, in Tennessee, an officer has the authority to stop, detain, and charge an individual for carrying a firearm in public. Tennessee's two state-issued handgun permits are considered a "defence" or "exception" to the law. The Governor's 2021 permitless carry law is also considered an exception, but it does not remove the infringements on the Second Amendment.
The Governor's law has created confusion and risk on these issues. Several legislators who voted for the Governor's law stated that it is not real constitutional carry. For example, Senator Kerry Roberts described it as an incremental step in the direction of real constitutional carry. Tennessee does not allow an individual to carry a firearm without a permit if they have received a DUI in the last five years or two or more in the last ten years.
In summary, Tennessee's constitutional carry law is not a true constitutional carry law because it does not allow individuals to carry firearms without a permit and it does not remove the infringements on the Second Amendment. Tennessee's statutory structure criminalizes carrying a firearm with the intent to go armed, which is contrary to the principles of constitutional carry.
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TN's statutory structure is different from a constitutional carry state
Tennessee is not a "constitutional carry" state. Tennessee's statutory structure is different from a constitutional carry state. For more than two centuries, 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 that made it clear that citizens who could lawfully possess a firearm could carry it in public without committing a crime.
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 that " [a] person commits an offense who carries, with the intent to go armed, a firearm or a club." This means that an officer has probable cause to stop someone they see armed in public because carrying a firearm in public with the intent to go armed is a criminal act.
In a constitutional carry state, the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or concealed, and no state permit is required. In these states, it is not a crime to carry a firearm in public with the intent to go armed. As a result, an officer has no probable cause to stop someone simply for being armed in public.
Tennessee's statutory structure creates a collection of circumstances that allow someone to assert to a jury that they are not guilty of the crime of carrying with the intent to go armed because their actions fit one or more statutory "defenses" or "exceptions." For example, having one of Tennessee's two state-issued handgun permits is a "defense," and there are other defenses or exceptions as well, such as Tennessee's permitless vehicle transport provision in Tennessee Code Annotated § 39-17-1307(e).
In summary, Tennessee's statutory structure is different from a constitutional carry state because it creates a patchwork of statutes that make it a crime to carry a firearm with the intent to go armed, with certain defenses or exceptions that can be asserted as a defense in a criminal trial.
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Frequently asked questions
No, Tennessee is not a constitutional carry state. Carrying a firearm in public with the intent to go armed is a criminal act in Tennessee.
A constitutional carry state is one where it is not a crime to carry a firearm in public with the intent to go armed.
In 2021, Gov. Bill Lee signed a permitless gun bill into law, allowing people 21 and older to carry handguns openly or concealed without a permit. However, this law does not apply to long guns, and there are specific places where a permit is still required, such as parks and some workspaces.
In Tennessee, individuals must be 21 or older to carry a handgun without a permit, and they must not have certain convictions, such as DUI or domestic violence offenses. It is recommended to complete a TN concealed carry course to understand the state's gun laws and receive added benefits and reciprocity with other states.
The constitutional carry law in Tennessee has been supported by the National Rifle Association, the governor's administration, and many elected officials, law enforcement officers, and Second Amendment supporters. However, it has been opposed by state law enforcement groups, Democrats, and some individuals who believe it could increase crime and officer vulnerability.
