Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
This section covers Tennessee firearm rules that do not fit cleanly into the other sections of this guide: private sales, dealer transfers, ammunition rules, magazine capacity, antique and NFA-edge categories, juvenile sales prohibitions, mental-health prohibitor mechanics, civil immunity, enhanced penalties for using a firearm during a felony, hunting regulation, and the federal interplay that overlays everything. If a question does not belong in PERMIT_BASICS, CONSTITUTIONAL_CARRY, CONCEALED_CARRY, OPEN_CARRY, TRAINING_REQUIREMENTS, APPLICATION_PROCESS, FEES_COSTS, RENEWAL_PROCESS, PROHIBITED_PLACES, VEHICLE_CARRY, TRANSPORT, STORAGE, USE_OF_FORCE, CASTLE_DOCTRINE, DUTY_TO_INFORM, UNDER_INFLUENCE, RESTRICTIONS, NFA_ITEMS, RED_FLAG, PREEMPTION, RECIPROCITY, RESOURCES, or FAQ, the short answer is here.
Tennessee is a permissive firearms state. Much of what shows up in this catch-all is not regulated at the state level. The federal framework controls, or no rule applies at all. Where another section of this guide owns the operative state-law text, this section cross-references that section rather than duplicating it.
Tennessee does not require a background check for a private intrastate firearm sale between two Tennessee residents. There is no state registration of private transfers and no state recordkeeping mandate for the seller. The federal rules still apply on top of that silence:
For the operative Tennessee permit statutes (Enhanced and Concealed Handgun Carry Permits) and any ATF-recognized NICS-alternative status, see PERMIT_BASICS. The seller's federal-law duty under 922(d) is independent of the buyer's permit status.
Tennessee makes it a state offense for a juvenile (defined as a person less than eighteen years of age) to knowingly possess a handgun, and a separate state offense to provide a handgun to a juvenile. Two statutes, scraped verbatim, set the framework:
Tenn. Code 39-17-1319 ("Handgun possession prohibited - Exceptions"):
(a) As used in this section and Section 39-17-1320, unless the context otherwise requires:
(1) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches (12"); and
(2) "Juvenile" means any person less than eighteen (18) years of age.
(b) Except as provided in this section, it is an offense for a juvenile to knowingly possess a handgun.
Subsection (c) makes a first violation a delinquent act with up to one hundred (100) hours of community service and a one-year driver's-license suspension; a second or subsequent violation triggers one hundred to two hundred (100 to 200) hours and a two-year suspension. Any handgun illegally possessed under the section is confiscated under Tenn. Code 39-17-1317. Subsection (d) lists defenses, including attendance at a hunter's safety course, target shooting at an authorized range, hunting under a valid Title 70 license, adult-supervised instruction by a parent or guardian, possession on real property under the control of an adult who has consented, and possession at the juvenile's residence with parental permission when justified in using physical or deadly force.
Tenn. Code 39-17-1320 ("Providing handguns to juveniles - Penalties"):
(a) It is an offense for a person intentionally, knowingly or recklessly to provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile in violation of Section 39-17-1319.
(b) It is an offense for a parent or guardian intentionally, knowingly or recklessly to provide a handgun to a juvenile or permit a juvenile to possess a handgun, if the parent or guardian knows of a substantial risk that the juvenile will use a handgun to commit a felony.
(c) Unlawfully providing or permitting a juvenile to possess a handgun in violation of subsection (a) is a Class A misdemeanor and in violation of subsection (b) is a Class D felony.
Federal law layers on additional rules. 18 U.S.C. 922(b)(1) bars a federally licensed dealer from selling a handgun to a person under 21 and a long gun to a person under 18. 18 U.S.C. 922(x) bars private transfers of handguns and handgun ammunition to persons under 18 with narrow exceptions (parental consent for sporting use, ranch and farm operations, etc.).
For how Tennessee's constitutional-carry statute treats adults in the 18-to-20 age band and any recent legislative changes to the carry age floor, see CONSTITUTIONAL_CARRY. The practical asymmetry to keep in mind: an adult who is permitted to carry under state law in that age band still cannot be sold a handgun by a federally licensed dealer until age 21 under 922(b)(1). The lawful path to acquiring a handgun for an adult under 21 is a private intrastate sale, an inheritance, or a private gift from a person not otherwise prohibited from transferring it.
Federally licensed dealers in Tennessee run NICS checks through the Tennessee Bureau of Investigation's Tennessee Instant Check System (TICS). TBI is the state point of contact for the federal NICS check. For the canonical TBI background-checks page and the FFL appeal procedure, see RESOURCES.
The interaction between Tennessee permits and 27 C.F.R. 478.102(d) (the federal NICS-alternative rule for state permits) is addressed in PERMIT_BASICS. Whether any current Tennessee permit qualifies as a NICS alternative under ATF's published list, and what that means at the Form 4473 stage, is owned by that section.
Tennessee imposes no state-level ammunition restrictions. There is no ammunition background check, no caliber prohibition, no online-purchase restriction, no registration requirement for ammunition sales between Tennessee residents.
Federal law still applies:
The operative rule for instructors: in Tennessee, ammunition is treated like any other consumer good at the state level, but the federal prohibitor list applies to ammunition the same way it applies to firearms.
Tennessee has no state magazine capacity limit. Standard-capacity magazines (17, 20, 30 rounds and beyond) are lawful to own, carry, transfer, and use. Tennessee has no state assault-weapon law and no feature test for rifles.
Federal law at 18 U.S.C. 921(a)(16) defines "antique firearm" verbatim as follows:
(16) The term "antique firearm" means -
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica -
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.
Antique firearms so defined are not "firearms" under the Gun Control Act and are exempt from many federal rules (FFL transfer, NICS, etc.). Whether an antique firearm is also exempt from Tennessee's state-level prohibited-persons regime, and how Tennessee defines "firearm" in Title 39 Chapter 17 for state-charging purposes, is addressed in RESTRICTIONS. The federal exemption is not automatically a defense to a state charge; confirm against the current Tennessee Code before relying on it.
Suppressors, short-barreled rifles, short-barreled shotguns, machine guns, destructive devices, and any-other-weapons (AOWs) registered and lawfully transferred under the National Firearms Act (26 U.S.C. Chapter 53) are legal to possess in Tennessee. Tennessee does not impose any additional state-level NFA registration, tax, or permitting beyond federal law. The federal $200 transfer tax (or $5 for AOWs), ATF Form 4 or Form 1 approval, fingerprint cards, and CLEO notification are all federal rather than Tennessee requirements. See NFA_ITEMS for the full treatment.
Tennessee has a separate firearm-enhancement offense at Tenn. Code 39-17-1324 for possessing or employing a firearm during the commission or attempted commission of a "dangerous felony." Subsections (a), (b), and (e) read:
(a) It is an offense to possess a firearm or antique firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony.
(b) It is an offense to employ a firearm or antique firearm during the:
(1) Commission of a dangerous felony;
(2) Attempt to commit a dangerous felony;
(3) Flight or escape from the commission of a dangerous felony; or
(4) Flight or escape from the attempt to commit a dangerous felony.
...
(e)(1) A sentence imposed for a violation of subsection (a) or (b) shall be served consecutive to any other sentence the person is serving at the time of the offense or is sentenced to serve for conviction of the underlying dangerous felony.
The mandatory minimums are set out in subsections (g) and (h):
(g)(1) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum three-year sentence to the department of correction.
(g)(2) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum five-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction.
(h)(1) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum six-year sentence to the department of correction.
(h)(2) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum ten-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction.
Subsection (i) defines "dangerous felony" by enumeration, including attempted first- and second-degree murder, voluntary manslaughter, carjacking, especially aggravated and aggravated kidnapping, especially aggravated and aggravated burglary, especially aggravated and aggravated stalking, initiating the process to manufacture methamphetamine, and certain controlled-substance felonies under part 4 of the chapter. Subsection (j) raises the floor to a fifteen-year sentence with one hundred percent (100%) service for a person convicted under the section who has a prior conviction under the section. Charging strategy and the full enumerated list of qualifying offenses sit in RESTRICTIONS.
Tennessee provides immunity from civil liability under Tenn. Code 39-11-622 for a person whose use of force is justified under the listed self-defense, defense-of-others, defense-of-habitation, and related statutes. Subsection (a) reads:
(a) A person who uses force as permitted in Sections 39-11-611 - 39-11-614, Section 29-34-201, or Section 49-6-4107, is justified in using such force and is immune from civil liability for the use of such force, unless:
(1) The person against whom force was used is a law enforcement officer, as defined in Section 39-11-106 who:
(A) Was acting in the performance of the officer's official duties; and
(B) Identified the officer in accordance with any applicable law; or
(C) The person using force knew or reasonably should have known that the person was a law enforcement officer; or
(2) The force used by the person resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified.
Immunity is not automatic. It must be affirmatively raised. Subsection (d) lets the defendant assert it in a responsive pleading or by written motion; subsection (e) requires the court to hold an expedited hearing, places the initial burden on the defendant to fairly raise justified use of force, then shifts the burden to the plaintiff to demonstrate that civil liability is not barred. If the court dismisses the action on immunity grounds, subsection (f) is mandatory:
(f) If the court dismisses the civil action pursuant to subdivision (e)(5)(A) or otherwise determines that the defendant is entitled to immunity from civil liability under this section, the court shall award the defendant attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of the civil action.
For the substantive justification framework (when force, including deadly force, is permitted in defense of self, of others, or of habitation), see USE_OF_FORCE and CASTLE_DOCTRINE. Section 39-11-622 is the immunity overlay on top of that framework.
Tennessee mental-health emergency commitment proceedings are governed by Title 33, Chapter 6, Part 4. The threshold standard at Tenn. Code 33-6-403 is verbatim:
(a) IF AND ONLY IF:
(1) A person has a mental illness or serious emotional disturbance, AND
(2) The person poses an imminent substantial likelihood of serious harm under Section 33-6-501 because of the mental illness or serious emotional disturbance, AND
(3) The person needs care, training, or treatment because of the mental illness or serious emotional disturbance, AND
(4) All available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person,
THEN
(5) The person may be admitted and detained by a hospital or treatment resource for emergency diagnosis, evaluation, and treatment under this part.
Subsection (b) creates a rebuttable presumption that the standard is met when a person is charged with a felony or Class A misdemeanor and a court has found the person incompetent to stand trial due to mental illness, and that presumption can be overcome only by clear and convincing evidence that the person does not pose an imminent substantial likelihood of serious harm.
An adjudication of mental incompetency or an involuntary commitment under this Title 33 framework can trigger the federal prohibitor in 18 U.S.C. 922(g)(4), which prohibits any person "who has been adjudicated as a mental defective or has been committed to any mental institution" from possessing firearms or ammunition. The federal prohibition is permanent absent relief from disabilities through a federally recognized state procedure under 18 U.S.C. 925(c) or an equivalent state relief program recognized by ATF. Tennessee participates in the federal NICS Improvement Amendments Act reporting framework through TBI. For Tennessee's full state-level prohibitor analysis and any state-side relief procedure, see RESTRICTIONS and RED_FLAG.
The Tennessee Wildlife Resources Agency (TWRA) regulates hunting, including which firearms, calibers, and ammunition are legal for which species and seasons. Hunting questions about firearm type, magazine capacity in the field, and ammunition selection are answered by the TWRA guide for the relevant season, not by the carry statutes in Title 39 Chapter 17. For TWRA contact information and the current published hunting guide, see RESOURCES.
Tennessee does not impose a statutory mandatory firearm theft reporting requirement on private owners. Reporting a stolen firearm to local law enforcement is still strongly recommended: it creates a record that protects the owner if the firearm is later recovered in connection with a crime, and most homeowner and renter insurance policies require a police report before paying a claim.
Tennessee firearm law rests on two layers of constitutional protection. The Tennessee Constitution, art. I, sec. 26, provides: "That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime." That clause has been interpreted by the Tennessee Supreme Court for more than a century and grants the legislature regulatory authority while protecting the underlying right.
The Second Amendment to the U.S. Constitution, applied to the states through the Fourteenth Amendment per McDonald v. Chicago (2010), provides a federal floor. The current operative framework comes from D.C. v. Heller (2008), McDonald, N.Y. State Rifle and Pistol Association v. Bruen (2022), and United States v. Rahimi (2024). Bruen's "history and tradition" test is the operative methodology for any post-2022 Second Amendment challenge to a Tennessee firearm law.
The "going armed" framework that historically supported Tennessee's pre-2021 carry restrictions has been substantially superseded by Public Chapter 108 (2021) creating constitutional carry. The codified carry-without-permit provisions and the current state framework, including the eligible-person criteria and the carry age floor, are addressed in CONSTITUTIONAL_CARRY. Verify the current statute and any subsequent legislative changes against the Tennessee Code before relying on older case law.
Every Tennessee firearm question runs in parallel with federal law. The principal federal references:
When state and federal law conflict, federal law is the floor. Tennessee may grant more rights than federal law allows in some respects (private sales without background checks, no waiting period, no magazine cap), but state silence does not displace federal prohibition.
This section is silent on (1) Tennessee's discretionary firearm-related occupational licensing (private detectives, armed security officers) governed by the Department of Commerce and Insurance Private Protective Services rules, (2) federal prosecution policy in the three U.S. Attorney districts covering Tennessee, and (3) any specific local ordinance that survives Tennessee firearms preemption (such ordinances are rare; see PREEMPTION for the operative statute and consult the city or county code if a specific question arises). For those, go to the issuing agency or to RESOURCES.
Tennessee firearm statutes change every legislative session. Public Chapter 108 (2021) created constitutional carry, and the General Assembly has continued to amend Title 39, Chapter 17 in subsequent sessions. Verify any rule in this section against the current Tennessee Code and the Tennessee General Assembly bill tracker before relying on it; the canonical bill-tracker URL is maintained in RESOURCES.
View this topic on its own page: Tennessee Firearm Laws: Other Topics
Tennessee is a constitutional-carry state. Effective July 1, 2021, Public Chapter 108 (SB 765 / HB 786) added subsection (g) to Tenn. Code Section 39-17-1307, creating a statutory exception to the offense of unlawful carrying. Any adult who is lawfully in possession of a handgun and is lawfully present in a public place may carry that handgun openly or concealed without a permit. The exception was limited at first to age 21+ (and active or honorably discharged military age 18+). In 2024, the General Assembly extended permitless carry to all adults age 18+ through Public Chapter 829, codifying a settlement reached after the Beeler v. Long federal lawsuit.
Tennessee did not abolish its permit system. The state issues two parallel permits, both administered by the Tennessee Department of Safety and Homeland Security, Handgun Permit Unit in Nashville, statewide (not by county sheriffs). The Enhanced Handgun Carry Permit under Tenn. Code Section 39-17-1351 authorizes both open and concealed carry and ships with broader reciprocity. The Concealed Handgun Carry Permit under Tenn. Code Section 39-17-1366 authorizes concealed carry only, allows online training, and has narrower reciprocity. Both permits remain useful for the same reasons they were useful before constitutional carry: out-of-state reciprocity, the federal Gun-Free School Zones Act exemption, faster handgun purchases (the Enhanced Handgun Carry Permit is currently listed on the ATF's published NICS-alternative permit chart; the Concealed-only permit has historically NOT appeared on that chart, and a CHCP-only buyer should expect a NICS check - always verify against the current ATF Brady Permit Chart at atf.gov), and quicker resolution of a traffic-stop encounter.
Self-defense is governed by Tenn. Code Section 39-11-611 (codified Stand Your Ground), Section 39-11-616 (defense of residence and business), and Section 39-11-622 (civil and criminal immunity for justified force).
Under Section 39-17-1307(g), the permitless-carry exception applies if all of the following are true:
If any one of these conditions fails, the underlying offense of carrying with the intent to go armed under Section 39-17-1307(a) is still on the books, and the permitless-carry exception is unavailable as a defense. Constitutional-carry status also does not exempt the carrier from posted-property rules, location bans, or the federal felon-in-possession bar.
A separate point on terminology: Tennessee's statute draws an "exception," not a right unconnected to the permit system. The Tennessee Firearms Association and several practitioner sources note that the 2021 statute leaves seven specific conditions a carrier must meet, and the state has not extended that exception into every public place (state parks and greenways, for example, are not automatically covered for permitless carriers).
Tennessee offers a two-tier permit system. Both permits are still issued post-constitutional-carry, and both remain valuable for reciprocity and other practical reasons.
Effective March 28, 2024, Public Chapter 829 codified the Department of Safety's existing practice (started June 2023 after the Beeler v. Long settlement) of issuing permits to applicants 18 to 20. The Department's fiscal note reports it issued 802 permits to 18-20 year olds in calendar year 2024. The Giffords Law Center summary of the 2025 amendment notes that Tennessee statutorily lowered the eligibility age from 21 to 18 for both permit types.
Permit holders and constitutional carriers face the same place restrictions. The 2021 law was an "exception" to the unlawful-carry statute, not a wholesale repeal of where firearms can be carried.
Tennessee statute prohibits carry, for permit holders and permitless carriers alike, in:
State and national parks, state and national forests, Wildlife Management Areas, and roadside rest areas are accessible to enhanced-permit holders and to out-of-state permit holders whose permits Tennessee honors. They are not automatically accessible to permitless carriers under the Section 39-17-1307(g) exception.
Stand Your Ground (Section 39-11-611(b)). Tennessee imposes no duty to retreat anywhere the actor has a lawful right to be. The use of force, including deadly force, is justified when the actor reasonably believes it is immediately necessary to protect against another's use or attempted use of unlawful force, and (for deadly force) the actor reasonably believes deadly force is needed to protect against death, serious bodily injury, or the imminent commission of a serious felony.
Castle Doctrine (Sections 39-11-611 and 39-11-616). When force is used against a person unlawfully and forcibly entering the actor's residence, business, or occupied vehicle, the statute creates a presumption that the actor held a reasonable belief of imminent death or serious bodily injury. The presumption shifts the legal weight against the prosecution.
Immunity (Section 39-11-622). A person who uses justified force is immune from civil action and criminal prosecution. The immunity reaches both directly and as a basis for early dismissal of a civil suit. Lawyers in Tennessee routinely emphasize that immunity is a legal status to be asserted, not automatic, and that an arrest and prosecution can still occur before immunity is recognized.
Defense of others and property are addressed in Sections 39-11-612 (third persons), 39-11-613 (property), and 39-11-614 (devices to protect property).
Tennessee imposes no statutory duty on a permit holder or permitless carrier to volunteer to a law enforcement officer that they are armed. If asked, you must answer truthfully and produce your permit when carrying one. Many Tennessee instructors still recommend voluntary disclosure during traffic stops to defuse encounters, but the law does not require it.
Section 39-17-1314 preempts local firearm regulation. Counties and municipalities may not enact firearm ordinances that exceed state law, and existing ordinances are preempted. Limited statutory carve-outs allow some local rules at specific locations (for example, regulation of firearms in publicly owned buildings used for certain purposes), but they are narrow.
Section 39-17-1356 makes Tennessee handgun-carry-permit records confidential and exempt from most public-records requests. The Tennessee Attorney General has addressed this several times (for example, Op. 13-23), confirming the Department of Safety's authority to refuse general disclosure.
| Topic | Statute | Bottom Line |
|---|---|---|
| Permitless carry | Tenn. Code Sec. 39-17-1307(g) | Adults 18+ lawfully possessing a handgun, lawfully present in public, may carry without a permit |
| Enhanced permit | Tenn. Code Sec. 39-17-1351 | $100 fee, 8-year term, 8-hour in-person training, open or concealed |
| Concealed permit | Tenn. Code Sec. 39-17-1366 | $65 fee, 8-year term, online or in-person training (90+ minutes), concealed only |
| Issuing agency | Tenn. Code Sec. 39-17-1351; 39-17-1366 | Tennessee Department of Safety and Homeland Security (statewide) |
| Stand Your Ground | Tenn. Code Sec. 39-11-611 | No duty to retreat anywhere lawfully present |
| Castle Doctrine | Tenn. Code Sec. 39-11-611, 39-11-616 | Presumption of reasonable fear against unlawful forcible intruders |
| Civil/criminal immunity | Tenn. Code Sec. 39-11-622 | Immunity for justified force |
| Schools | Tenn. Code Sec. 39-17-1309 | Prohibited for all carriers (limited carve-outs) |
| Parks/public recreation | Tenn. Code Sec. 39-17-1311 | Enhanced-permit carve-out; restricted for permitless carriers |
| Alcohol-served premises | Tenn. Code Sec. 39-17-1305 | Carry allowed if not posted and carrier does not consume |
| Posted notice | Tenn. Code Sec. 39-17-1359 | Property owner posting bars entry while armed |
| Vehicle transport | Tenn. Code Sec. 39-17-1313 | Broad permission to keep firearm in personal vehicle |
| Preemption | Tenn. Code Sec. 39-17-1314 | Locals may not exceed state firearm law |
| Permit confidentiality | Tenn. Code Sec. 39-17-1356 | Permit records exempt from most public-records requests |
| Right to bear arms | Tenn. Const. art. I, Sec. 26 | State constitutional right, subject to legislative regulation to prevent crime |
This overview reflects Tennessee law as of May 2026. Specific permit applications, posted-property rules, and reciprocity tables change. Confirm with the Department of Safety and the Attorney General's office before acting on any rule that has changed in the last 90 days.
Tennessee is a permitless-carry state and also issues two flavors of handgun carry permits. Since July 1, 2021, any adult who can lawfully possess a handgun and is lawfully present somewhere may carry it openly or concealed without a permit under Tenn. Code Section 39-17-1307(g). The legal age for permitless carry was 21 until 2024, when Public Chapter 829 codified the age at 18 (the Department of Safety had already been issuing permits to 18-20 year olds since the Beeler v. Long settlement in 2023).
Even though no permit is required to carry inside Tennessee, most serious carriers still get one. A Tennessee permit is your only practical route to interstate reciprocity, exemption from the federal Gun-Free School Zones Act around K-12 property, and access to certain places (state and national parks, roadside rest areas, refreshment-served restaurants by way of cleaner statutory authority) where permitless carriers face thinner legal cover.
Tennessee offers two civilian permit types. Both are issued by the Tennessee Department of Safety and Homeland Security, Handgun Carry Permit Unit, not by county sheriffs. Both are valid for eight (8) years. Both require fingerprinting at a Driver Services Center (or upload through dl.safety.tn.gov if you have a Real ID compliant Tennessee driver license).
Enhanced Handgun Carry Permit (EHCP) under Tenn. Code Section 39-17-1351:
Concealed Handgun Carry Permit (CHCP) under Tenn. Code Section 39-17-1366 (Public Chapter 479, effective January 1, 2020):
Both permits get you the same card-sized credential listing your name, address, date of birth, physical description, photo, permit number, issuance date, and expiration date. You must keep the permit in your immediate possession when carrying in a location or manner that would otherwise be prohibited, and you must display it on a law enforcement officer's demand under those circumstances. Tennessee imposes no statutory duty to volunteer that you are armed during a stop.
You must be a Tennessee resident who is a U.S. citizen or lawful permanent resident, as defined by Tenn. Code Section 55-50-102. There is a narrow non-resident track for an 8-year Enhanced permit if you hold a current valid handgun permit in your home state and can prove you have been employed in Tennessee at least 30 hours per week for at least six consecutive months.
The minimum age is 18. Tenn. Code Section 39-17-1351(b) sets the floor at 21, except that an applicant who is at least 18 may apply if any of the following applies:
In addition, after the Department of Safety's settlement in Beeler v. Long (2023) and the 2024 legislation, Tennessee issues both EHCPs and CHCPs to applicants 18 and older without requiring military status. The Department's published FAQ now states the minimum age for a Tennessee Handgun Carry Permit is 18.
You must not be prohibited from possessing a firearm under Tenn. Code Section 39-17-1307(b), 18 U.S.C. 922(g), or any other state or federal law. Section 39-17-1351(c) requires the application to confirm, under oath, that the applicant:
A signed affirmation that you have read and understand current Tennessee handgun-carry law is also required. Lying on the application is the felony offense of perjury under Tenn. Code Section 39-16-702.
The process is the same for both permits, with the training requirement being the main differentiator:
Fees are non-refundable, and incomplete applications will not be processed. By statute, the Department must act within 90 days of a complete application.
