Constitutional Carry in Tennessee

The headline answer

Tennessee is a permitless carry state. If you are at least 18 years old, lawfully possess a handgun, and are in a place where you have a right to be, you may carry that handgun, openly or concealed, in public without any state permit. The exception is codified at Tenn. Code Sec. 39-17-1307(g) and took effect July 1, 2021. The age was originally 21 (with an 18-and-older carve-out for active and honorably discharged military). Tennessee extended permitless carry to all adults 18-20 after a federal court ruled the 21-and-older restriction unconstitutional under New York State Rifle and Pistol Association v. Bruen.

Constitutional carry in Tennessee is best understood as a statutory exception, not a repeal. The underlying offense at Sec. 39-17-1307(a) (carrying a firearm "with the intent to go armed") is still on the books. Subsection (g) carves a hole in it for qualifying adults carrying handguns in lawful places. Every other restriction in Title 39, Chapter 17, Part 13 still applies: prohibited places, prohibited persons, posted-notice rules, alcohol-served premises, schools, courthouses, government buildings, and federal-property bans all remain in force. The state's permit system (Sec. 39-17-1351 enhanced; Sec. 39-17-1366 concealed) was not abolished.

Statutory text and structure

The operative language at Tenn. Code Sec. 39-17-1307(g) creates an exception to the general prohibition in subsection (a). Under the current statute, it is an exception to carrying with intent to go armed that a person is carrying, openly or concealed, a handgun and:

1. The person is at least 18 years of age.
2. The person lawfully possesses the handgun.
3. The person is in a place where the person is lawfully present.

The exception covers handguns only. It does not authorize permitless carry of long guns beyond what other Tennessee law already allows, and it does not exempt the carrier from federal firearms law. The carrier still must satisfy 18 U.S.C. Sec. 922(g) prohibited-person criteria and every federal place restriction.

Legislative history

Tennessee's permitless carry exception was enacted as Public Chapter 108 of 2021. Gov. Bill Lee signed the bill (SB 765 / HB 786) on April 8, 2021. The law took effect July 1, 2021, and Tennessee became the 19th state to authorize some form of permitless handgun carry.

The 2021 statute limited the permitless-carry exception to:

• Adults 21 and older, and
• Adults 18 and older who were on active military duty or who had been honorably discharged.

That age structure was challenged in Beeler v. Long, a Bruen-era lawsuit filed in April 2021 by the Firearms Policy Coalition on behalf of Knoxville plaintiffs Blake Beeler and Logan Ogle. In 2023, the Tennessee Attorney General's Office signed a proposed order conceding that the 21-and-older restriction could not stand under Bruen. The legislature followed with Public Chapter 829 of 2024 (HB 1005 / SB 1503), which extended permitless carry to all qualifying adults 18 and older. The Tennessee Department of Safety and Homeland Security simultaneously began issuing handgun carry permits to applicants 18 and older. The current statutory minimum age for permitless carry in Tennessee is 18.

Who qualifies

To carry under Sec. 39-17-1307(g), you must satisfy three statutory elements:

1. Age 18 or older.
2. Lawful possession of the handgun. You cannot acquire or possess the firearm in violation of state or federal law.
3. Lawful presence in the location where you are carrying.

You are NOT eligible to carry under the permitless-carry exception if any of the following apply. These tracks the disqualifiers that also bar issuance of a Tennessee handgun carry permit and the federal prohibited-person categories at 18 U.S.C. Sec. 922(g):

• Felony conviction (state or federal).
• Conviction of a misdemeanor crime of domestic violence.
• Conviction of stalking.
• Conviction of driving under the influence within a disqualifying lookback window.
• Subject to an active order of protection.
• Adjudicated mentally defective or committed to a mental institution.
• Unlawfully present in the United States or having renounced U.S. citizenship.
• Dishonorably discharged from the armed forces.
• Federal prohibited person under 18 U.S.C. Sec. 922(g) for any other reason (fugitive from justice, unlawful drug user, indictment for a felony, etc.).

If you are not eligible and you carry anyway in reliance on Sec. 39-17-1307(g), you are committing an offense under Sec. 39-17-1307(a). A first violation is generally a Class C misdemeanor; subsequent violations or a violation where the ineligibility stems from a disqualifying conviction or adjudication can be charged as a Class B misdemeanor; a violation in a public place where someone is present can be charged as a Class A misdemeanor.

