Tennessee

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.

On April 8, 2021, Tennessee Governor Bill Lee signed Senate Bill 765 (effective July 1, 2021), making Tennessee the 20th state to institute constitutional carry, eliminating the requirement to obtain a carry permit for both open and concealed carrying of handguns by any unprohibited person, resident or non-resident.

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes a Tennessee Permit or does not require a license

Recognizes Tennessee Resident Permit only

Does not recognize a Tennessee Permit

Recognizes Tennessee Enhanced Permit only

Permitless Carry State

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.

Under Tennessee law, a firearm is defined as a "weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive.” Tenn. Code Ann. § 39-11-106(a)(13)(A)(i). A handgun “means any firearm with a barrel length of less than twelve inches (12”) that is designed, made or adapted to be fired with one (1) hand.” Tenn. Code Ann. § 39-11-106(a)(19). Conversely, a rifle is defined as any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger.” Tenn. Code Ann. § 39-17-1301(13). In order for a rifle to not be classified as a short-barreled firearm under Tennessee law, it must have a barrel of at least 16 inches in length. Federal law defines a shotgun in the same manner as Tennessee: “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.” 27 CFR § 478.11; see Tenn. Code Ann. § 39-17-1301(15). Like rifles, legal shotguns have requirements for minimum barrel and overall lengths. Shotgun barrels must be at least 18 inches long and must also comply with the same 26 inch overall length requirement. With respect to accessory restrictions, Tennessee passed the Tennessee Hearing Protection Act in May of 2017, effectively deleting the definition of suppressor and legalizing the possession of a suppressor. Bump stocks and stabilizing braces continue to be regulated under federal law. Tennessee has not adopted a law that specifically bans the possession of bump stocks. Following the U.S. Supreme Court's ruling in Garland v. Cargill, bump stocks became effectively legal to possess in states, including Tennessee, which do not have clear and specific prohibitions.

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.

[State] restricts the ammunition capacity of magazines to [restriction] by state law.

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.

Federal law prohibits the possession of a firearm in a "[f]ederal facility", which includes federal courthouses, post offices, airports, etc. 18 U.S.C.A. § 930.

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.

Tenn. Code Ann. § 39-17-1302

There is no Tennessee statutory law governing the carrying or use of tasers. As such, it is perfectly legal for persons to purchase, sell, carry, and use tasers under Tennessee law.

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.

The primary self-defense statute in Tennessee is Section 39-11-611 of the Tennessee Code Annotated. Section 39-11-611(b)(1) lays out the legal requirements for the justified use of force for self-defense. This section establishes that a person is legally justified in using force against another “when and to the degree the person reasonably believes the force is immediately necessary to protect against the other’s use or attempted use of unlawful force.” The use of a legally appropriate level of force is important because if a person uses more force than is reasonably believed to be immediately necessary, that person may not be legally justified in using that level of force. It is important to understand the differences in the levels of force and the circumstances under which the law allows the use of each.

Deadly force, by its legal definition, occurs when a person takes an action that is intended, or known, by the actor to cause death or serious bodily injury or likely to cause death or serious bodily injury. See Tenn. Code Ann. §§ 39-11-611(a)(4); 39-11-602(2). This knowledge or intention to cause serious bodily injury or death is called a person’s mental state. A prosecutor must prove beyond a reasonable doubt that a person possessed a particular mental state applicable to a crime in order to meet the State’s burden of proof and convict someone of a crime. An individual's mental state can often be ascertained by the circumstances of the incident. For example, ff an individual is a victim of an armed robbery, the law will likely weigh in the victim's favor if deadly force is used because the victim used justifiable deadly force to resist the crime. Furthermore, Tennessee law provides that if you are legally justified to use force in any particular situation, then you may also legally threaten to use force in the same situation. Likewise, if you are justified in using deadly force in a particular situation, you may legally threaten the use of deadly force in the same situation.

Duty to Retreat case:
State v. Renner 912 S.W.2d 701 (Tenn. 1995)
In State v. Renner, Robert Renner was convicted of first-degree murder for the shooting death of Greg Shuttles. On the evening of the incident, Renner was visiting the apartment of Micki Reynolds, with whom he had a prior relationship, to see her son. During the visit, Renner and Shuttles, who had been present all day, got into an argument. Renner claimed that while in the kitchen, he heard Shuttles load a firearm, feared for his safety, and decided to leave. As Renner attempted to exit the apartment through the living room, he alleged that Shuttles threatened him while reaching for his pocket, prompting Renner to shoot. A loaded firearm was later found on Shuttles.

At trial, the prosecutor's cross-examination and closing arguments implied that Renner could have retreated through a kitchen door, which Renner argued misled the jury about a duty to retreat. The trial court instructed the jury on the lack of a duty to retreat under Tennessee law, and the Court of Criminal Appeals upheld Renner's conviction. However, there was a dissenting opinion that believed the prosecutor's argument misrepresented the law and constituted reversible error. The Tennessee Supreme Court reviewed the case to address the application of the "no duty to retreat" rule.

Manslaughter case:
State of Tennessee v. Chad Everette Henry, No. W2018-02084-CCA-R3-CD
The Defendant, Chad Everette Henry, pleaded guilty to voluntary manslaughter and driving under the influence (“DUI”). Following a sentencing hearing, the trial court imposed consecutive sentences of twelve years for the voluntary manslaughter conviction and eleven months and twenty-nine days with forty-five days’ confinement for the conviction of DUI, second offense. The Defendant argues on appeal that the trial court imposed an improper sentence and that his plea to DUI was not knowingly and voluntarily entered. After a review of the record and applicable law, we affirm the judgments of the trial court.

On May 19, 2015, the Decatur County Grand Jury returned a nine-count indictment against the Defendant for: 1) DUI, third offense; 2) aggravated assault; 3) violation of the registration law; 4) violation of financial responsibility law; 5) violation of the implied consent law; 6) possession of a Schedule IV controlled substance; 7) aggravated kidnapping; 8) first degree felony murder; and 9) first degree premeditated murder. According to the indictments, on December 25, 2014, the Defendant caused the victim “to exit a moving vehicle…by inflicting blunt force trauma upon [the victim], causing her death.