If you move out of Tennessee, the permit is cancelled because residency is a continuing eligibility requirement under Section 39-17-1351 (with the narrow non-resident-employee exception noted above).
For an EHCP, Tenn. Code Section 39-17-1351(q)(2)(B) provides that a person who applies for renewal after the expiration date is treated under the ordinary renewal provisions of Section 39-17-1351(q)(1) "unless the permit has been expired for more than eight (8) years," and Section 39-17-1351(q)(2)(C) provides that an applicant whose EHCP "has been expired for more than eight (8) years" is, "for all purposes, considered a new applicant." Section 39-17-1351(m) similarly says no additional handgun safety course is required if the holder applies for renewal "within eight (8) years from the date of expiration." Tenn. Code Section 39-17-1351(q)(2)(A) lets you renew beginning six months before the expiration date on the face of the card. If the EHCP expires while a timely renewal is pending, Section 39-17-1351(q)(1) allows continued use of the expired permit until the Department approves or denies the renewal, provided you can show a receipt for the renewal application fee delivered to the Department before expiration. The renewal fee is $50. For the CHCP, Tenn. Code Section 39-17-1366(j) sets out the same six-month-before-expiration filing window, the same $50 renewal fee, and the same right to continue using an expired permit pending the Department's decision; the CHCP statute does not codify an explicit post-expiration grace period, so a CHCP holder whose permit has lapsed should consult the Department of Safety and the APPLICATION_PROCESS section before assuming renewal eligibility.
Tenn. Code Section 39-17-1307(g) provides a statutory exception to the carry-with-intent-to-go-armed offense. To rely on it, you must:
The state attorney general has emphasized that permitless carry under Section 39-17-1307(g) does not exempt the carrier from the federal Gun-Free School Zones Act (GFSZA) on or within 1,000 feet of K-12 grounds. A Tennessee EHCP or CHCP, as a state-issued permit involving a background check, qualifies the holder for the GFSZA's licensed-by-the-state exemption. Permitless carriers do not have that exemption and risk federal prosecution near schools unless one of the GFSZA's other exceptions (locked container in a vehicle, unloaded, etc.) applies. This is the single biggest practical reason a regular constitutional carrier should consider getting a permit anyway.
Permit holders and permitless carriers face the same state place restrictions: judicial proceedings, school grounds (with narrow EHCP carve-outs for some properties), public meetings of a governmental entity (subject to posted notice rules), most courthouses, places that have posted compliant "no firearms" signs, and others addressed in the dedicated prohibited-places section.
Permit-holder records held by the Department of Safety are not open public records. Tenn. Code Section 10-7-504(o)(1) makes the following "confidential, not open or available for public inspection" and provides they "shall not be released in any manner": (A) all information in any handgun carry permit application (including under Section 39-17-1351, Section 39-17-1365, or Section 39-17-1366), (B) information provided to or obtained by any state or federal agency in the course of investigating an applicant, and (C) any records relating to issuance, renewal, expiration, suspension, or revocation of a permit, or the result of any criminal history record check. Tenn. Code Section 10-7-504(o)(2) allows release to law enforcement for an investigation, prosecution, or validity check, or to a child support enforcement agency, but bars public disclosure outside criminal or child support proceedings. Tenn. Code Section 10-7-504(o)(3) lets a requester ask the Department to confirm whether a named person has a current Tennessee permit only if the request is supported by a judgment of conviction, criminal history report, order of protection, or similar official record indicating the named person is not eligible. Tenn. Code Section 10-7-504(o)(4) preserves release of the aggregate statistical reports authorized by Tenn. Code Section 39-17-1351(s) (issuances, denials, revocations, suspensions by age, gender, and ZIP code; program cost and revenue; violations; average processing time; plus statistics on incidents involving permit holders arrested for any offense).
| Topic | Enhanced (EHCP) | Concealed-only (CHCP) | Permitless |
|---|---|---|---|
| Statute | Tenn. Code Sec. 39-17-1351 | Tenn. Code Sec. 39-17-1366 | Tenn. Code Sec. 39-17-1307(g) |
| Open carry allowed | Yes | No | Yes |
| Concealed carry allowed | Yes | Yes | Yes |
| Minimum age | 18 (per Department) | 18 (per Department) | 18 |
| Application fee | $100 ($65 military) | $65 | n/a |
| Lifetime option | Yes, $300 ($265 military; free retired LEO) | No | n/a |
| Term | 8 years | 8 years | n/a |
| Renewal fee | $50 | $50 | n/a |
| Required training | 8-hour in-person handgun safety course | Department-approved course, statutory floor not less than 90 minutes (online/video accepted) or qualifying alternative | None |
| Background check | TBI + FBI; name-based recheck every 5 years (8-year and Lifetime) | TBI + FBI; name-based recheck every 4 years | None |
| Issuing agency | TN Dept. of Safety & Homeland Security | TN Dept. of Safety & Homeland Security | n/a |
| Federal GFSZA exemption (1,000 ft of K-12) | Yes | Yes | No |
| Carry into TN K-12 / universities | Limited; statutory carve-outs only | Prohibited | Prohibited |
| Out-of-state reciprocity | Broad | Narrower | Limited (only states that recognize permitless carriage) |
| Tennessee residency required | Yes (narrow non-resident employee track) | Yes | n/a |
The bottom line: even after constitutional carry, the Enhanced Handgun Carry Permit remains the strongest single credential a Tennessee carrier can hold. It costs $100 and an 8-hour class. It gets you interstate reciprocity, the GFSZA exemption, and the clean statutory authority for state and national park carry. It does not, however, let you skip the NICS check when buying a firearm from a Tennessee dealer; ATF treats neither Tennessee permit as a NICS-check alternative because state law requires a background check at every licensed-dealer sale. The Concealed-only permit is a cheaper, online-trainable middle ground for carriers who do not need broader reciprocity and never want to open carry. Permitless carry is real and lawful inside Tennessee, but it leaves you exposed near schools and offers no portability across state lines.
View this topic on its own page: Permit Basics
Tennessee gives you three separate legal pathways to carry a handgun concealed in public. You can carry without any permit at all under the permitless-carry exception at Tenn. Code Sec. 39-17-1307(g). You can carry under an enhanced handgun carry permit issued under Tenn. Code Sec. 39-17-1351, which allows both concealed and open carry and travels well in other states. Or you can carry under a concealed handgun carry permit issued under Tenn. Code Sec. 39-17-1366, which is concealed-only, cheaper, and uses an online training course. All three pathways exist side-by-side, and each carries its own eligibility rules, training requirements, and practical trade-offs.
The bottom line for most students: permitless carry covers day-to-day concealed carry inside Tennessee for qualifying adults 18 and older. A permit is still worth having for reciprocity, federal school-zone proximity, government-building access, and cleaner law-enforcement interactions. The concealed-only permit at Sec. 39-17-1366 is the cheapest formal-credential option; the enhanced permit at Sec. 39-17-1351 is the broader credential.
There is no separate Tennessee statute that prohibits concealed carry by itself. The underlying offense at Sec. 39-17-1307(a) is "carrying with intent to go armed," and it applies whether the firearm is openly displayed or concealed. The statute reads "whether openly or concealed" in every place where it describes prohibited carry. That means concealment is not the trigger. The trigger is carrying with intent to go armed without a qualifying exception, permit, or other lawful authority.
A first violation of Sec. 39-17-1307(a) is a Class C misdemeanor, punishable by up to 30 days in jail and a fine not to exceed $500. A second or subsequent violation is a Class B misdemeanor. A violation in a public place where another person is present can be charged as a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a fine up to $2,500. In addition, if the offender holds an enhanced or concealed handgun carry permit at the time of the violation, the Department of Safety may suspend the permit for three years.
The simplest route. If you are at least 18 years old, lawfully in possession of a handgun, and lawfully present in the place where you are carrying, you may carry that handgun openly OR concealed in public without any state permit. The exception was enacted as Public Chapter 108 of 2021, took effect July 1, 2021, and was extended to 18-20-year-olds by Public Chapter 829 of 2024 after the federal court ruling in Beeler v. Long.
What it covers: handguns only, carried by qualifying adults in places where they are lawfully present.
What it does not cover: long guns under Sec. 39-17-1307(g) (separate provisions govern long-gun open carry), prohibited persons, prohibited places, posted premises, schools, courthouses, federal buildings, or anything else outside the four corners of subsection (g).
See the Constitutional Carry section for the full treatment of who qualifies and where this pathway breaks down.
The broadest credential. Issued by the Tennessee Department of Safety and Homeland Security, Handgun Carry Permit Office. Lets you carry a handgun openly OR concealed, qualifies you for reciprocity in roughly 30-plus states, and triggers the federal Gun-Free School Zones Act exemption at 18 U.S.C. Sec. 922(q).
Headline requirements:
Fees and term:
Application steps:
The cheaper, concealed-only credential. Created by the legislature in 2019 as an alternative to the enhanced permit, primarily to give Tennessee residents who only need concealed carry inside Tennessee (and some reciprocity partners) a less-burdensome option. Issued by the Department of Safety.
Headline requirements:
Fees and term:
What the permit does:
Permit-card display:
For most Tennessee residents who carry only inside the state and only sometimes:
The Tennessee Firearms Association and most CCW instructors recommend the enhanced permit for any carrier who can sit through the 8-hour course and pay the extra $35.
Tennessee statutes do not define "concealed" in a single place. The practical definition that courts and law enforcement use is that a handgun is concealed when it is not visible to the casual observer in the ordinary course of life. A handgun under a jacket, inside a waistband under a shirt, in a pocket, in a purse or bag, or in an inside-waistband holster covered by clothing is concealed. A handgun in an exposed outside-waistband holster, visible to other people in the room, is openly carried.
Important consequence: if you are carrying under the concealed-only permit at Sec. 39-17-1366 and your cover garment rides up, the wind blows your jacket open, or someone clearly sees the firearm, you have not necessarily violated the statute. Tennessee tracks the "casual observer" test, not a strict-liability test for any momentary exposure. But repeated, deliberate, or prolonged exposure can convert your concealed carry into open carry and forfeit the permit's protection.
If you carry under permitless carry or the enhanced permit, this analysis is academic. Both pathways authorize open or concealed carry.
The eligibility rules for both permits double as the categorical bar on permitless carry. You may NOT carry a concealed handgun in Tennessee under any pathway if any of the following apply:
Possession of a firearm by a prohibited person is a separate offense at Sec. 39-17-1307(b) and is punishable as a Class E or Class C felony depending on the underlying disqualifier. Federal prosecution under 18 U.S.C. Sec. 922(g) is also routine.
Constitutional carriers and permit holders are subject to the same place restrictions, with limited exceptions for permit holders only. The full catalog is in the Prohibited Places section of this guide. For concealed-carry purposes, the highest-risk locations to know are:
Local governments may not impose additional firearms restrictions beyond what state law authorizes; the preemption statute at Sec. 39-17-1314 strips political subdivisions of authority to regulate firearm possession, transport, or storage except in narrow statutory carve-outs.
A handgun in your personal vehicle in Tennessee is allowed broadly:
Sec. 39-17-1313 was significantly broadened in 2014 and again in 2021 (to extend the parking-lot protection to permitless carriers). The current text applies the same protection to all three concealed-carry pathways.
Tennessee imposes NO statutory duty on a permit holder or permitless carrier to volunteer to law enforcement that they are armed during a stop. This is sometimes a surprise; Tennessee is in a minority among Southern states on this point.
Best practice taught by most Tennessee instructors: keep both hands visible, announce calmly that you are carrying, identify which side and method, and follow officer instructions exactly. The law does not require it, but it shortens the encounter.
Concealed handgun carry permits and enhanced handgun carry permits both follow similar renewal mechanics under Secs. 39-17-1366(j) and 39-17-1351(o). Headline points:
If you move out of state with a Tennessee permit, your permit remains valid until expiration, but Tennessee will not renew a permit for a non-resident.
The Tennessee Department of Safety publishes the current reciprocity list. Critical distinction for concealed-permit holders:
The reciprocity table in the Reciprocity section of this guide carries the latest published list.
| Pathway | Statute | Age | Training | Fee (initial) | Term | Concealed only? | Reciprocity |
|---|---|---|---|---|---|---|---|
| Permitless carry | Sec. 39-17-1307(g) | 18+ | None | $0 | Indefinite (statutory) | No (open or concealed) | None (does not travel) |
| Concealed permit | Sec. 39-17-1366 | 18+ | 90 min (online OK) | $65 | 8 years | Yes | Narrower |
| Enhanced permit | Sec. 39-17-1351 | 18+ | 8 hours in-person | $100 | 8 years (lifetime option) | No (open or concealed) | Broadest |
Use this table as a quick triage. Confirm the current statutory text, fee, and reciprocity status before counseling a student about any specific case.
View this topic on its own page: Concealed Carry in Tennessee
Open carry of a handgun is legal in Tennessee without a permit. Since July 1, 2021, any adult who is at least 21 (or 18 if active-duty military or honorably discharged) and who can lawfully possess a handgun may carry that handgun openly or concealed in public, with no state permit required. Tenn. Code § 39-17-1307(g). In March 2024, the legislature extended that authority to all adults 18 and older (Public Chapter 829, effective March 28, 2024). The same place restrictions that apply to permit holders apply to open carry.
For long guns (rifles and shotguns) the rule is different and more restrictive in practice. Tennessee does not authorize the open carry of loaded long guns in public the way it does for handguns. Long guns carried openly in public draw law enforcement attention and may run into other statutes (going armed, disorderly conduct, hunting-only carry on certain lands). Treat long-gun open carry as a hunting-and-transport activity, not a daily-carry option.
If you want broader location access (state and national parks, roadside rest areas, state forests, WMAs), you still need a permit. The two Tennessee permits, the Enhanced Handgun Carry Permit (§ 39-17-1351) and the Concealed Handgun Carry Permit (§ 39-17-1366), are different in this respect. Only the Enhanced permit authorizes open carry. The Concealed-only permit, by its statutory terms, does not.
Tennessee has three ways an adult can legally carry a handgun in public. Open carry is allowed on two of them and not on the third.
| Track | Open carry of a handgun? | Statute |
|---|---|---|
| Permitless (constitutional) carry | Yes, openly or concealed | § 39-17-1307(g) |
| Enhanced Handgun Carry Permit | Yes, openly or concealed | § 39-17-1351 |
| Concealed Handgun Carry Permit | No, concealed only | § 39-17-1366 |
The Concealed Handgun Carry Permit was created in 2019 as a lower-cost, shorter-training alternative. Education time can be as little as about 90 minutes via an approved online course, compared with the eight-hour in-person course required for the Enhanced permit. The trade-off is that the Concealed permit holder must keep the handgun concealed at all times and gets narrower out-of-state reciprocity.
If you carry under the permitless-carry exception, you have the same open-vs-concealed flexibility as an Enhanced permit holder, but the Concealed-only permit holder cannot use a permit to carry openly. A Concealed permit holder who wants to open-carry on a given day is relying on the permitless-carry exception in § 39-17-1307(g), not on the permit.
Under § 39-17-1307(g), you may open-carry a handgun without a permit if you meet all of the following:
Non-residents who are lawfully present in Tennessee and who meet these conditions may open-carry under the same rule. There is no residency requirement.
Open carry is unlawful for anyone barred from firearm possession. Under § 39-17-1307(b) and 18 U.S.C. § 922(g), this includes:
For this group, openly carrying a firearm is a separate criminal offense on top of any underlying federal prohibitor charge.
Open carry follows the same statutory off-limits map as concealed carry. The permitless-carry exception in § 39-17-1307(g) does not override these:
Property owners and businesses may bar firearms on their property regardless of the permit status of the carrier. § 39-17-1359 makes ignoring a compliant posted notice a separate offense.
Open carry is lawful in Tennessee but uncommon in daily public life. Two practical risk points come up repeatedly in the sources.
Increased police contact. The Memphis Police Department's permitless-carry guidance notes that more open carry has produced more 911 calls about armed individuals. The Tennessee Supreme Court has held that being armed in public, by itself, is not a basis for an investigative detention. But in practice, an open-carrier should expect more frequent voluntary citizen-police encounters and should be prepared to identify themselves if asked and to demonstrate compliance with § 39-17-1307(g) eligibility on the spot.
Going-armed / manner-of-carry issues. § 39-17-1307(b) still criminalizes carrying a firearm with the intent to go armed in a way that is not within the constitutional-carry or permit exceptions. Brandishing, waving the firearm, drawing it for non-defensive purposes, or carrying in a manner that appears threatening can convert lawful open carry into a § 39-17-1307(b) charge or an offense under aggravated-assault statutes. Sources caution to keep the handgun in a secure holster and to avoid handling the firearm in public except as needed.
Carrying while under the influence of alcohol or controlled substances is a separate offense regardless of open or concealed manner.
The 2021 permitless-carry law did not abolish the Enhanced or Concealed permits, and many Tennessee carriers still hold one. Key reasons that apply to open carriers:
Tennessee statute does not extend the broad permitless open-carry rule for handguns to long guns. The handgunlaw.us summary states that long guns "may only be carried unloaded" in the relevant out-of-home contexts, and the National Park Service Tennessee summary explains that open carry of a shotgun or rifle off the carrier's private property or out of their home is for hunting purposes. For practical day-to-day public carry, treat long guns as transport-only firearms outside of hunting, range, and similar lawful contexts. Carry them unloaded and cased when in public unless you are in a setting where loaded long-gun carry is plainly lawful (hunting in season, your own land, a range).
| Statute | What it does (open-carry angle) |
|---|---|
| § 39-17-1307(b) | Criminalizes carrying a firearm with intent to go armed (the general prohibition) |
| § 39-17-1307(g) | Permitless-carry exception authorizing open or concealed handgun carry for qualifying adults |
| § 39-17-1308 | Defenses to § 39-17-1307 (home, business, private property with consent) |
| § 39-17-1305 | Possession of firearm where alcohol is served on premises |
| § 39-17-1306 | Carrying weapons during judicial proceedings |
| § 39-17-1309 | Possession on school property |
| § 39-17-1311 | Possession on city/county/state-owned property and parks |
| § 39-17-1314 | State preemption of local firearm regulation |
| § 39-17-1351 | Enhanced Handgun Carry Permit (open + concealed) |
| § 39-17-1359 | Posting notice prohibiting weapons on premises (Class B misdemeanor for violation) |
| § 39-17-1366 | Concealed Handgun Carry Permit (concealed-only; does not authorize open carry) |
| § 39-17-1302 | Prohibited weapons (machine guns, SBRs, SBSs, destructive devices) |
View this topic on its own page: Open Carry Laws
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.
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:
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.
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:
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.
To carry under Sec. 39-17-1307(g), you must satisfy three statutory elements:
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):
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.
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.
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:
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.
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:
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.
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.
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:
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.
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.
View this topic on its own page: Constitutional Carry in Tennessee
Tennessee's permitless-carry exception at Tenn. Code Sec. 39-17-1307(g) and its two handgun-permit statutes (Sec. 39-17-1351 enhanced, Sec. 39-17-1366 concealed) all stop at the same hard categorical bans. None of them lets you carry a handgun into a school building, onto K-12 school grounds, into a court building during judicial proceedings, into a posted government building, or into a posted private property. The constitutional-carry exception in Sec. 39-17-1307(g) does NOT exempt the carrier from any place restriction; the place restrictions apply equally to permit holders and to permitless carriers.
The categorical bans that apply regardless of permit status are:
Tennessee bans firearms on K-12 school property under Sec. 39-17-1309. The ban covers:
The statutory text of Sec. 39-17-1309 itself defines "school property" broadly to include public and private K-12 facilities, the grounds of any such school, school buses, and any property in use by a school for an activity. An enhanced handgun carry permit does not, on its own, exempt the holder from Sec. 39-17-1309; the enumerated exceptions in subsection (e) are the only carve-outs. AG Opinion 22-02 specifically addresses the interplay between Sec. 39-17-1309, the vehicle carve-out at Sec. 39-17-1313, and the federal Gun-Free School Zones Act, and confirms that Tennessee's permitless-carry rule at Sec. 39-17-1307(g) does NOT create an exception to the school-property ban.
Statutory exceptions in Sec. 39-17-1309 are narrow:
Sec. 39-17-1313 lets a person store a firearm or ammunition in a privately owned motor vehicle while parked in any public or private parking area, "notwithstanding" any other law. This includes school parking lots. The conditions:
Under amendments effective in 2017, Sec. 39-17-1313 applies both to enhanced handgun carry permit holders and concealed handgun carry permit holders. The 2021 constitutional-carry amendment extended Sec. 39-17-1313(c) to "a person who has a valid enhanced handgun carry permit or concealed handgun carry permit or who lawfully carries a handgun pursuant to Sec. 39-17-1307(g)." A permitless carrier may therefore use the school-parking-lot vehicle carve-out on the same terms as a permit holder.
Important federal-law caveat: AG Opinion 22-02 reads Sec. 39-17-1313 as controlling the STATE-law analysis, but treats the federal Gun-Free School Zones Act at 18 U.S.C. Sec. 922(q) as a separate question. AG 22-02 specifically states that a person who carries a handgun without a permit under Sec. 39-17-1307(g) and stores a handgun in a vehicle on the grounds of a federally covered school risks federal prosecution unless an exception of the federal Act applies, and that Tennessee Code Annotated Sec. 39-17-1313 affords no protection when the transportation or storage of a firearm is prohibited by federal law. The federal GFSZA exempts state-permit holders within the issuing state but does NOT exempt permitless carriers. A constitutional-carry-only adult who stores a handgun in a vehicle in a K-12 school parking lot may be compliant with Tennessee law and still in violation of federal law.
Tennessee's college-campus rule is layered. The base prohibition is in Sec. 39-17-1309(b) and (c), which reach any property owned, operated, or in use by a college or university board of trustees, regents, or directors for the administration of any public or private educational institution. Sec. 39-17-1309(e) then enumerates the carve-outs:
Sec. 39-17-1306 prohibits the possession of a firearm in any room or area where judicial proceedings are in progress. A 2024 amendment authorizes a court to extend the prohibition to the entire court building or courtroom at all times by posting the statutory NO FIREARMS ALLOWED sign at all commonly used entrances. Effective dates: the new posting standard takes effect July 1, 2026; signage installed before that date is grandfathered if it clearly bans firearms and meets minimum sign-quality requirements.
A violation of Sec. 39-17-1306 is a Class E felony. That is a significant escalation from the misdemeanor framework that governs most other place violations. The exceptions for judges, court officers, and law enforcement are narrow.
AG Opinion 22-01 confirmed:
The Sec. 39-17-1359 posting framework does NOT apply to court buildings. Sec. 39-17-1306 is its own posted-notice regime, and a properly posted court building bans firearms regardless of permit status.
Sec. 39-17-1306 also covers meetings of the governing body of any city, county, town, municipality, or political subdivision while in session. This is in addition to the courthouse rule and applies even if the meeting is held outside a court building.
Sec. 39-17-1311(a) bans the possession or carrying of any weapon prohibited by Sec. 39-17-1302(a) (machine guns, short-barrel rifles and shotguns, and similar prohibited weapons) on the grounds of any public park, playground, civic center, or other building, facility, area, or property owned, used, or operated by any municipal, county, or state government for recreational purposes. The plain text of Sec. 39-17-1311(a) reaches "prohibited weapons" under Sec. 39-17-1302(a), not ordinary handguns.
Sec. 39-17-1311(b)(1)(H) then provides a permit-holder carve-out for handguns: a person who holds a valid enhanced handgun carry permit under Sec. 39-17-1351 OR a concealed handgun carry permit under Sec. 39-17-1366 may carry a handgun on or in a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place owned or operated by the state, a county, a municipality, or an instrumentality of any of them.
The carve-out has limits:
A violation of Sec. 39-17-1311 is a Class A misdemeanor (up to 11 months 29 days, fine up to $2,500). A 2025 panel ruling (Gun Owners Foundation v. Tennessee) struck down portions of Sec. 39-17-1311 as applied to constitutional carriers in parks; the litigation is ongoing. Confirm the status of any park-related prosecution against current case law before relying on the carve-out outside the permit context.
Sec. 39-17-1359(g) authorizes a state, county, or municipal entity to prohibit firearms in a government-owned or government-operated building only if all of the following are met:
Without metal detection or a security-officer-staffed screening point, a posted government building cannot bar a Tennessee enhanced or concealed handgun carry permit holder under Sec. 39-17-1359(g). The point of Sec. 39-17-1359(g) is to require real security infrastructure as the price of barring permit holders, not merely a sign.