What constitutional carry does NOT do

This is where students get in trouble. The exception only addresses one thing: it removes the need for a state permit to carry a handgun in a lawful place. It does not waive anything else.

• It does not exempt you from place restrictions. Schools (Sec. 39-17-1309), courthouses and judicial proceedings (Sec. 39-17-1306), government buildings (Sec. 39-17-1311), and any premises posted under Sec. 39-17-1359 are still off-limits. Public parks, greenways, nature trails, state and local campgrounds, and buildings posted "Concealed Firearms by Permit Only" generally remain restricted to permit holders, not permitless carriers.
• It does not exempt you from the federal Gun-Free School Zones Act, 18 U.S.C. Sec. 922(q). That federal law has a carve-out for state-licensed permit holders that does NOT apply to permitless carriers.
• It does not exempt you from the rule against carrying where alcohol is served (Sec. 39-17-1305). The same posted-notice regime applies; permitless carriers fall under the same restrictions as permit holders for posted establishments.
• It does not allow you to carry under the influence. Tennessee's "under the influence" rules continue to apply.
• It does not authorize possession by a person federally prohibited from possessing firearms. Constitutional carry status does not cure a felony record, a domestic-violence misdemeanor, or any other Sec. 922(g) disability.
• It does not give you reciprocity in other states. Most reciprocity agreements run permit-to-permit. If you cross into a state that does not recognize permitless carriers from other states, you are subject to that state's permit requirement.
• It does not provide a NICS-exemption for federal firearms purchases at an FFL. The Tennessee Enhanced Handgun Carry Permit is currently listed on the ATF Brady Permit Chart and can serve as a NICS alternative; the Concealed-only permit is NOT currently on that chart; permitless-carry status cannot. Verify the chart at atf.gov.
• It does not affect Tennessee's "shall certify" rule for NFA items under Sec. 39-17-1361 or any other firearm-acquisition step.

Why a permit still matters

Tennessee retained both of its handgun carry permits when it enacted permitless carry. They coexist with Sec. 39-17-1307(g), and they continue to deliver benefits that the permitless exception does not:

• Reciprocity. A Tennessee enhanced handgun carry permit (Sec. 39-17-1351) is honored in roughly 30-plus other states under their reciprocity laws. The concealed permit (Sec. 39-17-1366) is honored in fewer but still substantial. Permitless carry stops at the state line.
• Federal Gun-Free School Zones Act exemption. A state-issued permit triggers the 18 U.S.C. Sec. 922(q) exemption for school-zone proximity; permitless carry does not.
• Park, greenway, and campground access. Several state restrictions are written to allow access by permit holders only. Permitless carriers must avoid those locations.
• NICS exemption at FFL purchase. A qualifying state-issued permit can substitute for the NICS check at point of sale. Permitless-carry status cannot.
• Posted-government-building access where the posting reads "Concealed Firearms by Permit Only."
• Cleaner interactions with law enforcement. Officers can verify a permit instantly through state databases; permitless-carry eligibility is harder to confirm on the side of the road.

The Tennessee Firearms Association, the state's largest pro-gun organization, has publicly recommended that Tennesseans obtain the enhanced permit rather than relying solely on Sec. 39-17-1307(g), specifically because the exception is narrower than full constitutional carry and creates exposure to felony-level charges if a carrier wanders into a permit-only location.

Constitutional carry vs. permitless carry: terminology

Tennessee's law is officially marketed by the governor's office as "constitutional carry," but it is technically a permitless-carry exception, not a wholesale recognition of a right to carry without state regulation. The distinction matters for two reasons:

1. The statute creates an affirmative carve-out from a charging statute that still exists. If any element of the exception fails (age, lawful possession, lawful presence), the underlying offense at Sec. 39-17-1307(a) applies in full.
2. The exception is narrower than the "constitutional carry" laws in some other states. It does not eliminate the permit system, does not exempt carriers from park or greenway restrictions, and does not eliminate the underlying "intent to go armed" charge.

Some Tennessee firearms instructors use the terms "permitless carry" and "constitutional carry" interchangeably in conversation. For exam and legal purposes, "permitless carry under Sec. 39-17-1307(g)" is the precise label.

