If you’re going to carry a firearm in Tennessee, you need to know the ins and outs of the state’s concealed carry laws and relevant state laws. Whether you’re a first-time gun owner or a seasoned permit holder, you need to know the current rules and your responsibilities to stay safe and in compliance. If you think you followed the concealed carry laws and still get charged with a crime, you need an experienced Nashville criminal defense attorney on your side.
In this post, we’ll cover the basics of Tennessee’s concealed carry laws, from permitless carry and handgun permits to firearms in public places.
Permitless Carry in Tennessee
Tennessee allows permitless carry, meaning you can carry a handgun openly or concealed without a permit. However, there are specific legal restrictions and allowances related to carrying weapons, particularly focusing on where and how permit holders can legally carry, such as in public parks or educational institutions. This law went into effect July 1, 2021 and applies to residents who meet certain legal requirements. The intent behind this law is to give lawful gun owners more flexibility to exercise their Second Amendment rights without the hassle of getting a permit.
Eligibility for Permitless Carry
While permitless carry is available, not everyone is eligible. The law states you must be at least 21 years old, or 18 if you’re active duty military or honorably discharged veterans. You also can’t have any felony convictions, pending criminal charges, or certain misdemeanor convictions such as domestic violence. The law also disqualifies you if you have an active protection order or have been adjudicated as mentally defective.
Open vs Concealed Carry Without a Permit
In Tennessee, the difference between open carry and concealed carry is how you carry the firearm. Open carry means carrying a firearm in a holster or other way where it’s visible to the public. Concealed carry means the firearm is hidden from view, usually under clothing or in a concealed holster. Under the permitless carry law you can choose either method based on your preference or situation, as long as you meet the legal requirements to carry a handgun.
Handgun Permits
Even though Tennessee allows permitless carry getting a handgun carry permit is still a good idea. For individuals with previous prohibitions, firearm possession is subject to legal constraints, and they must meet eligibility requirements to obtain a permit. A permit gives you legal protection and peace of mind in situations where carrying without one might leave you unclear of the law. Plus a permit shows you’re a responsible gun owner and will make interactions with law enforcement easier.
Types of Permits
Tennessee has two types of handgun carry permits: Standard Handgun Carry Permits and Enhanced Handgun Carry Permit. Enhanced permits involve specific application fees and renewal processes, including costs associated with obtaining a lifetime enhanced handgun carry permit and the necessity of maintaining eligibility through periodic criminal history checks.
Standard Handgun Carry Permit
Standard Handgun Carry Permit
Allows you to carry a handgun openly or concealed. This is the basic option and requires a simple application process, background check, and brief safety course.
Enhanced Handgun Carry Permit
The Enhanced Handgun Carry Permit offers more benefits including broader reciprocity with other states. This permit requires more training, including a mandatory handgun safety course that covers regulatory requirements such as classroom instruction and practical firing range hours. The course also addresses important topics like the effects of alcohol and drugs on firearm safety, demonstrating a higher level of firearm proficiency and safety knowledge. If you travel frequently or want maximum legal protections the Enhanced permit is a good option.
Benefits of Having a Handgun Carry Permit for Reciprocity
One of the biggest benefits of having a handgun carry permit is reciprocity. A lifetime permit, available for enhanced permits, offers long-term benefits and can be cost-effective over time despite the initial higher cost. Tennessee has agreements with many other states that recognize its permits so permit holders can carry their firearms across state lines. This is especially important for those who travel frequently and want to stay legal in other states. By getting a handgun carry permit, especially an Enhanced one, gun owners can make sure they can carry in other states without violating local laws.
Background Checks for Firearm Purchases
Understanding background checks is key for firearm buyers and sellers in Tennessee. Handgun safety is crucial, emphasizing the importance of responsible firearm ownership and awareness of legal responsibilities.
Licensed Dealers and Background Checks
Licensed firearms dealers in Tennessee are required by federal law to do background checks on all firearm buyers. This process uses the National Instant Criminal Background Check System (NICS) which quickly determines if an individual is eligible to buy a firearm. Dealers must not transfer a firearm to a buyer until the background check is completed and approved. This shows how important responsible gun sales are and helps keep firearms out of the wrong hands.
Background Checks for Licensed Dealers vs Private Sellers
Licensed dealers are required to do background checks but private sellers are not. In Tennessee private sales between individuals do not require a background check, which creates a different regulatory environment for commercial vs private transactions. This difference means firearms could be sold to someone who would fail a background check, so be cautious and use discretion when selling privately.
Tennessee’s Background Check System and How it Works with the Federal System
Tennessee’s background check system works in conjunction with NICS to ensure a thorough process for potential firearm buyers. The state system catches any disqualifying factors that might not be flagged by the federal system alone, adding an extra layer of security. By combining state and federal databases Tennessee is making background checks more effective and reducing the chances of prohibited persons getting firearms. This is about public safety and respecting lawful gun owners.
Concealed Carry on Campuses and Public Spaces
Carrying concealed on campuses and in public spaces requires understanding Tennessee’s specific laws and restrictions.
Concealed Carry on Public College Campuses
In Tennessee, the laws for concealed carry on public college campuses are specific and restrictive. Only full-time employees of public colleges and universities can carry concealed on campus and they must have a valid handgun carry permit. Students and the general public are not allowed to carry firearms on these campuses even if they have a permit. This is to balance permit holder rights with campus community safety.
Places You Can’t Carry
Tennessee law prohibits carrying firearms in certain public areas regardless of whether you have a permit. These areas include K-12 schools, government buildings (like the state capitol), bars where alcohol is served, and certain public events like protests or parades. Violating these areas can result in serious legal consequences including losing your right to carry.
Permit Holder Guidelines for Public Spaces
Permit holders in Tennessee should know the rules and guidelines for where you can carry concealed. It’s your responsibility to know local ordinances and state laws, ignorance of the law is not an excuse. Always be cautious and make sure you comply with all laws when carrying in public to avoid legal trouble and public safety.
Contact an Experienced Nashville Criminal Defense Attorney Today!
If you want to stay informed and make sure you’re fully compliant with Tennessee’s concealed carry laws, don’t hesitate to reach out to our team at Byron Pugh Legal. Our experts are here to provide personalized guidance and answer any questions you may have.
Call us today at 615-255-9595 for a free case review!