Exceptions to Sec. 39-17-1359(g) (i.e., places where a sign alone IS sufficient, without the metal-detection or screening requirement):
In any of those categories, a properly posted sign is enough to ban firearms; no metal detection or security screening is required to enforce the ban against permit holders.
Any private property owner, manager, or person with lawful possession of the property may post the property to prohibit firearms under Sec. 39-17-1359. The statute prescribes the exact sign:
For a property that wishes to restrict only non-permit carry but allow permit-holders, the alternate sign uses "CONCEALED FIREARMS BY PERMIT ONLY" at the same minimum dimensions.
Signs must be posted in prominent locations including all entrances primarily used by persons entering the property and must be plainly visible to the average person entering the property. A duplicate sign in another language may be posted, but the English sign is required.
Violation of a Sec. 39-17-1359 posting is a Class B misdemeanor (up to 6 months in jail, fine up to $500). The ban applies equally to permit holders and to permitless carriers. A property owner may also revoke implied permission directly: refusing to leave after being told to do so is a separate criminal trespass offense.
Tennessee handles guns and alcohol through two interlocking rules. There is NOT a stand-alone "alcohol-served establishment" statute in Part 13; the Justia codes index assigns Sec. 39-17-1305 to "Prohibited firearm registries," not to alcohol carry. The operative framework is:
The "while consuming" rule. Sec. 39-17-1321 prohibits the possession of a handgun by any person while under the influence of alcohol, a controlled substance, or a controlled substance analogue. A violation is a Class A misdemeanor. The Tennessee Department of Safety FAQ and the consolidated TBI guidance both treat the broader phrase "while consuming alcohol in an establishment open to the public where alcohol is served for consumption on the premises" as falling within this rule. The rule applies whether or not the carrier holds a permit, and whether or not the establishment is posted. If you are drinking, you may not carry.
The establishment-served-alcohol rule. There is no separate Tennessee statute that, by itself, bars a non-consuming permit holder from possessing a handgun in an establishment that serves alcohol. The Sec. 39-17-1359 posting framework is what allows a bar, restaurant, or any other private establishment that serves alcohol to bar firearms. Under the combined framework as construed by the Department of Safety and TBI, a person may possess a handgun in an alcohol-served establishment if:
For a permitless carrier, the same two conditions apply: no posted notice, and no alcohol consumption while carrying. The Department of Safety FAQ specifically lists "consuming alcohol where authorized to serve" as a categorical prohibition for permitless carriers, which is the Sec. 39-17-1321 rule applied in the bar / restaurant setting.
Tennessee makes no statutory distinction between a "bar" and a "restaurant" for this purpose. The operative test is whether the establishment is posted under Sec. 39-17-1359 (which controls whether the carrier may enter armed) and whether the carrier is consuming alcohol or under the influence (which controls Sec. 39-17-1321 liability).
Federal law preempts Tennessee handgun law in the following categories, and a Tennessee permit does NOT cure the federal offense:
The federal GFSZA prohibits the possession of a firearm in or within 1,000 feet of the grounds of a K-12 school. The Act exempts:
That exemption protects a Tennessee enhanced or concealed handgun carry permit holder within Tennessee. It does NOT protect a Tennessee permitless carrier under Sec. 39-17-1307(g) who has no permit. A constitutional-carry-only adult walking past a K-12 school, or storing a firearm in a vehicle parked within 1,000 feet of a K-12 school but off school property, is potentially in violation of 18 U.S.C. Sec. 922(q). This is the single biggest practical reason for a permitless carrier in Tennessee to obtain a permit.
Tennessee does NOT have a categorical statutory ban on handgun possession in the following categories. Posted private-property notice under Sec. 39-17-1359 may still apply:
The general permit-holder park carve-out at Sec. 39-17-1311(b)(1)(H) applies to state parks, natural areas, historic parks, nature trails, campgrounds, forests, greenways, waterways, and wildlife management areas owned or operated by the state. Tennessee State Parks restaurants, lodges, and gift shops may post under Sec. 39-17-1359, and an Alcohol Use Permit area follows the alcohol-on-premises framework above. Tennessee Wildlife Resources Agency hunting regulations under Title 70 govern hunting-specific firearm rules and may impose additional restrictions (e.g., handgun caliber requirements, no firearms during archery-only seasons) that are distinct from the carry framework.
This point is the most-litigated misconception in Tennessee. The 2021 amendment that created Sec. 39-17-1307(g) is an exception to the unlawful-carry offense at Sec. 39-17-1307(a). It is NOT an exception to:
A constitutional carrier who walks into a posted business, a courthouse, a K-12 school, or a federal building is in exactly the same legal position as someone with no permit at all walking into the same place under pre-2021 law. The point of Sec. 39-17-1307(g) is to legalize routine carry in public, not to override the place-restriction framework.
| Place | Statute | Grade | Notes |
|---|---|---|---|
| Court building during judicial proceedings | Sec. 39-17-1306 | Class E felony | Posting requirements stricter as of July 1, 2026 |
| K-12 school property | Sec. 39-17-1309 | Class E felony (with weapon) or Class B misdemeanor (without intent) | Vehicle carve-out at Sec. 39-17-1313 |
| Public meeting in session | Sec. 39-17-1306 | Class E felony | Co-extensive with court-building rule |
| Public park / recreational property (no permit) | Sec. 39-17-1311 | Class A misdemeanor | Permit-holder carve-out in Sec. 39-17-1311(b)(1)(H) |
| Posted private property | Sec. 39-17-1359 | Class B misdemeanor | Sign must meet statutory format |
| Posted government building (with security) | Sec. 39-17-1359(g) | Class B misdemeanor | Metal detection or staffed screening required |
| Consuming alcohol or under the influence while armed | Sec. 39-17-1321 | Class A misdemeanor | Applies whether or not establishment is posted |
| Alcohol-served establishment, posted | Sec. 39-17-1359 | Class B misdemeanor | Posting framework applies the same as any other private property; no stand-alone alcohol-establishment statute |
| Federal facility | 18 U.S.C. Sec. 930 | Federal misdemeanor or felony (court) | No Tennessee permit defense |
| Federal school zone (1,000 ft) | 18 U.S.C. Sec. 922(q) | Federal felony, up to 5 years | TN permit holders exempt within TN; permitless carriers NOT exempt |
For a Tennessee handgun student, the conservative operating rule is:
Most Tennessee unlawful-carry prosecutions arise from one of three patterns: a posted-private-property sign that the carrier did not see, a school-zone proximity issue under federal law, or alcohol consumption while armed. Knowing the place framework defeats all three patterns before they happen.
View this topic on its own page: Prohibited Places in Tennessee
Tennessee gives you broad authority to keep a firearm in your car. If you lawfully possess the firearm and are in lawful possession of the vehicle, you may carry, transport, or store a handgun or long gun, loaded or unloaded, in your motor vehicle. You do not need a permit. The car does not need to be locked. The firearm does not need to be locked, cased, or unloaded. This is true whether you are a permit holder, a permitless constitutional carrier, or simply an adult who is not a federal or state prohibited person.
Two separate statutes do the work:
The two statutes overlap. Sec. 39-17-1307(e) is the general "any non-prohibited adult, any firearm, in their vehicle" rule. Sec. 39-17-1313 is the "what you can do in a parking lot, and how the firearm must be stored when you are not in the car" rule. Together they make Tennessee one of the most permissive vehicle-carry states in the country.
Sec. 39-17-1307(a) makes carrying a firearm with the intent to go armed an offense. The base offense is a Class C misdemeanor on a first violation; aggravated grading (Class A for a public place where another person is present, Class B for certain repeat/aggravated patterns) applies under § 39-17-1307(a)(2). Subsection (e) creates an exception when:
This exception applied long before constitutional carry. It is why Tennessee was effectively a vehicle-permitless-carry state even when on-foot carry required a permit. The statute reaches "a firearm, loaded firearm, or firearm ammunition" in a motor vehicle or boat. No concealment requirement, no locked-container requirement, no unloaded requirement.
Definition of motor vehicle. Sec. 39-17-1307(e) uses the meaning at Sec. 55-1-103: a self-propelled motor vehicle designed for use on public highways. Boats are governed by the same subsection. The exception does not extend to a motor vehicle owned or leased by an employer that has adopted a written policy prohibiting firearms inside that vehicle when the entity provides the vehicle to an employee for use during employment.
Prohibited persons are not protected. A felon, a person subject to a qualifying domestic violence misdemeanor under federal law, an unlawful drug user, a fugitive, an adjudicated mentally defective person, or any other person disqualified under 18 U.S.C. Sec. 922(g) cannot rely on Sec. 39-17-1307(e). Tennessee's vehicle-carry permission is not a workaround for the federal felon-in-possession bar.
Sec. 39-17-1313 was originally drafted as a parking-lot protection for permit holders. After constitutional carry took effect in 2021, the legislature amended it to cover anyone who lawfully carries a handgun under Sec. 39-17-1307(g). The current 2024 text covers three populations:
Any of those three categories may, unless expressly prohibited by federal law, transport and store a firearm or firearm ammunition in the person's motor vehicle while on or utilizing any public or private parking area if:
Two storage rules to memorize.
Definition of parking area. Under Sec. 39-17-1313(c)(2), a parking area is any property provided by a business entity, public or private employer, or property owner for invitees, customers, clients, or employees to park privately owned motor vehicles. The grounds of an owner-occupied or tenant-occupied single-family detached residence are not a "parking area" for this section.
Brief observation during loading or unloading. Sec. 39-17-1313(d) protects you if another person or security device happens to observe the firearm during the ordinary course of you securing it from observation. You do not violate the statute by briefly handling the firearm to put it away.
Civil liability shield. Sec. 39-17-1313(b) shields business entities, employers, and property owners from civil liability for damage, injury, death, or theft arising out of a firearm transported or stored in compliance with this section. Liability returns only if the property owner commits an offense involving the use of the stored firearm or intentionally solicits or procures the conduct causing the harm.
Sec. 39-17-1307(e) requires the person to be "in lawful possession of the motor vehicle." That language covers more than ownership:
Sec. 39-17-1309(c) makes it a Class B misdemeanor to possess a firearm on the campus, grounds, recreation area, athletic field, or other property of any public or private school. The statute carves out two scenarios that matter for drivers:
Federal Gun-Free School Zones Act caveat. Op. 22-02 also warns that the federal Gun-Free School Zones Act, 18 U.S.C. Sec. 922(q), is not displaced by Sec. 39-17-1313. The federal Act exempts persons licensed by the state in which the school is located to carry a firearm. A Tennessee enhanced or concealed permit holder is exempt. A permitless constitutional carrier under Sec. 39-17-1307(g) is not licensed and therefore risks federal prosecution under Sec. 922(q) when storing a handgun in a vehicle on or within 1,000 feet of school grounds, unless another federal exception applies.
Practical rule for the school parking lot. If you have a Tennessee enhanced or concealed handgun carry permit, you are protected under both state and federal law for storing a handgun in your locked, out-of-sight vehicle on K-12 school property. If you carry only under constitutional carry, Tennessee law shields you, but federal law does not, and you are exposed unless you stay 1,000 feet away from school grounds.
Sec. 39-17-1313 itself protects permit holders and constitutional carriers from local ordinances that would prohibit firearm storage in vehicles on private or public parking areas. Tennessee Code Sec. 50-1-312 extends that protection into employment law: an employer may not discharge or take adverse employment action against an employee who lawfully transports or stores a firearm or ammunition in the employee's privately owned vehicle in an employer parking area, when the firearm is stored in compliance with Sec. 39-17-1313.
The protection is for the employee's privately owned vehicle. It does not cover company cars. It does not let an employee bring the firearm out of the vehicle and into the workplace. It is a narrow rule that says your employer cannot fire you for keeping a firearm locked in your own car on the employer's lot.
The Attorney General's 2022 opinion (Op. 22-02) also addresses adverse action by schools: Sec. 49-7-163, Sec. 50-1-312, and Sec. 39-17-1314(g) prohibit schools from disciplining students, residents, or employees who store handguns in vehicles on school parking areas in compliance with Sec. 39-17-1313.
Sec. 39-17-1321 makes it a Class A misdemeanor to possess a handgun while under the influence of alcohol or any controlled substance, including in or about a motor vehicle. The Tennessee Department of Safety, in its public-safety guidance, treats this as an absolute bar: do not carry or transport a handgun if you are intoxicated. Tennessee's DUI statute (Tenn. Code Sec. 55-10-401 and Sec. 55-10-403) establishes intoxication for driving at a 0.08% BAC.
Common-sense translation: if you have been drinking and intend to drive, the safe approach is to unload the handgun and lock it out of sight in the trunk, glove box, or a locked container. A handgun on the seat or center console of a vehicle driven by an intoxicated person is a separate criminal exposure on top of the DUI charge.
The Sec. 39-17-1321 bar is broader than the Sec. 39-17-1305 alcohol-served-premises rule, which governs carry inside establishments that serve alcoholic beverages.
The federal Firearm Owners Protection Act, codified at 18 U.S.C. Sec. 926A, lets you transport an unloaded firearm through any state, regardless of that state's licensing rules, between two places where possession is lawful, if:
Sec. 926A is a defense in the destination or transit state, not an affirmative authorization to break Tennessee's storage rules in Tennessee. Inside Tennessee, Sec. 39-17-1307(e) and Sec. 39-17-1313 already permit loaded, accessible carry in your vehicle. Sec. 926A matters when you cross into a more restrictive state like New York, New Jersey, Illinois, or Maryland.
The Bureau of Alcohol, Tobacco, Firearms and Explosives proposed a rulemaking (RIN 1140-AA73) in May 2026 to clarify that incidental stops for fuel, food, lodging, vehicle maintenance, an emergency, or medical treatment are still "transport" within Sec. 926A. The comment period closes August 4, 2026. The proposal codifies what ATF has long advised informally and addresses gaps when a person is between modes of transportation.
The statute applies to "a firearm or firearm ammunition." Loaded magazines, loose rounds, and a firearm in a container are all covered by the same storage rule. A locked ammunition can in the trunk satisfies Sec. 39-17-1313 when you are not in the vehicle. The civil liability shield in subsection (b) also runs to ammunition.
Tennessee's definition of "firearm" in Title 39, Chapter 17, Part 13 is broad. It includes suppressors and destructive devices in addition to ordinary handguns and long guns. NFA items still must comply with federal law: a suppressor must remain registered, a short-barreled rifle or machine gun must have the required federal tax stamp, and federal interstate-transport rules under 18 U.S.C. Sec. 922(a)(4) and 27 CFR 478.28 govern transport of NFA items across state lines.
| Question | Answer | Citation |
|---|---|---|
| Do I need a Tennessee permit to carry a firearm in my car? | No. | Sec. 39-17-1307(e) |
| Must the firearm be unloaded? | No. | Sec. 39-17-1307(e) and Sec. 39-17-1313 |
| Must the firearm be locked or cased while I am in the car? | No. | Sec. 39-17-1307(e) |
| What if I park and leave the firearm? | It must be kept from ordinary observation AND locked in the trunk, glove box, interior of the vehicle, or a securely affixed container. | Sec. 39-17-1313(a)(2)(B) |
| What if someone sees me put it away? | No violation if the observation happens during the ordinary course of securing it. | Sec. 39-17-1313(d) |
| Can I store a handgun in my car parked on K-12 school property? | Yes under state law if Sec. 39-17-1313 storage requirements are met. Federal Gun-Free School Zones Act still applies to permitless carriers without a Tennessee permit. | Sec. 39-17-1309(c)(1)(B); Sec. 39-17-1313; TN AG Op. 22-02 |
| Can my employer ban firearms in my locked, privately owned car on their parking lot? | No (with limited exceptions). | Sec. 39-17-1313; Sec. 50-1-312 |
| Can my employer ban firearms in a company car they provide for work use? | Yes, if the entity has adopted a written policy. | Sec. 39-17-1307(e)(2)(B); Sec. 39-17-1313(c)(1) |
| Can I carry in my car while intoxicated? | No. Class A misdemeanor. | Sec. 39-17-1321 |
| Federal rule for crossing into a stricter state? | 18 U.S.C. Sec. 926A: unloaded, not accessible from passenger compartment, locked container if no separate trunk. | 18 U.S.C. Sec. 926A |
Tennessee's vehicle-carry rules are easy in the common case and trip people up only at the edges. Three rules cover almost every scenario:
The most common mistake is leaving the handgun visible on the passenger seat or dashboard of a parked car. That is a Sec. 39-17-1313 violation in any parking lot, even if the car is locked. Take five seconds, drop it in the glove box, and lock the vehicle. The civil-liability shield and the criminal-exemption rules both depend on that storage compliance.
View this topic on its own page: Carrying in Vehicles in Tennessee
Tennessee recognizes any other state's facially valid handgun permit, firearms permit, weapons permit, or license to carry a handgun while the holder is in Tennessee. The rule is codified at Tenn. Code Section 39-17-1351(r). It is unilateral: Tennessee honors every state's permit even if that state does not honor a Tennessee permit, and even if Tennessee has no written reciprocity agreement with that state. The non-resident must carry the permit on their person at all times while carrying the handgun in Tennessee, and must follow Tennessee law on where, when, and how a handgun may be carried (Sections 39-17-1305, 39-17-1306, 39-17-1309, 39-17-1359, and the rest of Title 39, Chapter 17, Part 13).
Outbound recognition is different. A Tennessee permit holder may carry in another state only to the extent that state recognizes the Tennessee permit. The two Tennessee civilian permits (the Enhanced Handgun Carry Permit under Tenn. Code Section 39-17-1351 and the Concealed Handgun Carry Permit under Tenn. Code Section 39-17-1366) do not have identical interstate footprints. The Enhanced permit has broader out-of-state recognition. Several states recognize the Enhanced and not the Concealed. Before you travel, check each destination state's published reciprocity list.
There is also a constitutional-carry overlay inside Tennessee. Under Tenn. Code Section 39-17-1307(g), Tennessee allows permitless handgun carry for adults age 18 and older who lawfully possess the handgun and are in a place where they are lawfully present. A non-resident lawfully present in Tennessee who meets those conditions may carry without any permit at all, subject to every prohibited-places and prohibited-persons rule on the Tennessee books. The cross-reference is in the CONSTITUTIONAL_CARRY section.
The operative statute is Tenn. Code Section 39-17-1351(r). Subdivision (r)(1) provides:
A facially valid handgun permit, firearms permit, weapons permit, or similar license issued by another state shall be valid in this state according to its terms and shall be treated as if it is a handgun permit issued under this section.
The Tennessee Department of Safety and Homeland Security, which administers the permit program, states the rule directly:
The state of Tennessee will recognize any state's valid permit or license, even if Tennessee does not have a written reciprocity agreement with that state, and even if that state does not recognize a Tennessee permit. Individuals must be in possession of the permit or license at all times such person carries a handgun in Tennessee.
For a visitor carrying under another state's permit in Tennessee, the legal effect is:
The "facially valid" framing matters. Tennessee accepts a permit that looks valid on its face: unexpired, unrevoked, issued by a state, in the carrier's name, with the carrier in possession. It does not adjudicate whether the issuing state's process was sufficient.
If you move to Tennessee, the reciprocity recognition does not last forever. Tenn. Code Section 39-17-1351(r)(2) requires a person with a handgun permit from another state who becomes a Tennessee resident to obtain a Tennessee handgun permit within six (6) months of establishing residency. The Department of Safety expresses the rule this way on its reciprocity page:
If a person with a handgun permit from another state decides to become a resident of Tennessee, such person must obtain a Tennessee handgun permit within six (6) months of establishing residency in Tennessee.
Two practical points for new residents:
There is also a non-resident-employee carve-out. If you live outside Tennessee but work in Tennessee full-time (30 hours per week) and have for at least six consecutive months, you may apply for a Tennessee permit using proof of out-of-state residency, proof of current employment in Tennessee, and your current home-state permit (Department of Safety apply page).
Tennessee issues two civilian permit types. They are not recognized identically.
Enhanced Handgun Carry Permit (EHCP) under Tenn. Code Section 39-17-1351. Created originally as the single "handgun carry permit" and renamed effective January 1, 2020 (Public Chapter 479 of 2019). Requires an 8-hour in-person handgun safety course with a Tennessee-certified instructor that includes classroom and live-fire range instruction. Authorizes both open and concealed carry inside Tennessee. The EHCP is the permit most states recognize when they recognize a Tennessee permit.
Concealed Handgun Carry Permit (CHCP) under Tenn. Code Section 39-17-1366. Created by Public Chapter 479 of 2019, effective January 1, 2020. Requires a department-approved firearms training course that may be delivered online or by video, conducted by a state-certified or NRA-certified firearms instructor, or satisfied by hunter safety, current or prior military service, current or prior law enforcement firearms training, or a prior Tennessee permit. Authorizes only concealed carry, not open carry. The CHCP is recognized by fewer states than the EHCP. Tennessee Firearms Association explicitly warns: "it is not honored in all the states that honor the enhanced permit."
The Department of Safety publishes a state-by-state reciprocity table at tn.gov/safety/tnhp/handgun/reciprocity.html (linked from the agency's "Reciprocity by State" PDF and XLSX). That table is the authoritative source for which state recognizes which Tennessee permit and on what terms. Reciprocity is fluid: states add and drop Tennessee, and Tennessee adds and drops written agreements, by statute or by Department determination.
A few representative outbound data points pulled from sister-state agency pages in the topic archive:
These are illustrative. Always verify against the destination state's official agency page and the Department of Safety reciprocity table the same week you travel.
Tenn. Code Section 39-17-1307(g) gives a permitless-carry exception to the general carry prohibition in subsection (a). The exception covers any person who is at least 18 years of age, lawfully possesses the handgun, and is in a place where they are lawfully present. The exception applies to anyone meeting those criteria, including a non-resident lawfully present in Tennessee. So a visitor from a state Tennessee does not formally have an agreement with, or a visitor whose home state does not issue carry permits at all, may still carry a handgun in Tennessee under constitutional carry, subject to Tennessee restrictions.
Three cautions:
See the CONSTITUTIONAL_CARRY section for the full statutory framework, the age history (Public Chapter 108 of 2021 set the age at 21 with an 18-and-older military carve-out; the age was effectively reduced to 18 in 2023-2024 by federal litigation and codified at 18 by Public Chapter 829 of 2024), and the qualified-defense mechanics.
Tennessee's recognition of an out-of-state permit, and Tennessee's own permit, are both subject to the federal prohibited-persons list at 18 U.S.C. Section 922(g). A person disqualified under federal law (convicted felon, person under a qualifying domestic-violence misdemeanor, fugitive from justice, unlawful user of a controlled substance, person committed to a mental institution, person under an active protection order, dishonorably discharged service member, person who has renounced U.S. citizenship, alien unlawfully present) is not lawfully carrying a handgun even with a facially valid out-of-state permit. The reciprocity statute confers no immunity from federal prohibition.
Tennessee permit holders are also subject to the Tenn. Code Section 39-17-1351(c) eligibility list, which mirrors most of 18 U.S.C. Section 922(g) and adds Tennessee-specific disqualifiers (active stalking conviction, DUI disqualifier under (c)(11), and the under-25 juvenile-adjudication bar at (c)(19) added by Public Chapter 1062 of 2024).
A handgun permit from any state, including Tennessee, does not authorize carry on premises that Tennessee law makes off-limits. The applicable rules are stated in detail in the PROHIBITED_PLACES section. The high-level list:
The VEHICLE_CARRY section covers Tennessee's transport rules under Section 39-17-1313 and 39-17-1322. Non-residents driving through Tennessee should also be aware of the federal interstate-transport safe harbor at 18 U.S.C. Section 926A (FOPA), which protects transport of a lawfully possessed firearm between two places where the carrier may lawfully possess it, in a locked container separated from ammunition, with continuous travel. FOPA is a federal preemption against state and local prosecution for transit; it is not a license to carry on arrival.
The Law Enforcement Officers Safety Act (LEOSA, 18 U.S.C. Sections 926B and 926C) is a separate federal layer that lets qualifying active and retired law enforcement officers carry concealed in any state subject to identification, qualification, and other conditions. LEOSA carriers in Tennessee remain subject to Tennessee location restrictions in Title 39, Chapter 17, Part 13 to the extent LEOSA preserves state-level place restrictions (LEOSA does not preempt state laws restricting carry on state and local government property or on private property under the property owner's authority).