Open carry vs. concealed carry under the exception

Sec. 39-17-1307(g) covers BOTH open and concealed handgun carry. A qualifying adult may carry the handgun openly (visible, in a holster) or concealed (under clothing, in a bag), and the choice is the carrier's. There is no statutory preference and no separate "open carry" permit.

Long guns are not covered by the Sec. 39-17-1307(g) exception. Tennessee allows open carry of an unloaded long gun by anyone 18 or older not otherwise prohibited, under separate provisions of Sec. 39-17-1307 and Sec. 39-17-1308.

Prohibited places (short list)

Even with all elements of Sec. 39-17-1307(g) satisfied, you may not carry into the following without separate authority or a qualifying permit:

• Schools and school property, including parking, Sec. 39-17-1309.
• Courthouses and judicial proceedings, Sec. 39-17-1306.
• State and federal government buildings posted as prohibited, Sec. 39-17-1311.
• Premises where alcohol is served, where posting applies under Sec. 39-17-1305.
• Any property posted under Sec. 39-17-1359 with the statutory "no weapons" sign.
• Federal buildings, federal courthouses, airports past security, military bases, post offices.
• National park facilities where federal law restricts.
• State parks, public parks, greenways, nature trails, and state and local campgrounds for permitless carriers (these locations are open to qualifying permit holders only).

The Prohibited Places section of this guide covers each category in detail. Treat the list above as a non-exhaustive warning, not a complete catalog.

Practical guidance for instructors and students

• Carry valid government-issued ID at all times while carrying under Sec. 39-17-1307(g). If you also hold a Tennessee handgun carry permit, carry it too.
• Tennessee has no statutory duty to inform law enforcement that you are armed during a stop. Most instructors still recommend volunteering the information calmly and early.
• Read the Posted-Notice section. A compliant posted sign under Sec. 39-17-1359 turns a lawful permitless carry into a misdemeanor (Class B if you refuse to leave; trespassing charges may stack).
• Treat any greenway, public park, state park, or campground as off-limits without an enhanced or concealed permit. The post-Bruen status of the various Tennessee park-carry prohibitions is contested in ongoing litigation; until any such ruling becomes final and binding, the safer assumption is that permit-only park rules still apply to permitless carriers.
• If you travel out of state, get the permit. Permitless carry status ends at the Tennessee line for most reciprocity purposes.
• If you have any disqualifying criminal history, a pending charge, an order of protection, or any uncertainty about your federal prohibited-person status, do not rely on Sec. 39-17-1307(g). Consult counsel before carrying.

Pending legislation

The 114th General Assembly has considered a proposed constitutional amendment (SJR 0659) to amend Tenn. Const. art. I, Sec. 26 to enshrine permitless carry at the constitutional level and remove the legislature's authority to "regulate the wearing of arms with a view to prevent crime." As of this writing, that resolution had been assigned to the General Subcommittee of the Senate Judiciary Committee. It is not law and does not currently affect the Sec. 39-17-1307(g) framework.

Key citations

• Tenn. Code Sec. 39-17-1307(g) (permitless carry exception).
• Tenn. Code Sec. 39-17-1307(a) (underlying "intent to go armed" offense).
• Tenn. Code Sec. 39-17-1351 (enhanced handgun carry permit).
• Tenn. Code Sec. 39-17-1366 (concealed handgun carry permit).
• Tenn. Code Sec. 39-17-1309 (schools).
• Tenn. Code Sec. 39-17-1306 (judicial proceedings).
• Tenn. Code Sec. 39-17-1311 (government property; park carve-outs).
• Tenn. Code Sec. 39-17-1305 (alcohol-served premises).
• Tenn. Code Sec. 39-17-1359 (posted-notice signs).
• Tenn. Const. art. I, Sec. 26.
• 18 U.S.C. Sec. 922(g) (federal prohibited persons).
• 18 U.S.C. Sec. 922(q) (federal Gun-Free School Zones Act).
• 2021 Tenn. Pub. Acts, ch. 108 (original permitless carry; SB 765 / HB 786).
• 2024 Tenn. Pub. Acts, ch. 829 (extension to 18-20; HB 1005 / SB 1503).
• Beeler v. Long (Bruen-era federal challenge that drove the 18-20 extension).
• New York State Rifle and Pistol Association v. Bruen, 597 U.S. 1 (2022).