Before relying on reciprocity, walk through these steps:
For active or retired sworn law enforcement, evaluate LEOSA as a parallel authority. LEOSA is independent of Tennessee permit reciprocity and may give broader interstate carry than a civilian Tennessee permit.
For each of the topics below, see the dedicated section:
If you carry in Tennessee under another state's permit, your safest assumption is that Tennessee state law governs the entire encounter from the moment you cross the state line. Your permit gets you in the door. Tennessee statutes decide what you can do once you are here.
View this topic on its own page: Reciprocity
Tennessee is a "stand your ground" state with a statutory castle-doctrine presumption and a separate civil-and-criminal immunity statute for people who act in justified self-defense. The core rule is at Tenn. Code Sec. 39-11-611. If you are not engaged in unlawful activity and you are in a place where you have a right to be, you have no duty to retreat before threatening or using force against another person, when and to the degree that you reasonably believe the force is immediately necessary to protect against that person's use or attempted use of unlawful force. You may use deadly force only when you reasonably believe there is an imminent danger of death or serious bodily injury, the danger is real or honestly believed to be real at the time, and the belief is founded on reasonable grounds. The same statute creates a presumption that a defender inside their residence, business, or occupied vehicle held a reasonable fear of imminent death or serious bodily injury when force is used against an unlawful, forcible intruder.
For students, the practical takeaway is shorter. You can stand your ground anywhere you are lawfully present. You can use deadly force only against a reasonably perceived imminent threat of death or serious bodily injury, never to protect property alone, and never if you provoked the encounter or were committing a felony or Class A misdemeanor at the time. If your use of force is justified, Tenn. Code Sec. 39-11-622 gives you a fast-track procedural shield against both criminal prosecution and civil suit.
Section 39-11-611(b) is the operative self-defense statute. It has two parts.
The non-deadly-force rule (subsection (b)(1)): "a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person 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." This codifies stand your ground for non-deadly force.
The deadly-force rule (subsection (b)(2)): the same no-retreat rule applies, with the added condition that the actor must have a reasonable belief that there is an imminent danger of death or serious bodily injury, and the danger creating that belief must be (A) real, (B) honestly believed to be real at the time, and (C) founded upon reasonable grounds. "Deadly force" is statutorily defined as "the use of force intended or likely to cause death or serious bodily injury." Tenn. Code Sec. 39-11-611(a)(4).
Four things to internalize before you teach this rule:
Tenn. Code Sec. 39-11-611(c) creates a presumption that aligns with what most students think of as the "castle doctrine," though the statute never uses that phrase. Any person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling, or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household, or a person visiting as an invited guest, when force is used against another person who has unlawfully and forcibly entered (or is attempting to do so) and the defender knew or had reason to believe that the entry was unlawful and forcible.
The statute defines the protected spaces broadly. "Dwelling" means "a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people." "Business" means "a commercial enterprise or establishment owned by a person as all or part of the person's livelihood or is under the owner's control," including interior and exterior premises. "Curtilage" means "the area surrounding a dwelling that is necessary, convenient and habitually used for family purposes and for those activities associated with the sanctity of a person's home." Sec. 39-11-611(a)(1), (3), (5).
The presumption does NOT apply if any of the following are true:
Practical line for students: the castle-doctrine presumption substitutes for the reasonable-belief and imminence elements when the entry is unlawful and forcible. Outside the home, business, or occupied vehicle, you still have to build the reasonable-belief case on the facts.
The statute applies the self-defense framework to defense of a third person. You may threaten or use force, including deadly force, to protect a third person when (1) under the circumstances as you reasonably believed them to be, you would be justified under Sec. 39-11-611 in using force to protect yourself against the unlawful force you reasonably believe to be threatening the third person, and (2) you reasonably believe that your intervention is immediately necessary to protect the third person. There is no separate "special relationship" requirement; the privilege is not limited to family.
Operational rule: when you step into someone else's fight, you stand in their shoes. If they would not have a valid self-defense claim (because they were the aggressor, or were engaged in unlawful activity, or had consented), you do not get one either by intervening.
Tennessee does not authorize the use of deadly force solely to protect property. The TACIR analysis of the protection-of-property statutes is unambiguous: "Deadly force is never justified solely to protect property. A person in lawful possession of real or personal property may threaten and use non-deadly force against another person when and to the degree that he or she reasonably believes the force is necessary to prevent or end that person's trespass or unlawful interference" with the property. That is the operative rule under Tenn. Code Sec. 39-11-614.
Tennessee law does carve out a narrow display-of-force privilege for defense of real property the actor lawfully owns, rents, or leases. Under Sec. 39-11-614(d), a person who threatens the use of deadly force, including by displaying a deadly weapon, against another who has unlawfully entered the person's real property and refuses to leave on request is presumed justified in doing so and may not be charged for the display or have the weapon confiscated. The presumption does not apply if the entrant had a right to be there, immediately identified themselves and stated a lawful reason, entered accidentally, or in certain other narrow circumstances.
A threat to use deadly force is not itself "use of deadly force" for purposes of Sec. 39-11-614, Sec. 39-11-615, or Sec. 39-11-616. This distinction matters in cases involving brandishing or weapon display: presenting a weapon is treated differently from firing it.
The bottom-line teaching point: never invoke "defense of property" as the sole basis for shooting. If the threat justifying deadly force exists, it is because of a threat to a person (you, your family, an invited guest), not because someone is trying to take your car or vandalize your garage.
Tennessee's stand-your-ground privilege has a substantial exception. The Tennessee Supreme Court resolved its scope in State v. Perrier, No. W2015-01642-SC-R11-CD (Tenn. Nov. 21, 2017).
The Court held two things:
In Perrier itself, the defendant who fired a handgun toward a group outside a Memphis convenience store was a convicted felon. Being a felon in possession of a firearm was independently unlawful activity, and the Court held it disqualified him from the no-retreat privilege.
Practical effect for instructors: any underlying firearm crime committed at the moment of the encounter (carrying in a posted location, carrying while intoxicated, possessing as a prohibited person, or carrying during commission of a dangerous felony under Sec. 39-17-1324) can strip you of stand your ground. You can still argue self-defense, but you take on the harder common-law version of it.
Tenn. Code Sec. 39-11-611(e) lists three categories where force is not justified at all:
In State v. Benson, 2020 Tenn. opinion, the Tennessee Supreme Court reinforced that a defendant who provoked or consented to the danger is not entitled to a self-defense jury instruction. The trial court has a gatekeeping role: it screens whether the proof "fairly raises" self-defense before instructing the jury. If the proof shows the defendant was the first aggressor or used disproportionate force, the court can refuse the instruction.
Teaching summary: starting the fight, agreeing to the fight, and resisting a known lawful police action are three independent ways to lose your self-defense claim.
The Tennessee deadly-force standard is a hybrid. Your belief in imminent death or serious bodily injury must be:
Sec. 39-11-611(b)(2)(A)-(C). This is the same three-part test TACIR has long described for the non-deadly version: (1) you reasonably believe you are threatened with imminent loss of life or serious bodily injury, (2) the danger creating that belief is real or honestly believed to be real at the time, and (3) the belief is founded on reasonable grounds.
What "imminent" means in practice: the threat must be about to happen, not speculative or remote. Tennessee courts treat "imminent" as a high bar. Past threats, future threats, and even angry words alone do not create the imminent danger element. A pointed weapon, a closing distance with a stated threat, or an ongoing forcible entry into your home will. The reasonableness of your belief is judged from your position at the moment, not with the perfect hindsight of a courtroom.
Two Tennessee statutes work together on immunity for justified force. Tenn. Code Sec. 39-11-622 is the criminal-code immunity provision (criminal prosecution + civil suit immunity, with the procedural pretrial-hearing framework described below). Tenn. Code Sec. 29-39-103 is the parallel civil-practice immunity provision, located in the Tennessee Civil Practice and Procedure title, which gives a defender separate civil-action immunity and an attorney-fee award when sued for use of justified force. Practitioners cite both statutes; relying only on Sec. 39-11-622 misses the civil-procedure hook that some plaintiffs' filings target.
Tennessee gives a defender who uses justified force immunity from criminal prosecution and from civil suit. The statute, expanded by the General Assembly in 2021, applies to use of force permitted by:
The immunity does NOT apply when the person against whom force was used was a law enforcement officer acting within the scope of official duties and the defender knew or reasonably should have known the entrant was a law enforcement officer. It also does not apply to a criminal prosecution related to the death or injury of an innocent bystander or other person against whom force was not justified.
On the criminal side, the statute imposes a probable-cause check before law enforcement may arrest, confiscate the weapon, or charge a defender. Law enforcement must conduct a full investigation, preserve evidence, and may not charge or arrest unless there is probable cause to believe both that the force used was unlawful and that there is not probable cause to believe the force was justified. A prosecutor faces a parallel obligation before commencing prosecution.
A defendant may raise a claim of justified use of force by submitting a written statement (a letter from the defendant or counsel addressed to the investigating officer, the district attorney general, or the clerk) and may move for a pretrial "justified use of force hearing" at least 90 days before trial. At the hearing, if the defendant raises a prima facie case that the force was justified, the burden shifts to the prosecution to prove by clear and convincing evidence that it was not. If the court finds the defendant immune, the criminal charges are dismissed and the defendant is entitled to attorney's fees, court costs, lost income, and litigation expenses.
On the civil side, the immunity defeats lawsuits arising from the "same facts or set of events" that gave rise to the justifiable force. A defendant served with a civil suit can file a motion to dismiss under Sec. 39-11-622; the court is directed to hold a hearing on an expedited timeline (the statute targets 40 days from motion to decision, with continuances permitted). If the court finds the use of force was justified, the lawsuit is dismissed and the defendant may recover attorney's fees, court costs, lost income, and expenses.
What students should remember: Sec. 39-11-622 is not a guarantee of acquittal. It is a structured procedural shield that gives you a pretrial off-ramp if your facts are clean. It does not extend to force against police acting in the line of duty, or to harm caused to innocent bystanders.
Sec. 39-11-620 governs when a law enforcement officer may use force, including deadly force, to effect an arrest. It is a separate framework. Civilians carrying for self-defense should not look to Sec. 39-11-620; it is irrelevant to the civilian use-of-force analysis. The relevant statutes for a CCW holder are Sec. 39-11-611 (self-defense), Sec. 39-11-612 (defense of others), Sec. 39-11-614 (defense of property, non-deadly only), Sec. 39-11-616 (use of device to protect property), and Sec. 39-11-622 (immunity).
Tennessee draws a deliberate line between threatening force and using force. A "threat to use deadly force, by itself, is not considered use of deadly force" for purposes of the property-defense and protective-device statutes. Sec. 39-11-614(c). That means displaying a firearm in a justified context, for example warning off a trespasser refusing to leave your property, is treated under the lower threat-of-force rules, not the deadly-force rules.
But unjustified display is its own offense. Tenn. Code Sec. 39-17-1307(b) (and related provisions) criminalize carrying or displaying a weapon with the intent to go armed in a manner intended to alarm others, and aggravated assault charges remain available when display is paired with threats. Pulling a gun without a self-defense, defense-of-others, or property-display privilege is not a free action. It can be charged as aggravated assault, reckless endangerment, or unlawful display.
Teaching frame: presentation of the firearm is itself "use of force" for legal purposes; it is only "less than deadly force" when the display fits inside a statutory privilege. If you cannot articulate the privilege, do not present the weapon.
A few features students sometimes ask about are not in Tennessee law:
| Statute | What it does |
|---|---|
| Tenn. Code Sec. 39-11-611 | Self-defense. No duty to retreat where lawfully present and not engaged in unlawful activity. Castle-doctrine presumption inside dwelling, business, or occupied vehicle. Aggressor and mutual-combat exclusions. |
| Tenn. Code Sec. 39-11-612 | Defense of third person. Same framework as self-defense, applied to protecting another. |
| Tenn. Code Sec. 39-11-613 | Protection of life or health (suicide/self-injury prevention). |
| Tenn. Code Sec. 39-11-614 | Defense of property. Non-deadly force only. Display-of-deadly-force privilege for refusing-to-leave trespassers on real property. |
| Tenn. Code Sec. 39-11-616 | Use of device to protect property. |
| Tenn. Code Sec. 39-11-620 | Use of deadly force by law enforcement officers. Civilians cannot invoke this. |
| Tenn. Code Sec. 39-11-622 | Civil and criminal immunity for justified force. Pretrial hearing mechanism. Fee-shifting on successful dismissal. Exceptions for force against law enforcement and harm to innocent bystanders. |
Students walking out of this section sometimes carry away the wrong lesson. Three corrections worth driving home:
The 2021 statutory expansion of immunity procedure (the pretrial hearing, the burden shift, the fee-shifting on dismissal) is recent. As of this writing, the Tennessee Court of Appeals has not produced a published interpretation of the civil-immunity hearing procedure under Sec. 39-11-622. Trial courts are still working out the operational details, including the scope of the "same facts or set of events" rule when a defender's force injures both an attacker and a third party. Confirm the current state of the law with counsel or with the Tennessee Department of Safety's most recent handgun-laws publication before relying on any specific procedural reading.
<!-- federal-context-block:added-2026-05-20 -->N.Y. State Rifle & Pistol Ass'n v. Bruen (2022) and United States v. Rahimi (2024). Bruen, 597 U.S. 1 (2022), established the historical-tradition test for Second Amendment claims. Rahimi, 602 U.S. ___ (2024), then applied Bruen to uphold the federal domestic-violence-restraining-order firearm prohibition at 18 U.S.C. § 922(g)(8), confirming that not every firearm disability fails Bruen's test. Practitioners advising on use of force or firearm-disability questions should be familiar with both cases.
View this topic on its own page: Use of Force Laws
Tennessee codifies BOTH stand-your-ground and the castle doctrine inside a single statute, Tenn. Code Sec. 39-11-611. Stand your ground means you have no duty to retreat before using force, including deadly force, anywhere you have a legal right to be, so long as you are not engaged in unlawful activity. The castle doctrine is a rebuttable presumption tucked into subsection (c): when an intruder unlawfully and forcibly enters your residence, business, dwelling, or occupied vehicle, the law presumes you held a reasonable fear of imminent death or serious bodily injury, which is the central element you would otherwise have to prove. Tenn. Code Sec. 39-11-622 gives you civil and criminal immunity if the use of force was justified under the statute.
The castle doctrine in Tennessee is a presumption, not a license. It does not authorize the use of deadly force to protect property. It does not let you use deadly force against a co-tenant, a child or grandchild, or a law enforcement officer acting in the line of duty. And the term "castle doctrine" never appears in the Tennessee Code itself. The doctrine is the operative effect of Sec. 39-11-611(c) combined with the defense-of-residence/business statute at Sec. 39-11-616.
Section 39-11-611 has two tracks. Track one is stand your ground (subsection (b)). Track two is the castle presumption (subsection (c)). They overlap but address different problems.
Track one: Stand Your Ground (Sec. 39-11-611(b)). A person who (1) is not engaged in conduct that would constitute a felony or Class A misdemeanor and (2) is in a place where the person has a right to be has no duty to retreat before threatening or using force against another. If the force is intended or likely to cause death or serious bodily injury, three further elements apply:
Note the "felony or Class A misdemeanor" gate. The Tennessee Supreme Court held in State v. Perrier that the phrase "not engaged in unlawful activity" is a condition on the privilege not to retreat, not a prerequisite for asserting self-defense generally. The trial judge (not the jury) makes the threshold determination by clear-and-convincing evidence whether the defendant was engaged in unlawful activity. If the defendant clears that threshold, the jury hears the no-duty-to-retreat instruction; if not, the older common-law retreat rule re-enters the picture for the underlying self-defense claim.
Track two: Castle Presumption (Sec. 39-11-611(c)). A person who uses force intended or likely to cause death or serious bodily injury within a residence, business, dwelling, or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household, or a person visiting as an invited guest, when:
The presumption is rebuttable. The state can negate it with evidence. But it shifts the burden in a meaningful way: the prosecution must produce evidence to disprove the reasonable-fear element rather than letting the defendant build it from scratch.
Section 39-11-611 supplies specific definitions for the four protected places. These definitions are narrower than everyday English and they matter at trial:
Practical consequences: a tent at a campsite qualifies as a dwelling. An invited guest at a friend's house gets the residence presumption. A boat or ATV not designed for public highways does NOT meet the vehicle definition. A non-motorized trailer is not a vehicle. An employee responsible for protecting a store can invoke the business presumption while at work.
The presumption fails in any of the following situations:
The first two exclusions matter most in real cases. Domestic disputes inside a shared residence routinely fall outside the castle presumption because the alleged intruder is also a lawful resident. Disputes between a parent and an adult child living at home likewise fall outside because the child or grandchild category strips the presumption.
Section 39-11-616 is the companion statute to the Sec. 39-11-611(c) presumption. It governs the substantive justification for using deadly force to protect a residence, business, or occupied vehicle from unlawful and forcible entry. The two work together: Sec. 39-11-616 is the substantive defense; Sec. 39-11-611(c) is the evidentiary presumption that supports it.
The general Tennessee rule is that deadly force may not be used solely to protect property. Sec. 39-11-614 (use of a mechanical device to protect property) explicitly bars deadly mechanical devices. You may rig a non-deadly device. You may not rig a spring gun. The exception is human-presence cases: if the threat is to a person inside the protected place, the defense-of-residence/business framework permits deadly force.
The Tennessee firearms-rights commentary is blunt about the limit: the castle doctrine "has nothing to do with your ability to protect your home, business, or property. The presumption only addresses whether the use of deadly force was justified to protect human life." You cannot lawfully shoot a fleeing burglar who poses no threat to a person inside.
Section 39-11-622 grants both civil and criminal immunity to a person who is justified in using force under Part 6 of Chapter 11. Two practical effects:
The exclusion for law enforcement carries over from Sec. 39-11-611: immunity does not run against an LEO acting in the line of duty.
The most litigated piece of Tennessee SYG is the "not engaged in unlawful activity" gate. Two appellate decisions frame the doctrine:
Practical guidance: the SYG no-retreat privilege is conditional. If you carry a handgun while committing any felony or Class A misdemeanor, you forfeit the privilege not to retreat. The substantive self-defense claim is not automatically lost, but the burden of avoidance returns.
Tennessee permits non-deadly force to terminate a trespass or to prevent or terminate unlawful interference with personal property. Sec. 39-11-614 governs use of a mechanical device to protect property: the device may be non-deadly only. Deadly force against trespass alone is unjustified. Tennessee state agency commentary frames the limit:
Tennessee defines "deadly force" broadly. Brandishing a firearm, knife, or club to threaten use IS treated as deadly force under the case law, even if no shot is fired. That means a homeowner who brandishes a firearm at a fleeing trespasser outside the dwelling can be charged with aggravated assault or reckless endangerment even though the encounter never produced an injury.
Tennessee imposes a three-part reasonable-fear test for deadly force under Sec. 39-11-611(b)(2):
"Imminent" means about to happen, not a remote or future threat. State guidance describes the standard as a "reasonable probability of danger," not a mere possibility. The reasonableness inquiry is fact-bound and is evaluated case by case at trial.
If you are carrying a handgun under Tennessee's constitutional-carry exception (Sec. 39-17-1307(g)) or under an enhanced or concealed permit (Secs. 39-17-1351, 39-17-1366), the substantive use-of-force rules in Secs. 39-11-611, 39-11-614, 39-11-616, and 39-11-622 apply to you the same way they apply to any other lawful possessor. Your carry status does NOT enlarge or shrink the castle or stand-your-ground rules. Two practical implications:
Self-defense in Tennessee is a general defense raised by the defendant. Once the defendant produces some admissible evidence supporting self-defense, the state must disprove it beyond a reasonable doubt. The Sec. 39-11-611(c) castle presumption operates on top of that framework: the presumption attaches to the reasonable-fear element if the entry elements are met, and the state must produce evidence sufficient to rebut it.
For motions to dismiss based on immunity under Sec. 39-11-622:
Source commentary in the Tennessee defense bar repeatedly flags the same misunderstandings:
A few areas of Tennessee castle-doctrine law remain unsettled in the available source archive:
| Element | Stand Your Ground (Sec. 39-11-611(b)) | Castle Presumption (Sec. 39-11-611(c)) |
|---|---|---|
| Where | Any place actor has a legal right to be | Residence, business, dwelling, or occupied vehicle |
| Duty to retreat | None, if not engaged in unlawful activity | None |
| Reasonable fear | Must prove imminent death / SBI / grave sexual abuse | Presumed when entry elements are met |
| Triggering act | Use or attempted use of unlawful force | Unlawful and forcible entry |
| Defeated by | Engaged in felony or Class A misdemeanor; not lawfully present | Co-tenant; child/grandchild; LEO line of duty; using protected place for unlawful purpose |
| Immunity | Sec. 39-11-622 (civil and criminal) | Sec. 39-11-622 (civil and criminal) |
View this topic on its own page: Castle Doctrine and Stand Your Ground in Tennessee
Tennessee has no statutory duty to inform a law enforcement officer that you are armed. Nothing in the Enhanced Handgun Carry Permit statute at Tenn. Code Sec. 39-17-1351, nothing in the Concealed Handgun Carry Permit statute at Tenn. Code Sec. 39-17-1366, and nothing in the permitless-carry exception at Tenn. Code Sec. 39-17-1307(g) requires a carrier to volunteer the presence of a firearm during a traffic stop, a Terry stop, or any other encounter with a law enforcement officer. That is true for enhanced-permit holders, concealed-only-permit holders, and constitutional carriers alike.
What the statutes do require is narrower. A permit holder carrying a handgun in a location or manner that would be unlawful without the permit must keep the permit in immediate possession and must display the permit on demand of a law enforcement officer. That is a display-on-demand rule, not a disclose-on-approach rule.
The bottom-line summary for a Tennessee student:
Handgunlaw.us, summarizing the Tennessee chapter, states the rule in one line: "Must Inform Officer Immediately: NO." The U.S. Concealed Carry Association state page for Tennessee states the rule the same way: "There is no duty to inform a law enforcement officer that you're carrying a concealed firearm in Tennessee."
Tennessee's encounter rules are written into the two permit statutes and the permitless-carry exception. None of them creates an affirmative disclosure duty.
Tenn. Code Sec. 39-17-1351 (Enhanced Handgun Carry Permit). Subsection (n)(1) is the only encounter rule in the enhanced-permit statute. As scraped from the Tennessee handgunlaw.us archive:
"The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun in a location or manner that would be prohibited if not for the person's status as an enhanced handgun carry permit holder and shall display the permit on demand of a law enforcement officer under such circumstances."
The duty is to have the permit and to display it on demand. Not to volunteer. The duty is also conditional: it attaches only when the carrier is in a location or manner that would be unlawful but for the permit. A carrier on private property where carry is lawful without a permit is not within the scope of subsection (n)(1) at all.
Tenn. Code Sec. 39-17-1366 (Concealed Handgun Carry Permit). Subsection (e) mirrors the enhanced-permit rule:
"The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun in a location or manner that [would be prohibited if not for the permit]..."
The same display-on-demand structure carries over to the concealed permit. The legislature wrote the same conditional production duty for both permit classes.
Tenn. Code Sec. 39-17-1307(g) (constitutional carry). The 2021 permitless-carry exception, codified at Sec. 39-17-1307(g) and extended to age 18+ in 2024 (Public Chapter 829), creates no disclosure duty at all. A constitutional carrier is not required to have a permit and is not required to volunteer the presence of a handgun.
Three features of this framework reinforce that Tennessee is structurally a no-duty state, not merely an "absence of provision" state:
A carrier who chooses to remain silent on the presence of a firearm during a traffic stop, while still complying with normal traffic-stop directives (license, registration, insurance, exit the vehicle if directed), is not violating any Tennessee statute.
The one statutory production duty that does exist applies to permit holders only and is triggered by an officer's demand.
What the rule covers. A permit holder carrying a handgun in a location or manner that would be prohibited without the permit must:
What "immediate possession" means. The statute is not statutorily defined, but practitioner sources read it as on the person or within reach (wallet, purse, glove box on the carrier's side of the vehicle). A permit locked in a home safe several miles away is not in immediate possession.
What "on demand" means. The duty is reactive. An officer who never asks generates no production duty. A carrier who is not asked is not obligated to produce.
What the rule does not cover. Subsection (n)(1) does not require the carrier to:
A permit holder who is not in a location or manner that would be unlawful without the permit (for example, on the carrier's own residential property, where carry is lawful for any non-prohibited adult under Sec. 39-17-1308) is not within Sec. 39-17-1351(n)(1)'s scope at all. The duty attaches to the permit-requiring posture, not to the permit holder's status as a permit holder.
The penalty for failure to display on demand is not separately spelled out in subsection (n)(1). Practitioner guidance treats the failure as a basis for citation under Sec. 39-17-1351 generally and as a possible ground for permit suspension or revocation by the Department of Safety. The carrier's status as a permit holder is, in any case, verifiable by the officer through the Department of Safety records system.
Tennessee does not require you to speak first. It does require you not to lie when you do speak.
Lying to an officer about the presence of a firearm carries separate criminal exposure. Tennessee's false-reports statute at Tenn. Code Sec. 39-16-502 makes it an offense to knowingly make a false statement to a law enforcement officer with the intent to obstruct an officer in the performance of an official function. A direct denial that there is a handgun in the vehicle, given to a question that the officer is lawfully entitled to ask, sits in the heartland of that exposure.
The risk surface for an oral falsehood also runs through:
The practical rule for a Tennessee student tracks the practical rule in every other no-duty state:
The bestlawhb.com Tennessee-traffic-stops summary, an attorney-authored secondary source in the topic archive, overstates the rule by writing that a carrier "must inform the officer that you are carrying a concealed weapon" and calling that "a legal requirement in Tennessee." That statement is not consistent with the underlying statutes scraped from handgunlaw.us, with the U.S. Concealed Carry Association Tennessee page, or with the Department of Safety's published guidance. Tennessee has no immediate-inform statute. The attorney source likely conflates best practice with statutory requirement. Treat the attorney-blog claim as practical advice, not law.
Tennessee has no statutory script for an armed traffic stop. Defensive-firearms instructors converge on the following procedure, which is consistent with the U.S. Concealed Carry Association's national seven-step guide and with the consensus of Tennessee instructors:
If you choose not to disclose, you have not violated any Tennessee statute. The risk is operational, not legal. Officer-safety reactions to a later discovery of a firearm are entirely an operational matter, but Tennessee law does not punish silence at the front of the encounter. The strong instructor consensus is to disclose anyway.
The encounter rules differ slightly between constitutional carriers and permit holders.
Constitutional carrier under Sec. 39-17-1307(g):
Permit holder under Sec. 39-17-1351 or Sec. 39-17-1366:
In practice, the difference matters most at a traffic stop. A permit holder asked to produce a driver's license will often produce the permit in the same motion. A constitutional carrier has nothing to produce and a corresponding higher reason to speak up if the officer's approach is going to result in disarmament or a search.
Tennessee's off-duty and retired-officer carry provisions sit in a separate part of the chapter and do not change the duty-to-inform analysis for civilian carriers.
Tenn. Code Sec. 39-17-1350 allows a current law enforcement officer, while off duty, to carry within the state subject to limited conditions and identification requirements. The statute is a categorical exemption for the officer, not a general duty-to-inform rule for civilian carriers. Attorney General opinions Op. 18-22 and Op. 09-030 address aspects of off-duty law enforcement carry but do not address or impose a civilian duty-to-inform obligation.
Federal Law Enforcement Officers Safety Act carriers, qualifying active officers under 18 U.S.C. Sec. 926B and qualifying retired or separated officers under 18 U.S.C. Sec. 926C, are exempt from state carry-licensing laws when the federal qualifications are met. LEOSA preempts state carry restrictions but does not impose any federal duty to inform. A LEOSA carrier in Tennessee has the same disclosure status as a Tennessee permit holder: no statutory duty to inform, display credentials on demand. Carry the LEOSA credential and the underlying agency ID (or, for retirees, the qualifying-officer ID and the most recent annual firearms-qualification certification) on the person.
State law does not govern at federal facilities or at federal checkpoints, where federal rules apply directly.
A federal officer's questions are not constrained by Tennessee statute. The Fifth Amendment still applies.
Tennessee's no-duty rule sits comfortably alongside most of its neighbors. A Tennessee carrier traveling outside Tennessee applies the destination state's rule, not Tennessee's.
| State | Duty to inform? | Authority |
|---|---|---|
| Tennessee | No. Display-on-demand only for permit holders. | Sec. 39-17-1351(n)(1); Sec. 39-17-1366(e) |
| Alabama | No. | Constitutional-carry state since 2023. |
| Georgia | No. | No statutory duty. |
| Kentucky | No. | No statutory duty. |
| Mississippi | No. | No statutory duty. |
| Arkansas | Yes (administrative rule). | Ark. Admin. Code 130.00.8-3-2(b) |
| Missouri | No. | No statutory duty. |
| Virginia | No. | No statutory duty. |
| North Carolina | Yes (immediately, when concealed-permit holder approached). | N.C. Gen. Stat. Ann. Sec. 14-415.11 |
A Tennessee permit holder driving into North Carolina or Arkansas is bound by those states' rules, not Tennessee's, the moment the carrier crosses the line.
| Question | Tennessee Rule | Authority |
|---|---|---|
| Volunteer that I am armed? | No. | No Tennessee statute imposes a proactive duty. |
| Have my permit in immediate possession while carrying in a permit-requiring location or manner? | Yes (permit holders). | Sec. 39-17-1351(n)(1); Sec. 39-17-1366(e) |
| Display the permit on demand of an officer? | Yes (permit holders, in permit-requiring circumstances). | Sec. 39-17-1351(n)(1); Sec. 39-17-1366(e) |
| Constitutional carrier required to volunteer or display anything? | No. | Sec. 39-17-1307(g) |
| Lie about the presence of a firearm? | No. Separate criminal exposure. | Sec. 39-16-502; Sec. 39-16-602 |
| Remain silent? | Yes. | U.S. Const. amend. V |
| Disclosure waive Fourth Amendment? | No. | U.S. Const. amend. IV |
| Same rule for traffic stops, Terry stops, doorstep encounters? | Yes. | No statute distinguishes them. |
| LEOSA add a federal duty to inform? | No. | 18 U.S.C. Sec. 926B; Sec. 926C |
| Federal facilities? | Federal rules govern; Sec. 39-17-1351 does not apply. | 18 U.S.C. Sec. 930 |
| Statute | Subject |
|---|---|
| Tenn. Code Sec. 39-17-1307(g) | Constitutional carry exception; no encounter duty |
| Tenn. Code Sec. 39-17-1351(n)(1) | Enhanced permit: immediate-possession and display-on-demand |
| Tenn. Code Sec. 39-17-1366(e) | Concealed permit: immediate-possession and display-on-demand |
| Tenn. Code Sec. 39-17-1350 | Off-duty law enforcement carry (separate framework) |
| Tenn. Code Sec. 39-16-502 | False reports / false statements to law enforcement |
| Tenn. Code Sec. 39-16-602 | Resisting stop, frisk, halt, arrest, or search |
| 18 U.S.C. Sec. 926B / Sec. 926C | LEOSA (active and retired) |
| 18 U.S.C. Sec. 930 | Firearms in federal facilities |
| U.S. Const. amend. IV | Search-and-seizure protections |
| U.S. Const. amend. V | Right against compelled self-incrimination |
| AG Op. 18-22; AG Op. 09-030 | Off-duty law enforcement carry under Sec. 39-17-1350 (not civilian duty-to-inform) |
This section reflects Tennessee law as of May 2026. Statutes and Department of Safety guidance change. Confirm current language with the Department of Safety and with the Tennessee Code Annotated before relying on any rule that has changed in the last 90 days.
View this topic on its own page: Tennessee Duty to Inform Law Enforcement
Tennessee has three carry options and three different training pictures.
If you want broad interstate reciprocity, the federal Gun-Free School Zones Act exemption, and the cleanest authority to carry in state and national parks and rest areas, the Enhanced permit is the credential to plan around. That means an 8-hour live-fire class with a TDOSHS-certified instructor at a TDOSHS-certified school. The Concealed-only permit's 90-minute online option is real and many Tennessee carriers use it. It is also the lowest-training permit Tennessee currently issues, and reciprocity is correspondingly narrower.
Issuing agency for all training certification (schools and instructors) is the Tennessee Department of Safety and Homeland Security (TDOSHS), Handgun Carry Permit Office, P.O. Box 23710, Nashville, TN 37202, (615) 687-2303.
Section 39-17-1351(e) is the statutory training mandate for the Enhanced permit. The applicant must submit proof of the successful completion of a department-approved handgun safety course that includes both classroom hours and firing range hours. The Department of Safety, by regulation, has set the course at a minimum of eight (8) hours and has spelled out the standardized content through the regulations at Tenn. Comp. R. & Regs. Chapter 1340-02-03 (Department of Safety Approved Enhanced Handgun Safety Program), most recently amended effective April 3, 2025.
The course must be taught at a department-certified Enhanced Handgun Safety School by a department-certified instructor (or by a full-time POST-certified law enforcement officer approved as a firearms instructor by the chief administrative officer of the officer's agency, conducting the course for that agency or a certified school). Attorneys who are not certified instructors may teach only the legal-liability and legal-aspects portion of the classroom block (Tenn. Comp. R. & Regs. 1340-02-03-.06(2)).
Under Section 39-17-1351(e), every department-approved course must include:
The Enhanced course is taught against a published curriculum standard. Schools may submit alternate materials, but only if approved by the Department before use (Tenn. Comp. R. & Regs. 1340-02-03-.03(2)).
To teach the Enhanced course, an instructor must, under Tenn. Comp. R. & Regs. 1340-02-03-.06 (as amended effective April 3, 2025):
Tennessee's instructor fee structure (effective with the April 3, 2025 rule revision) is $25.00 for the initial three-year instructor certificate. School certification is $50.00 for an initial one-year approval, conditioned on insurance.
The Department maintains a separate "Become an Instructor" page that lists application packets, the rules and regulations document, and required forms (Application for State Certified Handgun Instructor; Application for State Certified Training School; insurance certificate; permission letter from property owner if the applicant does not own the range or classroom; zoning approval). Out-of-state applicants seeking a Tennessee instructor certification must also provide a copy of their adult criminal history from their state of residence.
Section 39-17-1351(e) allows an applicant to skip both the classroom and the range components if, within five (5) years before applying, the applicant has:
A separate provision at Section 39-17-1351(y) waives the firing range portion only (the classroom is still required) for an applicant who is an active-duty service member or honorably discharged or retired U.S. armed forces veteran with a military occupational specialty, special qualification identifier, or rating identifying service in military police, special operations, or special forces, and who provides a certified copy of the DD-214 or other official proof.
Department guidance (the EHCP Training Requirements bulletin) also recognizes a list of current, valid out-of-state handgun permits as an alternative to taking the Tennessee course. As published by the Department, those states are: Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Illinois, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Texas, Washington D.C., and West Virginia. A current Tennessee Handgun Carry Permit (not suspended or revoked) also waives the course.
A hunter-education or hunter-safety certificate does not substitute for the Enhanced course. The hunter-education option appears in Section 39-17-1366 (the Concealed permit) but not in the Enhanced training statute.
Section 39-17-1351 does not put an expiration date on training completed under one of the recognized exemptions (POST, TLETA, security-guard registration, military, TDOC). For the standard 8-hour course, the application must include proof that the course was completed at a department-approved school. Schools are required to issue students a certificate of completion under Tenn. Comp. R. & Regs. 1340-02-03-.11.
You cannot file an Enhanced permit application without the training proof. The Department will not process an incomplete application.
The Concealed-only permit, created by Public Chapter 479 effective January 1, 2020, gives Tennessee residents a cheaper, shorter, online-accessible training path. The statute, Tenn. Code Section 39-17-1366(b)(4), requires the applicant to demonstrate competence with a handgun. The applicant may use any one of nine listed methods. Proof is a photocopy of a certificate of completion, an affidavit from the instructor, school, club, organization, or group that taught the course, or any other document showing completion of the course or class or the required experience (Section 39-17-1366(b)(4)(B)).
Under Section 39-17-1366(b)(4)(A), an applicant may demonstrate competence by:
Option 7 is the one most Concealed applicants use. It is the only path that explicitly authorizes an online, video, or electronic course, and the Department maintains a public list of approved third-party online vendors on the Handgun Carry Permit "Locate" page at tn.gov/safety/tnhp/handgun/locate.html.
Section 39-17-1366(l), implemented by Tenn. Comp. R. & Regs. 1340-02-06-.03 (online/electronic course general requirements), sets the floor for an approved CHCP course. The course or class curriculum must:
A course approved before October 1, 2023 may continue under its prior approval, and a person who obtained a Concealed permit before that date is not required to re-take the course.
Any safety or training course or class used as competence proof for the Concealed permit must have been completed no more than one (1) year prior to the application (Section 39-17-1366(b)(4)(A)). The 12-month clock does not apply to the experiential options (current military service, prior Tennessee carry license, completed law-enforcement firearms training), which are timeless by their own terms.
The Department's official "Firearms training accepted for the Conceal Carry Permit" bulletin (CCPTrainingRequirements.pdf) also lists a set of out-of-state handgun permits that satisfy the training requirement at any time: Arizona, Florida, Idaho, Iowa, Maine, Massachusetts, Montana, Nevada, Oregon, Utah, Virginia, Wisconsin, and Wyoming. A current, not-expired, valid permit or license from any of those states is accepted as proof of training without further documentation. (The lists for the Enhanced and Concealed permits are distinct, set by Department guidance, and updated independently. Confirm the current list on tn.gov before relying on either.)
Online CHCP vendors are not self-certifying. Under Section 39-17-1366(k)(3) the Department maintains, on its website, a list of third-party providers that conduct department-approved training courses or classes. To appear on that list a vendor must apply and show that its curriculum meets the Section 39-17-1366(l) and Rule 1340-02-06-.03 requirements above. The Department publishes the current list and updates it periodically. Currently approved Tennessee-recognized online courses include offerings from the USCCA, USA Training Academy, OnlineFirearmTraining.com, the Tennessee Concealed Coalition, and other vendors listed on the Handgun Carry Permit Locate page.
A certificate of completion from a non-approved online course is not valid proof of training for the Concealed permit. The Department will reject the application.
Tenn. Code Section 39-17-1307(g) imposes no training requirement. A person who qualifies for the permitless-carry exception (at least 18 years old, lawfully possessing the handgun, in a place where the person is lawfully present, and not disqualified by Section 39-17-1307(h) for stalking, certain DUI history, mental-health adjudication, or federal 18 U.S.C. 922(g) prohibitor) may carry openly or concealed without taking any class.
The trade-off is structural, not pedagogical. Permitless carriers do not get the federal Gun-Free School Zones Act exemption that a state-issued, background-checked permit provides. They also lose certain clean statutory authorities that follow permit possession (most notably the EHCP carve-out at Section 39-17-1311(e)(8) for state and local parks, natural areas, greenways, and similar public places). Training is optional under state law for constitutional carriers, but practical and federal-law exposure is a real reason to consider taking the EHCP course anyway.
Becoming a TDOSHS-certified handgun instructor is a separate licensing process under Tenn. Comp. R. & Regs. Chapter 1340-02-03 (Enhanced Handgun Safety Program). The path is summarized above under Enhanced Handgun Carry Permit training. The corresponding process for becoming a state-certified handgun safety school, or for submitting an online class for approval as Concealed Handgun Carry Permit training, runs through the same TDOSHS Handgun Safety School/Instructor office.
POST-certified law enforcement firearms instructors operate under a parallel regime through the Tennessee Peace Officer Standards and Training Commission (Tenn. Comp. R. & Regs. Chapter 1110-10). POST-certified instructors approved by their chief administrative officer may also teach the Enhanced course for their agency or a certified school under Tenn. Comp. R. & Regs. 1340-02-03-.02(12). They are not required to obtain a separate TDOSHS instructor certificate to do so.
The Tennessee Law Enforcement Training Academy in Donelson runs a Firearms Instructor School for POST-certified officers (see tn.gov/commerce/let/training-facilities-staff/training/firearms-instructor-school.html). That course is targeted at full-time POST-certified officers with at least five (5) years of service and prior completion of a POST-approved Instructor Development School. It is not a civilian credential.
A clean summary of the military pathways into a Tennessee Enhanced permit:
Military service alone (without a documented handgun-training component) is enough for the Concealed permit under Section 39-17-1366(b)(4)(A)(v). For the Enhanced permit it is not enough on its own; the four-hour handgun training threshold under (e)(4), or the (y) special-qualifications carve-out, is what matters.
Active-duty and honorably discharged military applicants also pay a reduced fee ($65 instead of $100 for the Enhanced application, and $265 instead of $300 for the Lifetime Enhanced application). The fee discount is independent of the training waiver and is governed by Section 39-17-1351 and the published TDOSHS fee schedule on the apply page.
| Path | Statute / Rule | Mandatory training | Mode | Live fire | Time limit before applying |
|---|---|---|---|---|---|
| Enhanced Handgun Carry Permit (EHCP) | Tenn. Code Sec. 39-17-1351(e); Tenn. Comp. R. & Regs. Chapter 1340-02-03 | Department-approved handgun safety course, at least 8 hours, classroom plus range | In-person, at TDOSHS-certified school, with TDOSHS-certified instructor | Yes (handgun) | Completion required before application; certificate submitted with application |
| EHCP, POST / TLETA / armed-guard / TDOC waiver | Sec. 39-17-1351(e)(1)-(3), (5) | None (waiver) | n/a | n/a | Credential earned within 5 years before application |
| EHCP, military 4-hour waiver | Sec. 39-17-1351(e)(4) | None (waiver) | n/a | n/a | No time limit; pre-service training counts |
| EHCP, range-only military waiver | Sec. 39-17-1351(y) | Classroom portion of course required | In-person classroom | No | DD-214 + qualifying MOS / SQI / rating |
| EHCP, out-of-state-permit waiver | Sec. 39-17-1351(e); TDOSHS EHCPTrainingRequirements bulletin | None (waiver) | n/a | n/a | Permit must be current and valid; 25-state list on tn.gov |
| Concealed Handgun Carry Permit (CHCP) | Tenn. Code Sec. 39-17-1366(b)(4), (l); Tenn. Comp. R. & Regs. 1340-02-06-.03 | Department-approved safety or training course, at least 90 minutes, with test and printable certificate | In-person, video, electronic, or online (vendor must be on the approved list at tn.gov/safety/tnhp/handgun/locate.html) | No | Course must be completed within 12 months before application |
| CHCP, hunter education option | Sec. 39-17-1366(b)(4)(A)(i) | TWRA-approved hunter education or hunter safety course (or similar from another state) | As approved by issuing agency | As required by course | Within 12 months before application |
| CHCP, military / prior-permit / LE waiver | Sec. 39-17-1366(b)(4)(A)(v), (vi), (viii) | None (waiver) | n/a | n/a | No time limit on listed experiential paths |
| CHCP, out-of-state-permit waiver | TDOSHS CCPTrainingRequirements bulletin | None (waiver) | n/a | n/a | Permit must be current and valid; 13-state list on tn.gov |
| Permitless / constitutional carry | Tenn. Code Sec. 39-17-1307(g) | None required by Tennessee statute | n/a | n/a | n/a |
| Become a TDOSHS-certified handgun instructor | Tenn. Comp. R. & Regs. 1340-02-03-.06 (eff. April 3, 2025) | At least 24 hours of department-approved instructor training; meet age 21, EHCP eligibility, and disqualifier-free criteria | Department-approved instructor course | Yes (handgun) | 3-year certificate; renew at least 30 days before expiration |
| Become a TDOSHS-certified handgun safety school | Tenn. Comp. R. & Regs. 1340-02-03-.03; -.04 | Department application + insurance + zoning + range/classroom permission | n/a | n/a | 1-year initial certification, renewable annually with current insurance |
The bottom line: the Enhanced course is 8 hours, in-person, with a live-fire qualification, taught by a state-certified instructor at a state-certified school, and is the only Tennessee training path that produces a broadly portable carry credential. The Concealed course is 90 minutes minimum, online is fine if the vendor is on the Department's approved list, but no live fire, narrower reciprocity, and never any open carry. Constitutional carry requires no training at all and gives you no portability across state lines or under the federal Gun-Free School Zones Act.
View this topic on its own page: Training Requirements
Tennessee handgun carry permits are issued by the Tennessee Department of Safety and Homeland Security, Handgun Carry Permit Unit (not by county sheriffs). You apply online through the state's Driver Services portal at dl.safety.tn.gov, complete the required training, then finish the transaction at a Driver Services Center (or fully online if you have a Real ID compliant Tennessee driver license). Fingerprints go to the Tennessee Bureau of Investigation (TBI) and the FBI for a background check, and if you clear the search the permit is mailed to you. The statute gives the Department of Safety up to ninety (90) days from receipt of a complete application to either issue the permit or notify you of a problem. Application fees are non-refundable. Incomplete applications will not be processed.
You must decide up front which permit you are applying for, because the training requirement, the fee, and the reciprocity footprint differ:
Constitutional carry under Tenn. Code Section 39-17-1307(g) does not eliminate either permit. If you want a permit for travel or for federal Gun-Free School Zones Act coverage, you still go through the application process below.
To be issued an EHCP under Section 39-17-1351(b) you must be a Tennessee resident who is a United States citizen or a lawful permanent resident as defined by Section 55-50-102. You must not be prohibited from possessing a firearm under Section 39-17-1307(b), 18 U.S.C. Section 922(g), or any other state or federal law. The CHCP under Section 39-17-1366(a) uses the same citizenship/residency rule and incorporates the EHCP eligibility list at Section 39-17-1351(b) and (c) by reference.
Age requirement (Section 39-17-1351(b)):
Following the federal court decision in Beeler v. Long and Public Chapter 829 (2024), the Department of Safety also processes permit applications from civilian residents who are 18 to 20. Confirm the current 18-20 policy with the Handgun Carry Permit Unit before applying because the statutory text still ties the under-21 path to military status.
You are disqualified if any of the following apply (Section 39-17-1351(c), incorporated for CHCP by Section 39-17-1366(b)(3)):
The application includes a perjury warning. Section 39-17-1351(c) requires the form to state in bold face directly above the signature line that an applicant who makes a false statement with intent to deceive commits the felony offense of perjury under Section 39-16-702.
If you are 18 or older, lawfully in possession of a handgun, and not otherwise prohibited, you may carry openly or concealed in Tennessee without applying at all under Section 39-17-1307(g). But a Tennessee permit is the only practical vehicle for interstate reciprocity, for the federal Gun-Free School Zones Act exemption, and for cleaner authority in some posted-premise and judicial-proceeding edge cases. Most carriers who travel still apply.
Tenn. Code Section 39-17-1351 fixes the EHCP application and processing fee at $100; Section 39-17-1366(b)(5) fixes the CHCP fee at $65. Lifetime EHCP and non-resident EHCP fees come from the same statutory framework. The military reduction is the long-standing Department of Safety policy under Section 39-17-1351, charging only the portion of the initial fee needed to fund the background check.
| Permit type | Standard fee | Military fee (active duty / honorably discharged) | Statutory basis |
|---|---|---|---|
| Enhanced Handgun Carry Permit (8-year) | $100 | $65 with valid active military ID or DD-214 | Section 39-17-1351 |
| Concealed Handgun Carry Permit (8-year) | $65 | (Department of Safety has not published a separate military reduction for the $65 CHCP fee.) | Section 39-17-1366(b)(5) |
| Lifetime Enhanced Handgun Carry Permit | $300 | $265 with active military ID or DD-214; $200 upgrade from existing 8-year EHCP | Section 39-17-1351 |
| Non-resident Enhanced Handgun Carry Permit (8-year) | $100 | $65 with active military ID or DD-214 | Section 39-17-1351 |
To use the military reduction, present your current active-duty military ID or your DD-214 showing an honorable discharge at filing.
Application fees are non-refundable. Incomplete applications will not be processed. A separate fee applies to a replacement (duplicate) permit card.
Permit-holder records are not generally public. Under Tenn. Code Section 39-17-1356, the Department's records identifying permit applicants and holders are confidential and exempt from most public disclosure. Limited disclosure to law enforcement, by court order, or to the permit holder is allowed.
| Item | Enhanced (EHCP) | Concealed (CHCP) |
|---|---|---|
| Statute | Tenn. Code Section 39-17-1351 | Tenn. Code Section 39-17-1366 |
| Application portal | dl.safety.tn.gov | dl.safety.tn.gov |
| Training | 8-hour in-person Tennessee-certified course | Department-approved course (online OK; alternatives in Section 39-17-1366(b)(4)) |
| Training validity window | Completed within 1 year before application | Completed within 1 year before application |
| Fee (standard) | $100 | $65 |
| Fee (military) | $65 | Not separately published |
| Fingerprints | Two full sets to TBI (live scan at IdentoGO or sheriff) | Two full sets to TBI (live scan at IdentoGO or sheriff) |
| Background check | TBI + FBI; sheriff reports within 30 days | TBI + FBI; sheriff reports within 30 days |
| Term | 8 years (or lifetime variant) | 8 years |
| Decision deadline | Within 90 days of complete application | Within 90 days of complete application |
| Carry authority | Open or concealed | Concealed only |
View this topic on its own page: Application Process
A Tennessee handgun carry permit (Enhanced under Tenn. Code Section 39-17-1351 or Concealed-only under Tenn. Code Section 39-17-1366) is good for eight (8) years. You renew it for $50 by submitting a sworn renewal application to the Tennessee Department of Safety and Homeland Security or, by statute, to the county clerk in your county of residence. You may begin renewing six (6) months before the expiration date printed on the permit, and you can still renew up to one full renewal cycle (eight years) after the permit has expired without going through a fresh application. No additional handgun safety course is required to renew within that window.
The Department mails a courtesy renewal notice, but the cardholder is responsible for renewing on time whether or not that notice arrives. The Lifetime Enhanced permit option (Tenn. Code Section 39-17-1351 et seq.) never expires and has no renewal at all, although the Department still re-runs a name-based criminal history check every five years.
Section 39-17-1351(q)(2) and Section 39-17-1366(j)(2) both authorize renewal beginning six (6) months prior to the expiration date on the face of the permit. The Department's online services portal (https://dl.safety.tn.gov) and the Department's FAQ confirm both ends of the window:
If your permit expired more than eight years ago, the online renewal option will not appear when you log in, and you must apply as a new applicant, including new training and the initial fee.
If you submit a complete renewal application before the expiration date and the Department (or county clerk) has not yet approved or denied it by the time your card expires, you may continue to use the expired permit. You must be able to display a receipt for the renewal application fee proving the renewal was filed before the original expiration date (Tenn. Code Sections 39-17-1351(q)(1) and 39-17-1366(j)(1), as amended by HB 543).
The renewal application is sworn under oath. You must certify that you still satisfy every eligibility requirement in Section 39-17-1351(c) (Enhanced) or Section 39-17-1366(b) (Concealed-only). The Department runs a fresh state and federal background check. A felony conviction, qualifying misdemeanor crime of domestic violence, disqualifying DUI history (two or more DUI convictions in any state in the prior 10 years, or one in the prior 5), adjudication as a mental defective, dishonorable discharge, or any other disqualifier listed in subsection (c) or (b) will defeat the renewal.
The Department also performs a name-based criminal history record check every four years between renewals on Enhanced permit holders and every five years on Concealed-only and Lifetime Enhanced holders, and may revoke the permit between renewal cycles if a disqualifying conviction is discovered.
The renewal application does not require you to affirmatively report mental-health treatment received during the prior permit term (the Tennessee Attorney General clarified this in Opinion No. 09-106), but you must still certify under oath that you currently satisfy the subsection (c)(10) mental-health eligibility requirement at the moment of renewal.
The Department offers three ways to renew. All three pay the same $50 statutory fee, plus a $4.00 administrative add-on if you use a county clerk office.
Tennessee statute (Section 39-17-1351(q)(1)) directs the Department to contract with county clerks to process renewals. As of the most recent fiscal note, 36 county clerks and 11 municipalities (47 local offices total) are authorized to accept renewal applications.
The Lifetime Enhanced Handgun Carry Permit is available only as an Enhanced (Section 39-17-1351) permit and not as a Concealed-only (Section 39-17-1366) permit. Its core renewal feature is that there is no renewal:
A Lifetime permit never expires. The Department re-runs a name-based criminal history record check every five (5) years, and the permit is revoked if a disqualifying conviction is discovered. Lifetime holders still must notify the Department of an address change within 60 days, and the underlying eligibility requirements (no disqualifying conviction, continued residency, etc.) keep running for life.
If you move at any point during your permit term, including a Lifetime permit, you are legally required to notify the Department of your new address within sixty (60) days (per the Department's online services notice). You can update your address through https://dl.safety.tn.gov. If you also hold a commercial driver license, address proof must be presented in person at a Driver Services Center. Your residential address must be a Tennessee address.
Failing to keep your address current can cause two practical problems: (1) the Department's renewal courtesy notice will be mailed to the wrong place, and (2) the address printed on your permit will not match the Tennessee residence you must continue to maintain to keep the permit valid.
You can still renew without retraining as long as you are within eight (8) years past the expiration date. Use the same online, Driver Services Center, or county clerk renewal path described above. Tennessee imposes no statutory penalty fee in Section 39-17-1351(q) or Section 39-17-1366(j) for renewing late within that eight-year window.
If your permit expired more than eight years ago, you no longer qualify for renewal. You must apply as a new applicant, which means:
While your permit is expired and not yet renewed, you cannot rely on it to carry in a location or manner that would otherwise require a permit. Tennessee constitutional carry under Section 39-17-1307(g) is still available to qualifying adults, but without a current permit you lose the federal Gun-Free School Zones Act exemption, interstate reciprocity, and certain in-state place authorities that flow only from holding a permit.
| Item | Enhanced (EHCP) | Concealed-only (CHCP) | Lifetime Enhanced |
|---|---|---|---|
| Statute | Tenn. Code Sec. 39-17-1351 | Tenn. Code Sec. 39-17-1366 | Tenn. Code Sec. 39-17-1351 (Lifetime variant) |
| Term | 8 years | 8 years | Lifetime |
| Renewal fee | $50 | $50 | None (no renewal) |
| County clerk surcharge | $4.00 if used | $4.00 if used | n/a |
| Earliest renewal | 6 months before expiration | 6 months before expiration | n/a |
| Latest renewal without retraining | 8 years after expiration | 8 years after expiration | n/a |
| Training required to renew | No | No | n/a |
| New fingerprints required | No | No | n/a |
| Periodic background check | Every 4 years (name-based) | Every 5 years (name-based) | Every 5 years (name-based) |
| Address change duty | Within 60 days | Within 60 days | Within 60 days |
| Online renewal | Yes, dl.safety.tn.gov | Yes, dl.safety.tn.gov | n/a |
The bottom line: a Tennessee handgun carry permit renews every eight years for $50, with no retraining, no new fingerprints, and a six-month early window plus an eight-year late grace period. The Lifetime Enhanced option eliminates renewal entirely for an upfront $300 ($200 if upgrading from an 8-year Enhanced) at the cost of a five-year background recheck cycle. Renewal eligibility is rechecked under oath each cycle: a felony, domestic-violence conviction, disqualifying DUI history, or other Section 39-17-1351(c) or Section 39-17-1366(b) disqualifier that arises mid-term will defeat the renewal.
View this topic on its own page: Renewal Process
Tennessee runs a two-track permit system with separate fee schedules, and constitutional carry on top with no fee at all.
All fees go to the Tennessee Department of Safety and Homeland Security, which issues both the Enhanced permit under Tenn. Code Sec. 39-17-1351 and the Concealed permit under Tenn. Code Sec. 39-17-1366. There is no county-sheriff filing fee in Tennessee; the sheriff receives an internal $15 cut of the application fee from the department, but the applicant pays the state.
If you are choosing between permits on price alone: the CCP is $35 cheaper to start, but it limits you to concealed carry, restricts your reciprocity, and bars carry at any public or private school or university. The Enhanced is more expensive but is the full-reciprocity vehicle and is required for any open carry under a permit. See PERMIT_BASICS and RECIPROCITY for the trade-off.
Tenn. Code Sec. 39-17-1351 governs the Enhanced permit. The current schedule, after years of amendments through Public Chapter No. 1101 (2018), Public Chapter No. 479 (2019), and Public Chapter No. 1000 (2022), is:
The Department of Safety's published fee table at tn.gov/safety/tnhp/handgun/permitfees.html confirms each figure. The fee is the same whether you submit online through the Tennessee Department of Safety's portal or in person at a Driver Services Center. Tennessee permits run on an 8-year cycle (the standard cycle since the 2018 reforms), measured from the date of issuance.
Of the $100 application fee, the department distributes $52.15 to the Tennessee Bureau of Investigation (TBI) for the criminal-history records check and systems maintenance and $15.00 to the sheriff of the applicant's county of residence under Tenn. Code Sec. 39-17-1351(p)(3), with the remaining $32.85 retained by the Handgun Permit Division for administrative costs. Those distribution amounts come from the most recent Department of Safety fiscal note (FY24-25 and FY26-27), which aggregates the per-application TBI total at $52.15 ($12.00 remitted to the FBI for the national check, $13.15 to the fingerprint vendor, and the balance retained by TBI for state background-check operations and database upkeep). An earlier fiscal note from the PC 1000 (2022) era itemized the TBI portion differently: $15.00 for TBI database maintenance plus $31.15 for TBI fingerprint and FBI checks, for a $46.15 TBI total, $15.00 to the sheriff, and $38.85 retained by HPD. The applicant in either case pays a single $100 to the department, not three separate line items; only the internal allocation between TBI and HPD shifted between fiscal cycles.
Tenn. Code Sec. 39-17-1366, added by 2019 Public Chapter No. 479, created the concealed-only permit. The statute sets the fees directly:
The lower $65 ceiling is established in the statute itself, not in a regulation. The CCP is processed on the same online portal as the Enhanced permit and uses the same Driver Services Center fingerprinting workflow; the only difference is which training certificate you upload (an online 90-minute CCP course satisfies Sec. 39-17-1366; the Enhanced permit requires an 8-hour in-person course under Sec. 39-17-1351(a)(2) and Rule 1340-02-03).
Tenn. Code Sec. 39-17-1351(x) authorizes a Lifetime Enhanced permit. As of the current Department of Safety fee schedule:
A Lifetime Enhanced permit does not expire. The department conducts a name-based criminal-history records check every five years and revokes the permit if a disqualifying conviction surfaces. There is no recurring fee to the holder for those background checks.
Public Chapter No. 396 (2019), codified at Tenn. Code Sec. 39-17-1351(x)(5), waives the application fee entirely for a Lifetime Enhanced permit if the applicant:
The applicant must submit form SF-1551 (Verification of Retired Police Officer for Lifetime Handgun Carry Permit), or a letter from the agency on letterhead certifying years of service and retirement in good standing.
Public Chapter No. 866 (May 18, 2014) directs the Department of Safety to charge a qualifying military applicant for an Enhanced Handgun Carry Permit "only that portion of the initial enhanced handgun carry permit application fee that is necessary to conduct the required criminal history record check." The department implements this at:
To claim the discount, the applicant must provide one of:
The military discount does not waive the training requirement. Active and discharged service members must still complete the 8-hour course or qualify for the statutory military training exemption under Tenn. Code Sec. 39-17-1351(b)(1) and (c)(15).
A replacement (duplicate) permit card is $5.00 for any permit type, paid to the Department of Safety. The duplicate fee covers loss, damage, or change of name or address. Checks are accepted for duplicates, unlike for original applications.
Tenn. Code Sec. 39-17-1307(g), enacted by Public Chapter No. 108 (2021), authorizes any person at least 21 years of age (or 18 to 20 for honorably discharged or active-duty military) who is lawfully in possession of a handgun to carry it openly or concealed in public without a permit, subject to the same place restrictions that apply to permit holders. Subsequent 2024 legislation lowered the carry age and the Enhanced, Lifetime Enhanced, and Concealed permit application age from 21 to 18, consistent with Sixth Circuit litigation over Tennessee's age limits; see CONSTITUTIONAL_CARRY for the full statutory and litigation history.
There is no application, no fingerprinting, no training requirement, and no fee for constitutional carry under Sec. 39-17-1307(g). Constitutional carry status does not exempt the carrier from felon-in-possession bars, age requirements, or place restrictions at Sec. 39-17-1306 (judicial proceedings), Sec. 39-17-1309 (schools), Sec. 39-17-1311 (city/county/state property), Sec. 39-17-1305 (alcohol-served premises), or posted properties under Sec. 39-17-1359. See PROHIBITED_PLACES.
The trade-off for paying for a permit anyway is the federal Gun-Free School Zones Act exemption under 18 U.S.C. Sec. 922(q), reciprocity in other states (see RECIPROCITY), NICS-alternative status for the Enhanced permit at a Tennessee FFL counter (the Concealed-only permit is not currently on the ATF Brady chart - verify at atf.gov), and access to vehicle-carry and posted-property carve-outs that do not extend to constitutional carriers.
Tennessee Department of Safety policy treats application fees as nonrefundable. If your application is denied, the fee is not returned. The Department of Safety's fee structure recovers the cost of running the TBI background check, the FBI fingerprint check through III, the local-sheriff verification, and permit issuance, all of which are performed regardless of approval or denial.
If your application is denied, you have appeal rights under Tenn. Code Sec. 39-17-1351(o), but the original fee is not refunded.
Several real-world costs apply to permit applicants but are not part of the statutory fee structure. They vary by vendor.
The state requires Enhanced applicants to complete an 8-hour handgun safety school certified under Tenn. Code Sec. 39-17-1351 and Rule 1340-02-03. CCP applicants must complete a Department of Safety-approved CCP course (online options exist) under Tenn. Code Sec. 39-17-1366(b)(4). Training fees are paid to the instructor, not the state.
The cost varies by instructor and is set at the instructor's discretion. Public guidance from the Department of Safety does not cap training fees. See TRAINING_REQUIREMENTS for the training rule structure. Voluntary additional training is on the applicant.
Tennessee uses electronic fingerprint capture at TN Driver Services Centers and at IdentoGO sites. The vendor (IdentoGO/IDEMIA) charges its own service fee, paid directly to the vendor, not to the Department of Safety. This is not the same as the $100 or $65 application fee; the application fee covers the TBI/FBI background search, not the act of capturing prints.
The vendor fee is typically a separate line item on the day of fingerprinting. Confirm the current amount at the time of scheduling at identogo.com.
Photographs for the permit card are captured at the Driver Services Center as part of the in-person step and are not charged separately.
If your Tennessee driver license is Real ID compliant, the Department of Safety offers an online "Finish Your Application" workflow at dl.safety.tn.gov that allows you to upload documents and pay the application fee without an in-person Driver Services Center visit. There is no separate convenience fee for online submission; you still pay the standard $100, $65, $300, or other applicable fee.
You may not lawfully carry under your expired permit during the gap between expiration and renewal in any setting that requires permit status (such as schools or other places where only permit holders are exempt). Constitutional carry still applies to qualifying carriers outside posted or place-restricted areas.
A Lifetime Enhanced permit has no expiration date and no renewal fee. The department runs a name-based criminal-history records check every five years and revokes the permit on discovery of a disqualifying conviction. The holder pays nothing for those checks.
The Department of Safety accepts the following payment methods.
Credit-card processor fees, if any, are charged by the third-party processor, not by the Department of Safety, and may be added to the transaction at checkout on the online portal.
| Permit Type and Action | Standard Fee | Military Fee | Statutory Basis |
|---|---|---|---|
| Enhanced Handgun Carry Permit, 8 years, initial | $100.00 | $65.00 | Tenn. Code Sec. 39-17-1351; PC 866 (2014) |
| Enhanced Handgun Carry Permit, 8 years, renewal | $50.00 | $50.00 | Tenn. Code Sec. 39-17-1351(q)(1) |
| Lifetime Enhanced permit, initial (new applicant) | $300.00 | $265.00 | Tenn. Code Sec. 39-17-1351(x) |
| Lifetime Enhanced permit, upgrade from 8-year Enhanced | $200.00 | $200.00 | Tenn. Code Sec. 39-17-1351(x) |
| Lifetime Enhanced permit, upgrade from CCP | $300.00 | $265.00 | Tenn. Code Sec. 39-17-1351(x) |
| Retired LEO Lifetime Enhanced permit | FREE | FREE | Tenn. Code Sec. 39-17-1351(x)(5); PC 396 (2019) |
| Concealed Handgun Carry Permit, 8 years, initial | $65.00 | $65.00 | Tenn. Code Sec. 39-17-1366(b)(5) |
| Concealed Handgun Carry Permit, 8 years, renewal | $50.00 | $50.00 | Tenn. Code Sec. 39-17-1366(j)(3) |
| Duplicate (replacement) card, any permit | $5.00 | $5.00 | Department of Safety fee schedule |
| Temporary permit (Order of Protection, Sec. 39-17-1365) | FREE | FREE | Tenn. Code Sec. 39-17-1365 |
| Constitutional carry, Sec. 39-17-1307(g) | $0.00 | $0.00 | Tenn. Code Sec. 39-17-1307(g); PC 108 (2021); 2024 age-18 amendment |
These are real-world costs paid to vendors, not to the state.
| Cost Item | Amount | Paid To |
|---|---|---|
| Enhanced 8-hour training course | Set by instructor | Certified instructor |
| CCP training course (online) | Set by provider | Department of Safety-approved provider |
| Electronic fingerprinting | Vendor fee | IdentoGO/IDEMIA |
| Ammunition, range time, equipment | Market | Range, dealer |
The Tennessee handgun carry permit fee framework is short, statutory, and tiered.
Fees are nonrefundable, paid to the Tennessee Department of Safety and Homeland Security at application or renewal, and are confirmed against the department's published fee schedule at tn.gov/safety/tnhp/handgun/permitfees.html. Training, fingerprinting (IdentoGO), and ammunition are real costs but are paid to vendors, not the state.
View this topic on its own page: Tennessee Handgun Carry Permit Fees and Costs
Tennessee runs a layered restrictions framework: a categorical state list of prohibited weapons at Tenn. Code 39-17-1302, a state firearm-possession ban for certain convicted persons at 39-17-1307(b) and (c), and a full overlay of the federal 18 U.S.C. 922(g) "prohibited persons" categories that the state expressly incorporates into its permit and possession statutes. There is no Tennessee assault-weapon ban, no state magazine-capacity limit, no universal background check requirement on private transfers, no firearm registration, no waiting period, and no extreme-risk protection order statute. Most of the weapon-category restrictions that look strict on the face of 39-17-1302 are softened by a federal-registration defense at 39-17-1302(b)(7) that defers to the federal National Firearms Act for suppressors, machine guns, destructive devices, and similar items.
This section covers the PEOPLE-based prohibitions (who may not possess a firearm in Tennessee) and the WEAPON-category restrictions (what items the state prohibits absent the federal-registration defense). Storage rules sit in STORAGE. The mechanics of federal NFA registration are in NFA_ITEMS. Location-based prohibitions are in PROHIBITED_PLACES.
Section 39-17-1302(a) makes it a state offense for any person to "intentionally or knowingly possess, manufacture, transport, repair, or sell" an item on the prohibited list. As of 2026 the list reaches:
A handgun is not a "weapon prohibited by 39-17-1302(a)." This matters because several other Tennessee statutes (for example, 39-17-1311 governing parks and 39-17-1306 governing judicial buildings) reference "weapon prohibited by 39-17-1302(a)" as a shorthand. A Tennessee Attorney General opinion confirms that ordinary handguns and long guns are not on the 39-17-1302(a) list, so the cross-references to that list do not by themselves bar carrying a handgun.
The state ban is softened by a defense in 39-17-1302(b). The two paragraphs that matter for civilians are:
Paragraph (b)(7) is the operative carve-out for NFA-style items. A Tennessee resident who has cleared an ATF Form 1 or Form 4 for a machine gun (subject to the federal 1986 Hughes Amendment transferability cutoff), suppressor, destructive device, or AOW has a complete defense to the 39-17-1302 prohibition. The state does not run its own NFA registry. If the federal paperwork lapses or the owner becomes a federal prohibited person, the state defense disappears and every day of possession is a Tennessee felony in addition to the federal offense.
Under 39-17-1302(d):
| Item | Grade |
|---|---|
| Explosive or explosive weapon (a)(1)-(2) | Class B felony as of 2025 amendments where the device is designed to cause death or serious injury; otherwise Class E felony |
| Machine gun (a)(3) | Class C felony (raised from Class E by Public Chapter 513, effective July 1, 2025) |
| Firearm silencer (a)(5), without federal registration | Class E felony (state-level defense available under (b)(7)) |
| Switchblade knife (a)(6) | Class A misdemeanor |
| Knuckles, other prohibited weapons (a)(7)-(8) | Class A misdemeanor |
Public Chapter 513 (SB1075 / HB1093), effective July 1, 2025, also expanded the state machine-gun definition to include "any part, or combination of parts, designed and intended solely for use in converting a firearm into a machine gun." Auto sears, "switches," forced-reset triggers, and similar conversion devices are state felonies in Tennessee on top of the existing federal prohibition at 18 U.S.C. 922(o).
Two state-level possession bars sit inside Tennessee's omnibus carry/possession statute. Both run alongside (not instead of) the federal 18 U.S.C. 922(g) framework.
A person commits an offense who unlawfully possesses a firearm (defined at 39-11-106, includes handguns, rifles, shotguns, and any weapon that expels a projectile by explosive action) and:
Public Chapter 513 (effective July 1, 2025) expanded this offense to include possession of firearm ammunition, not only firearms. A person with a qualifying felony conviction who possesses a single round of ammunition now commits a Class B or Class C felony in addition to any federal 18 U.S.C. 922(g)(1) charge. Persons convicted under (b)(1)(A) on or after July 1, 2024, must serve 85 percent of the sentence imposed under 40-35-501(y), with earned credits capped at 15 percent.
A person commits a Class E felony under (c)(1) who possesses a handgun and has been convicted of any felony, unless one of three relief pathways applies:
The pardon-or-expungement track in Tennessee differs in two respects from the federal felon-in-possession bar under 18 U.S.C. 922(g)(1): the state offense is handgun-only (long-gun possession by an ordinary nonviolent felon is not separately criminalized by (c), although (b) reaches violent and drug felons for all firearms), and restoration of civil rights under Title 40 Chapter 29 can lift the state disability if the restoration order does not preserve the firearm bar. Federal 18 U.S.C. 921(a)(20) treats state restoration of rights as removing the federal disability only if state law itself recognizes the firearm right as restored, so the two layers must be cleared together.
Public Chapter 513 also expanded (c) to include possession of handgun ammunition (Class E felony).
A separate paragraph (d) makes it a Class E felony to possess any deadly weapon with intent to employ it during the commission of, attempt to commit, or escape from, any offense not already defined as a "dangerous offense" by 39-17-1324. The maximum fine rises to $6,000 if the deadly weapon is a switchblade knife.
Subsection (f) makes it a state offense for a person to possess a firearm if the person:
For purposes of (f), 39-17-1316(a)(1) treats a Tennessee violation of a protective order under 39-13-113 as a "misdemeanor crime of domestic violence" for federal 18 U.S.C. 921 purposes.
A separate safe-harbor at 39-17-1307(f)(3) provides that, for purposes of (f), a person does not possess a firearm (including a federally-registered NFA firearm) if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys, or other means of normal access.
Tennessee's permit eligibility statutes at 39-17-1351 (enhanced) and 39-17-1366 (concealed-only) expressly incorporate 18 U.S.C. 922(g) as a disqualifier: a permit applicant who "is prohibited from possessing a firearm in this state pursuant to 39-17-1307(b), 18 U.S.C. 922(g), or any other state or federal law" shall not be issued a permit. The same incorporation applies to the constitutional-carry authority at 39-17-1307(g): a person who would otherwise qualify for permitless carry is not authorized if forbidden to possess a firearm under Tennessee law, federal law, or any other state law.
The federal 18 U.S.C. 922(g) list reaches:
A parallel federal provision, 18 U.S.C. 922(n), prohibits a person under indictment for a felony from acquiring (but not from continuing to possess) a firearm. A person under federal or state indictment may not receive a transfer from an FFL until the case is resolved.
When a Tennessee court issues an order of protection that fully complies with 18 U.S.C. 922(g)(8), 36-3-625 requires the order to include on its face a disclosure that:
The respondent must complete and return an affidavit of firearm dispossession to the court. The same 48-hour dispossession requirement applies after a domestic-violence conviction under 40-14-109.
Section 39-17-1316(a)(1) makes it a state offense for a federally-licensed firearms dealer to sell a firearm to a person who:
The state thus piggybacks the full federal 18 U.S.C. 922 bar onto in-state dealer transactions. For purposes of this rule, a violation of a Tennessee protective order under 39-13-113 is treated as a "misdemeanor crime of domestic violence" under 18 U.S.C. 921. The felony bar in (a)(1) does not apply if the underlying felony was pardoned, expunged, or the person's civil rights have been restored under Title 40 Chapter 29 and the person is not prohibited under 39-17-1307.
Tennessee restricts juvenile handgun possession at 39-17-1319 and criminalizes adults who supply a handgun to a juvenile at 39-17-1320. The age 18 cutoff for general handgun possession aligns with the federal floor at 18 U.S.C. 922(x). Long guns are governed by federal law alone for under-18 possession.
A new state restriction at 39-17-1351(c)(19) bars permit issuance to applicants under 25 who have been adjudicated delinquent on or after July 1, 2024, for acts that, if committed by an adult, would have been:
This provision does not by itself disqualify a person from possessing a firearm, but it tracks the same population as the federal mental-defective and felony bars.
Possession or employment of a firearm during the commission of, or attempted commission of, a "dangerous felony" defined in 39-17-1324(i)(1) is a separate offense with a mandatory minimum and consecutive-sentencing rule. The list of "dangerous felonies" includes most violent crimes against the person and drug offenses involving children. This is a sentencing enhancement, not a baseline possession prohibition: the underlying conduct is already criminal under another statute, and 39-17-1324 adds a separate firearm-related count with mandatory consecutive time.
A first conviction is a Class D felony with a mandatory minimum of three years, served consecutively. A second or subsequent conviction is a Class C felony with a mandatory minimum of five years. The mandatory minimum cannot be served on probation.
Several discrete state disqualifiers sit outside 39-17-1307 but are incorporated through permit-eligibility cross-references and the dealer-sale bar at 39-17-1316:
For carry purposes (as opposed to possession), Public Chapter 513 also reduced the carrying-with-intent-to-go-armed offense for stalking, DUI, and mental-defective adjudication from a Class B to a Class C misdemeanor.
Tennessee's restrictions framework is notable for what is absent. These gaps frequently trip up students who have moved from stricter states.
If your students have moved from California, Massachusetts, New York, Illinois, Maryland, Connecticut, New Jersey, Hawaii, or Washington, make the contrast clear. None of those state-specific restrictions follow them into Tennessee.
The constitutional-carry authority at 39-17-1307(g) (Public Chapter 108, effective July 1, 2021, and extended to 18-20-year-olds by Public Chapter 829, effective March 28, 2024) does not exempt a carrier from the felon-in-possession, domestic-violence, mental-defective, or other prohibited-person bars. The text of (g) authorizes carry only by a "person authorized to carry without a permit," which the statute defines as a person who (1) is not forbidden to carry a firearm under Tennessee law, including 39-17-1307(b); (2) meets the age requirement (21+, or 18+ for military and honorably discharged veterans, or 18+ for adults after Beeler v. Long); (3) lawfully possesses the handgun; and (4) is in a place where the person is lawfully present.
A felon, person under protective order, unlawful drug user, or any other 922(g) category remains barred from carrying or possessing under constitutional carry. The change in 2021 was permission-to-carry, not lifting of any prohibited-person disability.
| Question | Answer | Authority |
|---|---|---|
| Can a Tennessee resident possess a federally-registered suppressor? | Yes. State 39-17-1302 prohibition is defeated by the (b)(7) registration defense. | Tenn. Code 39-17-1302(b)(7); 26 U.S.C. 5841-5862 |
| Can a Tennessee resident possess a federally-registered short-barreled rifle? | Yes. SBRs were removed from the state prohibited-weapons list in 2022; federal NFA registration still required. | Public Chapter 1038 (2022) |
| Can a Tennessee resident possess an unregistered suppressor or machine gun? | No. State felony under 39-17-1302 in addition to federal felony. | Tenn. Code 39-17-1302 |
| Is a "switch" or auto sear a state felony in Tennessee? | Yes, as of July 1, 2025. State machine-gun definition expanded to include conversion devices. | Public Chapter 513 (2025) |
| Can a Tennessee felon possess a firearm? | No. State and federal prohibitions both apply. | Tenn. Code 39-17-1307(b), (c); 18 U.S.C. 922(g)(1) |
| Can a Tennessee felon possess firearm ammunition? | No, as of July 1, 2025 (Public Chapter 513 expanded 39-17-1307(b) and (c) to include ammunition). | Public Chapter 513 (2025) |
| Does a Tennessee pardon restore firearm rights automatically? | Pardon defeats 39-17-1307(c) for ordinary felons; pardon for violent or drug felons may not by itself defeat 39-17-1307(b) without restoration under Title 40 Chapter 29. Federal 922(g)(1) is a separate analysis. | Tenn. Code 39-17-1307(c)(1)(A); Tenn. Code 40-29 |
| Does Tennessee have an assault weapon ban? | No. | No statute |
| Does Tennessee have a magazine capacity limit? | No. | No statute |
| Are background checks required for private intrastate sales? | No state requirement. Federal requirement applies only to FFL transactions. | 18 U.S.C. 922(t); no Tennessee add-on |
| Is there a waiting period? | No. | No statute |
| Is firearm possession registered with the state? | No. State and local agencies are statutorily barred from operating a registry. | Tenn. Code 39-17-1305 |
| Does Tennessee have a red flag / ERPO law? | No. The state expressly preempted ERPOs. | Tenn. Code 39-17-1329 |
| Does Tennessee have a duty to inform law enforcement when armed? | No. | No statute (see DUTY_TO_INFORM) |
| Are minors prohibited from possessing handguns? | Yes, under 39-17-1319, with carve-outs that track 18 U.S.C. 922(x). | Tenn. Code 39-17-1319; 18 U.S.C. 922(x) |
| Does an active protective order require firearm dispossession? | Yes. The respondent must dispossess all firearms within 48 hours, by lawful transfer to a non-prohibited third party. | Tenn. Code 36-3-625; 39-17-1307(f); 18 U.S.C. 922(g)(8) |
| Are constitutional carriers exempt from the prohibited-person bars? | No. 39-17-1307(g) authority extends only to persons not otherwise forbidden to carry under Tennessee or federal law. | Tenn. Code 39-17-1307(g) |
The operative rule for a Tennessee student: the state restrictions sit on top of the federal 18 U.S.C. 922(g) framework, the state adds 39-17-1302 for prohibited weapon categories (with a federal-registration defense at (b)(7)) and 39-17-1307(b), (c), and (f) for prohibited persons, and what is not prohibited by either layer is generally lawful to possess. Tennessee adds none of the assault-weapon, magazine, registration, waiting-period, or ERPO restrictions found in stricter states.
View this topic on its own page: Tennessee Weapon Restrictions
Do not carry a handgun in Tennessee if you have been drinking, if you are taking a controlled substance recreationally, or if you are otherwise impaired. Tennessee criminalizes possession of a handgun while under the influence under Tenn. Code Sec. 39-17-1321(a), and the rule applies whether you hold an enhanced permit, a concealed-only permit, or are carrying permitlessly under Sec. 39-17-1307(g). Your permit status does not insulate you from the offense. A separate provision at Sec. 39-17-1321(b) makes it a crime to possess a firearm in a public establishment that serves alcohol while you are consuming any alcoholic beverage there. Both offenses are Class A misdemeanors. A permit holder who violates the under-the-influence rule inside an alcohol-serving establishment also faces a mandatory three-year permit suspension under Sec. 39-17-1352.
Tennessee's "guns and alcohol" framework has two operative statutes that students confuse. The first, Sec. 39-17-1321, governs the person (intoxication). The second, Sec. 39-17-1305, governs the place (firearms where alcohol is served for on-premises consumption). They overlap but are not the same. Tennessee separately allows handgun carry in restaurants and bars that serve alcohol, provided the carrier is not drinking and the establishment has not posted notice prohibiting weapons. The carve-out lives inside Sec. 39-17-1321(b) and the posted-notice statute Sec. 39-17-1359. Walk in, eat dinner, do not drink, do not draw attention to the firearm. You are within the law.
The bottom-line summary for a Tennessee student:
The operative text of Sec. 39-17-1321, as published on the Tennessee Code mirror at Justia and on FindLaw's Tennessee Code service, has two prohibitions and a penalty subsection:
(a) Notwithstanding whether a person has a permit issued pursuant to Sec. 39-17-1315 or Sec. 39-17-1351 or Sec. 39-17-1366, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue.
(b) It is an offense for a person to possess a firearm if the person is both:
(1) Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in Sec. 57-3-101(a), or beer, as defined in Sec. 57-6-102, are served for consumption on the premises; and
(2) Consuming any alcoholic beverage listed in subdivision (b)(1).
(c)(1) A violation of this section is a Class A misdemeanor.
(c)(2) In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to Sec. 39-17-1351 or Sec. 39-17-1366, such permit shall be suspended in accordance with Sec. 39-17-1352 for a period of three (3) years.
Read the statute as three separate rules.
Rule 1 (subsection (a)). No person, permit or no permit, may possess a handgun while under the influence of alcohol, a controlled substance, or a controlled-substance analogue. The "notwithstanding" clause is express: subsection (a) overrides whatever permit you carry. Tennessee's enhanced permit under Sec. 39-17-1351, concealed-only permit under Sec. 39-17-1366, and the older lawful-activity authority at Sec. 39-17-1315 all yield to Sec. 39-17-1321(a).
Rule 2 (subsection (b)). A separate offense applies when you both (1) are inside an establishment open to the public that is licensed to serve liquor, wine, beer, or other alcoholic beverages for on-premises consumption, and (2) are actually consuming an alcoholic beverage there. Note the conjunctive "and": both elements must be present. You can be inside the establishment without drinking. You cannot drink while armed.
Rule 3 (subsection (c)). Each violation is a Class A misdemeanor under Tennessee law (up to eleven months and twenty-nine days in jail and up to a $2,500 fine, subject to grading). If you violate subsection (a) inside an alcohol-serving establishment and you hold a Tennessee enhanced or concealed handgun carry permit, your permit is automatically suspended for three years under the cross-reference to Sec. 39-17-1352. The legislature did not give the Department of Safety discretion on the three-year suspension. It is mandatory.
The statute was last amended by Public Acts 2019, Chapter 479. The current version is the 2019 amended text.
Tennessee's Sec. 39-17-1321(a) does not, in its current form, contain a numeric blood-alcohol concentration trigger. The statute uses the bare phrase "under the influence of alcohol or any controlled substance or controlled substance analogue." That phrase is a standard Tennessee impairment formulation, the same one that anchors Tennessee's DUI statute at Sec. 55-10-401.
There is a strong practical convergence between the firearms-impairment and DUI standards. The Tennessee Department of Safety's public-safety guidance on DUI states that "Individuals are presumed to be under the influence of alcohol with a Blood Alcohol Concentration (BAC) of .08%" under Sec. 55-10-401 and Sec. 55-10-403. That 0.08% presumption is the operative threshold in DUI prosecutions and is the baseline that prosecutors and courts apply when interpreting "under the influence" in adjacent statutes. The secondary handgunlaw.us treatment of the rule states the practical standard as zero tolerance: "The allowable BAC for a handgun carry permit holder in public possession of a loaded firearm is exactly 0.0%, zero tolerance." That is not a statutory floor. It is a practitioner-derived risk recommendation that reflects how aggressively Tennessee charges Sec. 39-17-1321(a).
The legislature is currently considering whether to write a numeric standard into Sec. 39-17-1321 itself. HB 2514 / SB 2478 of the 114th General Assembly (filed 2025-2026) proposes an amendment to subsection (a) that would read: "It is an offense for a person to possess a handgun in a public place while under the influence of alcohol or any controlled substance or controlled substance analogue. As used in this subsection (a), 'under the influence of alcohol' means the alcohol concentration in the person's blood or breath is eight-hundredths of one percent (0.08%) or more." The companion fiscal note FM2821 confirms the proposed 0.08% definition. As of this writing, that legislation has not passed. HB 2514 was "Reset on Final cal. 4 of Criminal Justice Subcommittee" (April 7, 2026); SB 2478 had "Action deferred in Senate Judiciary Committee to 2027" (March 23, 2026). Until the bill is enacted, no statutory numeric threshold governs Sec. 39-17-1321(a), and the practical standard remains the case-by-case "under the influence" inquiry borrowed from DUI law.
Practical takeaway for instructors and students: until the bill becomes law, you cannot point to a Tennessee statute that says "0.08% or above = under the influence for firearms purposes." Tennessee courts have not published a definitive numeric standard. The Tennessee Bureau of Investigation and the Department of Safety have not issued binding guidance. The Tennessee Attorney General's Opinion 14-86 (September 18, 2014) addresses the closely related question of who is an "unlawful user" of alcohol or controlled substances for permit-issuance purposes (Sec. 39-17-1351(c)(10)) but does not set a numeric BAC threshold for the under-influence offense. Treat any measurable consumption as legal exposure.
Sec. 39-17-1321(a) does not distinguish between alcohol and controlled substances. Use of a controlled substance, or of a controlled-substance analogue, supplies the "under the influence" element of the offense exactly the same way alcohol does. Tennessee defines controlled substances by reference to its scheduling statute (Title 39, Chapter 17, Part 4) and the federal Controlled Substances Act.
Three categories cause the most operational confusion:
Marijuana and THC products. Tennessee has no recreational cannabis program, no medical-cannabis program of any significant scope, and treats marijuana possession as a criminal offense. Any THC use is consumption of a controlled substance for purposes of Sec. 39-17-1321(a). It is also disqualifying under the federal "unlawful user" prohibition at 18 U.S.C. Sec. 922(g)(3), which bars a federally licensed firearm dealer from transferring a firearm to a person who is an unlawful user of, or addicted to, any controlled substance. The 4473 federal firearms transaction record makes this prohibition operational: the buyer must answer the marijuana question under penalty of perjury, and the ATF position is that any state-legal cannabis use disqualifies the buyer at the federal level. Tennessee permit issuance under Sec. 39-17-1351(c)(10) separately requires that the applicant not be an unlawful user of, or addicted to, alcohol, controlled substances, or analogues. The Tennessee Attorney General's Opinion 14-86 construes "unlawful user" by reference to federal law and defines it as "the regular and repeated use of alcohol, a controlled substance, or a controlled-substance analogue in a manner other than as prescribed by a physician or otherwise permitted by law during a period that reasonably covers the time in which a handgun carry permit is sought."
Prescription medications used outside their prescribed scope. A Schedule II opioid, Schedule IV benzodiazepine, or any other prescription used at higher doses than prescribed, or for purposes not prescribed, is "unlawful" use. Use of someone else's prescription is unlawful use. Sec. 39-17-1321(a) reaches the impairment regardless of source.
Controlled-substance analogues. Tennessee's statute reaches "controlled substance analogues" as defined under state and federal law, capturing substances chemically similar to scheduled drugs that are intended to produce a similar effect. Synthetic cannabinoids, synthetic cathinones, and emerging psychoactive substances fall within this category.
Federal law on the impairment side is independent of Tennessee law. 18 U.S.C. Sec. 922(g)(3) makes it a federal offense for an unlawful user of any controlled substance to possess a firearm, full stop. A Tennessee resident who uses cannabis recreationally is a federal prohibited person and commits a federal crime by possessing any firearm, regardless of whether they are actively impaired at the moment. The Tennessee under-influence offense focuses on impairment while possessing. The federal status offense focuses on user status. Both can apply to the same conduct.
Tennessee separately treats the location problem. Sec. 39-17-1321(b) makes it a Class A misdemeanor to possess a firearm if you are both inside a public establishment licensed to serve alcohol for on-premises consumption and consuming any alcoholic beverage there. Both elements must be present.
Tennessee does NOT criminalize handgun carry in alcohol-serving restaurants and bars as a categorical matter. The general rule, codified in the structure of Sec. 39-17-1321 and elaborated in Sec. 39-17-1359 (posted-notice), is that:
This is the structure that the Tennessee Bureau of Investigation describes in its public guidance and that handgunlaw.us summarizes as "Yes, without a permit, unless posted and provided you don't consume any alcohol" for the question "Can you carry a concealed firearm in bars and restaurants that serve alcohol in Tennessee?" The carve-out traces back to Tennessee Senate Bill 3012 of 2010 (the "Guns in Bars" law), which authorized a non-drinking permit holder to carry a firearm in an establishment open to the public licensed as a restaurant. The same SB 3012 simultaneously authorized property owners to prohibit firearm possession by posting notice under what later became Sec. 39-17-1359.
The 2019 amendment (Public Acts 2019, Chapter 479) added the permit-suspension consequence in Sec. 39-17-1321(c)(2): a permit holder who possesses a handgun while under the influence inside an alcohol-serving establishment loses the permit for three years.
The closely related statute Sec. 39-17-1305 (possession of firearm where alcohol is served on premises) is a separate criminal-code section that the topic archive references but that does not appear in full text in the curated sources for this section. The state-index summary describes Sec. 39-17-1305 as the older sibling to Sec. 39-17-1321(b); both regulate the on-premises problem, with the operative permit-holder carve-out functionally embedded in the Sec. 39-17-1321(b) "and consuming" conjunctive element. Treat the operative on-premises rule as the Sec. 39-17-1321(b) framework described above.
Sec. 39-17-1321(a) is not a public-place offense. The current statutory text reaches handgun possession while under the influence anywhere. Possessing a handgun in your home, in a friend's home, or in your own vehicle while impaired remains within the scope of subsection (a). The 2026 proposed amendment in HB 2514 would narrow the offense to "in a public place." Until that amendment passes, treat the current statute as reaching private as well as public possession.
The vehicle context is the most common operational risk point. Tennessee's broad transport authority at Sec. 39-17-1313 lets a non-prohibited adult transport and store a handgun or long gun in a privately owned vehicle even without a permit. That authority does not override Sec. 39-17-1321(a). A driver who consumes alcohol at dinner and then sits behind the wheel with a loaded handgun in the console is possessing a handgun while under the influence, even though the underlying transport is otherwise lawful under Sec. 39-17-1313.
A workaround that Tennessee practitioners cite, summarized in the handgunlaw.us secondary guidance: "if an HCP holder has a drink, it is allowable to unload the firearm and lock it in the trunk of the vehicle, provided that the driver is under 0.08% BAC." That practical guidance reflects the structure of Sec. 39-17-1313 (broad transport authority) combined with the case-law presumption that a securely stored, locked, unloaded firearm separated from the driver may not constitute "possession" for purposes of Sec. 39-17-1321(a). The framework is practitioner-derived rather than codified, and the safer student protocol is: do not carry while drinking, period.
Sec. 39-17-1351(c)(10), (11), and (17) impose alcohol-and-drugs eligibility filters at the front end of permit issuance, separately from the under-influence offense at Sec. 39-17-1321. To qualify for an enhanced or concealed permit, the applicant must confirm under oath that:
Attorney General Opinion 14-86 (September 18, 2014) construes the "unlawful user" element. The phrase is not statutorily defined in Tennessee, but the Attorney General applies federal interpretation: "the regular and repeated use of alcohol, a controlled substance, or a controlled-substance analogue in a manner other than as prescribed by a physician or otherwise permitted by law during a period that reasonably covers the time in which a handgun carry permit is sought." A single episode of intoxication does not, by itself, establish unlawful-user status. A pattern of use does.
Sec. 39-17-1351(e) further requires the classroom portion of every Department-approved handgun safety course to include "instruction on alcohol and drugs, the effects of those substances on a person's reflexes, judgment and ability to safely handle a firearm, and Sec. 39-17-1321." That instructional requirement has been in place since September 1, 2010. Beginning October 1, 2023, the same subsection also requires instruction on safe storage.
Tennessee enhanced-handgun-safety-program instructors face parallel disqualifiers under Rule 1340-02-03-.06 of the Tennessee Department of Safety regulations: the instructor "[s]hall not...[h]ave been convicted of any drug related offense or alcohol related offense in the past ten (10) years." Active orders of protection and active firearm disqualifications are also bars.
| Offense | Statute | Grade | Maximum penalty | Collateral consequences |
|---|---|---|---|---|
| Possession of handgun while under influence (alcohol or controlled substance) | Sec. 39-17-1321(a) | Class A misdemeanor | Up to 11 months 29 days; up to $2,500 fine | Per Sec. 39-17-1321(c)(2): if violation occurs in an alcohol-serving establishment and offender holds an enhanced or concealed permit, mandatory three-year permit suspension under Sec. 39-17-1352. |
| Possession of firearm in alcohol-serving public establishment while consuming alcohol | Sec. 39-17-1321(b) | Class A misdemeanor | Up to 11 months 29 days; up to $2,500 fine | If offender holds an enhanced or concealed permit, mandatory three-year permit suspension under Sec. 39-17-1352 (applied via Sec. 39-17-1321(c)(2) cross-reference). |
| Carrying firearm with intent to go armed when subject to disqualifier (e.g., two-time DUI within ten years or one within five) | Sec. 39-17-1307(h)(1)(B) | Class B misdemeanor | Up to 6 months; up to $500 fine | Statute draws DUI disqualifiers directly from Sec. 39-17-1307(h)(1)(B). |
| Federal: possession of firearm by unlawful user of controlled substance | 18 U.S.C. Sec. 922(g)(3) | Federal felony | Up to 15 years; up to $250,000 fine | Lifetime federal prohibited-person status; affects 4473 and NICS at every future transfer. |
In addition to the criminal grading, a permit holder whose permit is suspended under Sec. 39-17-1352 may not lawfully carry under the permit until the suspension expires and the permit is reinstated. The Department of Safety's permit-suspension procedures govern the process.
The Tennessee Department of Safety requires every enhanced handgun safety course to cover Sec. 39-17-1321. The following operational scenarios capture the common student questions:
Dinner at a non-posted restaurant that serves alcohol. Lawful for a permit holder or a permitless carrier to enter and to remain seated, armed, throughout the meal, provided the carrier does not consume any alcoholic beverage. Iced tea, soda, water, coffee, and non-alcoholic mocktails are all fine. The moment a beer, wine, or cocktail is ordered and consumed by the carrier, Sec. 39-17-1321(b) is violated.
Restaurant or bar posted under Sec. 39-17-1359. Unlawful for any carrier (permit or permitless) to enter while armed. Posting is a criminal-trespass-type rule layered on top of Sec. 39-17-1321; entering a posted establishment armed is a separate offense under Sec. 39-17-1359, independent of whether the carrier is drinking.
Carrier consumes one beer at a tailgate or backyard barbecue, then handles a handgun. Sec. 39-17-1321(a) applies. "Under the influence" is not bounded by a public-place element. A measurable BAC plus handgun possession plus a sufficient indicia-of-impairment showing puts the carrier within the statute. Until HB 2514 enacts a 0.08% trigger, prosecutors apply the case-by-case impairment standard.
Carrier uses cannabis (legal in another state) while visiting Tennessee, then carries a handgun. Sec. 39-17-1321(a) applies (controlled-substance impairment). 18 U.S.C. Sec. 922(g)(3) separately applies if the use is part of a pattern. The federal exposure is the more serious of the two.
Carrier takes prescribed Schedule IV anxiolytic at prescribed dose, then carries a handgun. Not within Sec. 39-17-1321(a)'s "under the influence" element if the medication is used as prescribed and does not actually impair. The statute does not bar permitted, on-label prescription use. It bars impairment. Practitioners advise caution: any new prescription with a "do not operate heavy machinery" warning should suspend carry until tolerance is established.
Permit holder with one DUI ten years ago. Not categorically disqualified under Sec. 39-17-1351(c)(11) if the conviction is outside both the five-year and the two-within-ten lookback windows. Two DUIs within ten years, or one DUI within five years, disqualifies the applicant from a Tennessee enhanced or concealed permit.
Driver with handgun in console pulled over after dinner that included two glasses of wine. High legal exposure. Sec. 39-17-1321(a) applies if the driver is "under the influence" as a matter of fact. Sec. 39-17-1313's transport authority does not shield against the under-influence offense. If the driver fails a field sobriety test, the under-influence charge and a DUI charge will likely both be filed.
"Tennessee has a 0.08% statutory BAC limit for firearms." Not yet. HB 2514 (114th General Assembly, 2026 session) proposes that language. It has not been enacted as of this writing. The current statute uses the unspecified "under the influence" formulation.
"Tennessee has zero-tolerance BAC for permit holders." This is the practitioner-derived risk recommendation reported in secondary sources, not a statutory rule. The actual statutory test is impairment.
"My permit lets me drink at a restaurant where alcohol is served, as long as I'm not 'drunk.'" Wrong. Sec. 39-17-1321(b) is a flat ban on consuming any alcoholic beverage while possessing a firearm in an alcohol-serving public establishment. There is no "moderate drinking" carve-out. One sip violates the statute.
"Permitless carry under Sec. 39-17-1307(g) exempts me from the under-influence rule." Wrong. Sec. 39-17-1321(a) explicitly applies "Notwithstanding whether a person has a permit." Permitless carriers are subject to the same offense.
"Cannabis is just a state-law issue." Wrong. Federal 18 U.S.C. Sec. 922(g)(3) makes any cannabis user (including in states that have legalized cannabis) a federal prohibited person. Tennessee has not legalized cannabis. Federal exposure for a Tennessee cannabis user who possesses a firearm is severe.
"AG Opinion 14-86 set a BAC limit for the under-influence offense." No. The opinion construes the permit-eligibility "unlawful user" phrase at Sec. 39-17-1351(c)(10). It does not set a BAC limit for the under-influence offense at Sec. 39-17-1321(a).
HB 2514 and SB 2478 of the 114th General Assembly (introduced in the 2025-2026 session) propose multiple amendments to Tennessee's firearms framework, including:
Narrowing Sec. 39-17-1321(a) to a "public place" offense and adding the statutory definition: "'under the influence of alcohol' means the alcohol concentration in the person's blood or breath is eight-hundredths of one percent (0.08%) or more." Fiscal note FM2821 confirms the proposed 0.08% definition.
Companion bills (SB 2422 / HB 2371) earlier in the session proposed substituting the current possession-based offense with a "carrying, with the intent to go armed, a firearm while under the influence of intoxicants or such substances that impairs the person's ability to safely carry a firearm by depriving the person of the clearness of mind and control of oneself that the person would otherwise possess" framework.
Neither bill has passed. HB 2514 is reset on Final Calendar 4 of the Criminal Justice Subcommittee (April 7, 2026), and SB 2478 has been deferred to 2027 in the Senate Judiciary Committee (March 23, 2026). Tennessee instructors should track these bills and update curriculum if either becomes law.
View this topic on its own page: Carrying Under the Influence in Tennessee
Tennessee has no general adult-storage mandate. You are not required by state law to use a safe, a trigger lock, or a locked container to store a firearm in your own home. The state's only operative storage rules come from three statutory contexts: (1) how a firearm is stowed in a motor vehicle while parked on public or private parking property under Tenn. Code Sec. 39-17-1313, (2) where state-approved safety-training courses must now include a safe-storage module under Sec. 39-17-1351(e) and Sec. 39-17-1366(l), and (3) the sales-tax exemption for firearm safes and firearm-safety devices created in 2021 and extended thereafter.
That gap is intentional. Tennessee has repeatedly considered, and repeatedly declined to enact, a child-access-prevention statute or a general "secure storage" criminal offense. Several such bills have been introduced (HB0563/SB0807 in the 114th General Assembly, SB1350, SB1183, HB0949) but none have become law as of this writing. Until that changes, in-home storage in Tennessee is governed by personal responsibility and by general criminal statutes (negligent homicide, reckless endangerment, contributing to the delinquency of a minor) rather than by a stand-alone storage offense.
Two practical takeaways. First, your at-home storage choices are not regulated by state criminal law, but they can still be the basis of civil or criminal liability if someone gets hurt because of how you stored a firearm. Second, the rules that do exist are vehicle-and-parking-lot rules, and they apply to permitless carriers (Sec. 39-17-1307(g)) the same way they apply to permit holders.
Tennessee does not require any particular method of storing a firearm in a private residence. There is no state-law requirement to:
Statewide preemption at Sec. 39-17-1314(a) reserves storage regulation to the General Assembly and forbids cities, counties, and metropolitan governments from enacting their own storage ordinances. The list of preempted subjects in the statute expressly includes "storage." Tennessee Attorney General Opinion 21-13 (August 31, 2021) confirms that Sec. 39-17-1314(a) "completely removes from local governments the authority to regulate the possession, carrying, storage, and transportation of firearms and ammunition," subject only to narrow carve-outs listed in subsection (b). Local "secure storage" ordinances are therefore unenforceable.
Even though the state does not require a particular storage method, the Tennessee Department of Safety and Homeland Security (TDOSHS) actively encourages safe storage and supplies the tools to do it.
Safe Store Tennessee free cable-lock program. TDOSHS distributes a 15-inch cable lock with a 4-pin keyed deadbolt, free of charge, through pickup locations in counties across the state. The cable runs through the barrel or action to render the firearm inoperable. The program guidance recommends pairing the cable lock with a locked gun case, safe, or lockbox, and storing ammunition in a separate locked container with keys kept away from the firearm. Pickup locations are listed on the TDOSHS "Safe Store" page at tn.gov/safety/tnhp/handgun/safestore.html.
Safe and Secure Firearms in Tennessee public-safety guidance. TDOSHS publishes a public-facing storage guide (the "Safe and Secure Firearms in Tennessee" PDF) with the following recommendations:
Sales-tax exemption for safes and safety devices. Public Chapter 592 of 2021 created a sales-tax exemption for the retail sale of firearm safes and firearm-safety devices. The exemption originally ran from July 1, 2021 through June 30, 2022, was extended by Public Chapter 1053 of 2022, and was further extended and made permanent through subsequent legislation enacted during the 2023 Public Safety Special Session (SB7085/HB7012). The statute defines a "firearm safe" as "a locking container or other enclosure, excluding glass-faced containers, equipped with a padlock, key lock, combination lock, or other locking device that is designed and intended for the secure storage of one (1) or more firearms," and a "firearm safety device" as a device that prevents the firearm from being operated without first deactivating the device, or that prevents operation by anyone without authorized access (SB7085, Section 5).
Mandatory safe-storage instruction in carry-permit training (Oct. 1, 2023). Beginning October 1, 2023, every TDOSHS-approved handgun safety course (both the Enhanced and Concealed track) must include a module on the safe storage of firearms. The change came from Public Chapter implementing SB7085/HB7012 (Public Safety Special Session, 2023), which amended Sec. 39-17-1351(e) for Enhanced permit courses and Sec. 39-17-1366(l)(1) for Concealed permit courses (substituting "safe storage methods" for "storage methods"). Persons who obtained a permit before October 1, 2023 are not required to retake any additional course on the basis of this change.
The single hard storage rule in Tennessee covers how a firearm is stowed in a vehicle that is parked on public or private parking property when the carrier is not in the vehicle.
Under Sec. 39-17-1313(a), a person who holds a valid Enhanced or Concealed handgun carry permit, or who lawfully carries a handgun under the permitless-carry exception in Sec. 39-17-1307(g), may transport and store a firearm or firearm ammunition in the person's motor vehicle (as defined in Sec. 55-1-103) while on or utilizing any public or private parking area if both of the following are true:
In plain language, when you step out of the car you must do two things: keep the firearm out of plain view, and lock it (either inside the locked vehicle, in a locked trunk or glove box, or in a container securely affixed to the vehicle). When you are in the car, you may have the firearm accessible to you, but it must still be out of "ordinary observation" from outside the vehicle.
Tennessee Attorney General Opinion 13-41 (May 28, 2013) clarifies that the "from ordinary observation" requirement is about visibility from outside the vehicle, not about whether the firearm is locked while the carrier is present. The 2014 amendment to Sec. 39-17-1313 (Public Chapter 768) broadened the statute's "notwithstanding" language so that it overrides "any" conflicting law or ordinance, not just three previously enumerated provisions.
The same opinion also clarifies that the statutory phrase "a firearm or firearm ammunition" is read conjunctively, so a carrier may keep both the firearm and its ammunition in the vehicle under this provision (Op. Att'y Gen. 13-41 (2013); Op. Att'y Gen. 14-87).
The parking-lot rule applies to "any public or private parking area" with the exception described below for school property. That includes employer parking lots, retail parking, restaurant parking, and roadside rest areas.
The vehicle-parking rule has a federal-law limit and a clarification. Tennessee AG Opinion 22-02 (2022) states that a person who carries under Sec. 39-17-1307(g) and stores a handgun in a vehicle on the grounds of a school covered by the federal Gun-Free School Zones Act (18 U.S.C. Sec. 922(q)) risks prosecution unless an exception applies; Sec. 39-17-1313 "affords no protection when the transportation or storage of a firearm is prohibited by federal law." For permit holders, the federal Act contains an exception for individuals "licensed to do so by the State." Constitutional carriers do not get that exception and should not rely on Sec. 39-17-1313 to defeat a federal GFSZA charge.
Section 39-17-1313(c)(2)(A) defines "parking area" for purposes of the school-grounds carve-out as any property provided by a business, public or private employer, or property owner or manager for invitees, customers, clients, or employees to park privately owned motor vehicles. Subsection (c)(2)(B) excludes from the term "parking area" the grounds or property of an owner-occupied or tenant-occupied single-family detached residence.
Section 49-7-163 (added by 2016 Public Chapter 806) bars public colleges and universities from taking any adverse or disciplinary action against an employee or student "solely for such person's transportation and storage of a firearm or firearm ammunition in compliance with Sec. 39-17-1313 while on or using a parking area located on property owned, used, or operated by the postsecondary institution." In practice, this means an Enhanced or Concealed permit holder, or a permitless carrier, may store a firearm in a locked vehicle in a public-college parking area without academic discipline so long as Sec. 39-17-1313's stowage requirements are met.
Section 50-1-312 limits an employer's ability to prohibit an employee from transporting or storing a firearm or firearm ammunition in the employee's vehicle in a parking area the employer controls, provided the firearm is otherwise lawfully stored in compliance with Sec. 39-17-1313. (This is sometimes called Tennessee's "parking-lot law.")
The 2021 permitless-carry statute folds the constitutional carrier into the parking-lot rule. Sec. 39-17-1313(a) was amended to cover "a person who has a valid enhanced handgun carry permit or concealed handgun carry permit or who lawfully carries a handgun pursuant to Sec. 39-17-1307(g)." A permitless carrier therefore has the same stowage rights, and the same stowage obligations, as a permit holder when leaving a firearm in a parked vehicle.
If you are leaving your handgun in the car, work the rule in this order:
The Tennessee Department of Safety's "Safe and Secure Firearms in Tennessee" guidance pairs the legal rule with two practical recommendations: hide the firearm before exiting the vehicle (over 4,800 firearms were stolen from vehicles in Tennessee in 2021), and lock it in a secured area of the vehicle such as a trunk, glove box, or vehicle safe.
Sec. 39-17-1321 makes it an offense to possess a handgun while under the influence of alcohol or a controlled substance. It is not a "storage" rule in the safe-and-lockbox sense, but it functions as one for a carrier who has been drinking: the practical effect is that the handgun must be stored in a way that the carrier does not have ready access while impaired. Department-approved permit courses must include instruction on alcohol, drugs, and Sec. 39-17-1321 (see Sec. 39-17-1351(e)).
There is no general "unsafe storage" criminal offense in Tennessee.
A violation of the Sec. 39-17-1313 vehicle-stowage rule is enforced under the general weapons-possession statute (Sec. 39-17-1307) when the carrier loses the statutory exception. Because Sec. 39-17-1313 is structured as an authorization rather than as a stand-alone offense, the consequence of failing to comply (for example, leaving an unlocked firearm in plain view in an unattended vehicle) is the loss of the parking-area protection rather than a specific "improper storage" charge. The carrier becomes subject to whatever underlying offense would otherwise apply, including a possible Class C misdemeanor under Sec. 39-17-1307 for an unauthorized public carry, and to civil consequences such as theft loss.
For employers and property owners, Sec. 39-17-1313 includes a civil-immunity provision: an employer, property owner, or property owner's agent is shielded from criminal or civil liability for damages "resulting from or arising out of an occurrence involving the transportation, storage, possession, or use of a firearm" by a permit holder on the property, unless the employer commits a criminal act with the firearm or knew that the person using it would commit a criminal act on the premises.
Storage legislation is an active subject of debate in the General Assembly. Several recent or pending bills illustrate the direction of the proposals and the fact that none have been enacted as general law:
Until one of these proposals becomes law, the in-home storage decisions of Tennessee gun owners remain unregulated by criminal statute, and the only enforceable storage rule continues to be the vehicle-stowage rule in Sec. 39-17-1313.
| Setting | Statute | Rule |
|---|---|---|
| Private home, occupied | none | No state storage mandate. |
| Private home, juveniles present | none | No state child-access-prevention statute. General criminal-law exposure only. |
| Vehicle, you are in it | Sec. 39-17-1313(a)(2)(A) | Kept from ordinary observation from outside the vehicle. |
| Vehicle, you are not in it | Sec. 39-17-1313(a)(2)(B) | Kept from ordinary observation AND locked in the trunk, glove box, or vehicle interior, or in a container securely affixed to the vehicle. |
| Public-college parking area | Sec. 49-7-163; Sec. 39-17-1313 | Same as vehicle-stowage rule; institution may not discipline for compliance. |
| Employer parking area | Sec. 50-1-312; Sec. 39-17-1313 | Employer cannot prohibit storage that complies with Sec. 39-17-1313. |
| School grounds (federal GFSZA) | 18 U.S.C. Sec. 922(q); Sec. 39-17-1313(c) | State permit holders use the GFSZA "licensed by the State" exception. Permitless carriers risk federal prosecution. |
| Carry-permit training course | Sec. 39-17-1351(e); Sec. 39-17-1366(l)(1) | Course (since Oct. 1, 2023) must teach safe storage. |
| Retail purchase of safe or safety device | Public Chapter 592 (2021), as extended | Sales tax exempt. |
View this topic on its own page: Storage Requirements
Tennessee draws a sharp line between two transport problems, and the answer depends on which one you have.
If you are moving a firearm inside Tennessee by car, truck, or motorcycle, Tennessee law is unusually permissive. Any adult who can lawfully possess a firearm may transport and store one in a private motor vehicle, loaded or unloaded, with or without a permit, under § 39-17-1313. The detailed in-vehicle stowage rules and the post-2021 expansion to non-permit holders are covered in the Vehicle Carry section.
If you are moving a firearm across state lines, between states, or onto a commercial aircraft, train, or boat, federal law controls. The two most important federal rules:
The rest of this section is a state-specific operating guide built on those two rules and on Tennessee's own transport-related statutes (§ 39-17-1307(g), § 39-17-1313, § 39-17-1314, § 39-17-1351, § 39-17-1366).
FOPA is the federal "safe passage" rule. It overrides any conflicting state or local law that would otherwise criminalize an in-transit firearm. Tennessee secondary sources (including the Tennessee Gun Safety Course and Knoxville-based criminal defense summaries) describe FOPA as the controlling rule whenever you cross state lines.
To qualify for FOPA protection while passing through Tennessee or while driving from Tennessee to another state:
A locked trunk satisfies FOPA. A locked, hard-sided container in the cargo area of an SUV or hatchback satisfies it. The glove box and the center console specifically do not satisfy FOPA, even if you lock them.
FOPA is a defense, not a license. Stops, arrests, and seizures still happen, particularly in states that strictly regulate transport. The practical guidance from federal-register and ATF materials: keep the firearm and ammunition locked, keep your trip log or proof of destination available, and do not break the chain of transit longer than needed for fuel, food, and rest. Federal courts have held that overnight stops within a reasonable continuous journey remain protected, but the more time you spend in a state and the more you deviate from the route, the weaker the FOPA shield becomes.
Note on pending federal rulemaking: ATF published a proposed rule on May 6, 2026 (Docket ATF-2026-0133, RIN 1140-AA73) titled "Clarifying Interstate Transportation of Firearms Under the Gun Control Act." The comment period closes August 4, 2026. The proposed rule is informational at this point. It does not change the operative § 926A standard until finalized.
If you are passing through Tennessee carrying a handgun and you do not have a Tennessee permit and your home-state permit is not honored, Tennessee gives you two stacked layers of protection:
If you are a permit holder from another state and your permit is recognized in Tennessee, § 39-17-1313 also applies to you while you are physically in Tennessee. See the Reciprocity section for which out-of-state permits Tennessee recognizes.
A practical caution: although Tennessee does not require declaration of a firearm at the state line, federal Gun-Free School Zones Act exposure (18 U.S.C. § 922(q)) still attaches to anyone driving within 1,000 feet of an elementary or secondary school. The Tennessee Attorney General has formally opined that a person carrying or transporting a handgun under § 39-17-1307(g) (permitless carry) without an exception under the federal Act risks federal prosecution when within that 1,000-foot zone. A Tennessee or recognized out-of-state handgun carry permit is a federal Gun-Free School Zones Act exception. Permitless carry is not.
TSA enforces the federal rules at every Tennessee airport. The rule is uniform nationwide and the Tennessee airports listed by TSA (BNA Nashville, MEM Memphis, TYS Knoxville, CHA Chattanooga, TRI Tri-Cities, MKL Jackson) all apply it identically.
The procedure if you are flying from a Tennessee airport with a firearm:
Firearms in carry-on are not confiscated by TSA. TSA notifies law enforcement, who may seize the firearm and decide whether to charge under state or federal law. In Tennessee airports the civil penalty alone can reach approximately $15,000 per violation, plus TSA PreCheck eligibility revocation of up to five years.
TSA published a 2024 advisory noting 158 firearm discoveries at Tennessee airport checkpoints in the first half of 2024 (BNA 99, MEM 38, TYS 10, CHA 9, TRI 2, MKL 0). The advisory frames the discoveries as inadvertent carry-on by travelers who forgot they had a firearm in a bag they normally use as a daily carry. Practical takeaway for an instructor: students should pack and inspect their travel bags the day before a flight, not in the airport parking lot.
Replica firearms (including air-soft and inert training pistols) follow the same checked-baggage rule. They are prohibited in carry-on regardless of whether they can fire a projectile.
Amtrak has its own published firearms policy that is separate from TSA. The carrier's policy generally permits firearms in checked baggage only, with advance notice and at staffed stations that handle checked baggage, but the exact procedure and any advance-notice window can change. Confirm the current rule directly with Amtrak before booking. Memphis is the principal Tennessee Amtrak corridor.
The general rule of thumb: if you are taking a train across state lines and the rail carrier is a federally regulated common carrier, treat the firearm exactly as you would for an airline checked-baggage flight, plus the carrier's advance-notice rule.
There is no general federal rule comparable to FOPA for intercity bus carriage. Major intercity bus carriers generally prohibit firearms in carry-on or checked luggage as a matter of carrier policy. Check the specific carrier's published policy before travel. A Tennessee resident who needs to move a firearm interstate by bus realistically has to ship it instead (to an FFL at the destination) or drive.
Tennessee statutes do not contain a separate boat-carry rule. For a permit holder, a recognized out-of-state permit holder, or a person carrying under § 39-17-1307(g), carrying or transporting a handgun on a private boat in Tennessee waters is generally lawful subject to the same eligibility floor and place restrictions that apply on land. There is no published TWRA rule that treats firearms on a boat differently from firearms in a vehicle outside of the hunting context.
Practical points:
On private land, the property owner sets the rule. On public hunting lands (state Wildlife Management Areas and certain national forest hunting districts), TWRA hunting regulations govern firearm transport on off-road vehicles. A loaded long gun on a moving ATV is treated as hunting from a vehicle, which is prohibited on most TWRA lands; the firearm should be unloaded and cased while the ATV is moving. Lawful hunting transport is otherwise allowed.
Federal law (54 U.S.C. § 104906, codified after the 2010 amendment to the National Park Service organic act) allows possession of a firearm in a national park or national wildlife refuge if you may lawfully possess the firearm under the law of the state in which the federal area sits. Tennessee has multiple NPS units governed by this rule, including Great Smoky Mountains National Park (TN-NC), Fort Donelson National Battlefield, and Chickamauga and Chattanooga National Military Park (TN-GA), plus significant USFS land (the Cherokee National Forest). On the Tennessee-side portions of these parks, Tennessee law governs possession.
The NPS guidance for Fort Donelson summarizes the on-the-ground rule: handguns may be carried in line with Tennessee permit or permitless rules; long guns may not be openly carried off the property of a private individual or out of the home except for hunting, and hunting is prohibited within the Battlefield boundaries. The NPS pages for Great Smoky Mountains and Chickamauga and Chattanooga apply the same federal-park firearms framework, with the practical twist that Chickamauga and Chattanooga straddles the GA-TN line, so the controlling state law depends on which side of the boundary you are standing on.
Federal facilities themselves (visitor centers, ranger stations, post offices, federal courthouses, military installations) remain off-limits to firearms regardless of state law. 18 U.S.C. § 930. National park concessioner buildings often display federal "no-firearms" notices because they meet the federal-facility test.
When you leave Tennessee with a firearm, your route, your destination, and your permit status determine the rule:
The Ohio Attorney General's Tennessee reciprocity agreement, on file with the Ohio AG's office, states that "the licensees of each state, while within the jurisdiction of the other, shall comply with all of the foreign state's laws regarding possession, transportation, storage and use of concealed handguns." That phrasing is typical of all of Tennessee's reciprocity agreements. Your permit's portability does not import Tennessee law into the destination state. It only opens the door to carry under that state's rules.
You may ship a firearm to yourself (vacation, hunt, repair) or to a licensed dealer.
Tennessee state law contains no special shipping carve-out. The federal Gun Control Act and ATF regulations control.
Tennessee does not have a duty to inform an officer that you have a firearm in the vehicle. The Duty to Inform section covers this in detail. For a transport scenario specifically:
The same approach applies if you are transiting through Tennessee from another state. Have your home-state permit available even if Tennessee does not require it.
| Authority | What it does (transport angle) |
|---|---|
| 18 U.S.C. § 926A | Federal interstate-transport safe-passage rule (FOPA). Unloaded, inaccessible, locked container if no separate trunk. |
| 18 U.S.C. § 922(g) | Federal prohibited-person bar. Forecloses FOPA defense for prohibited persons. |
| 18 U.S.C. § 922(q) | Federal Gun-Free School Zones Act. 1,000-foot bar around K-12 schools; permit holders exempt. |
| 18 U.S.C. § 930 | Federal facilities firearm prohibition. |
| 49 CFR § 1540.111 / TSA rules | Air-travel firearm rules. Unloaded, locked hard-sided case, declared at check-in, checked baggage only. |
| 27 CFR Part 478 | ATF regulations on firearm shipping and interstate transport. |
| Tenn. Code § 39-17-1307 | Unlawful carrying or possession. Subsection (g) is the permitless-carry exception. |
| Tenn. Code § 39-17-1313 | Transport and storage of firearm in motor vehicle (broad in-state permission; see Vehicle Carry). |
| Tenn. Code § 39-17-1314 | State preemption of local firearm regulation, including transportation. |
| Tenn. Code § 39-17-1351 | Enhanced Handgun Carry Permit (broad reciprocity). |
| Tenn. Code § 39-17-1366 | Concealed Handgun Carry Permit (narrower reciprocity). |
| 54 U.S.C. § 104906 | National park firearm rule. State law of the state in which the park sits controls. |
View this topic on its own page: Transportation Laws
Tennessee has broad statutory preemption. Tenn. Code Section 39-17-1314 vests firearm regulatory authority in the General Assembly and bars every county, city, town, municipality, and metropolitan government from regulating the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, loan, licensing, registration, storage, or transportation of firearms or ammunition. The statute lists narrow carve-outs in subsection (b): regulation of local-government employees on duty, regulation of firearm discharge within local boundaries, and limited regulation of public-property carry through the Section 39-17-1359 posting framework. Subsection (g), as expanded by Public Chapter 329 (2025), gives any adversely affected party a private cause of action with declaratory and injunctive relief, damages, court costs, and attorney's fees against a political subdivision that adopts or enforces an ordinance violating preemption.
For a Tennessee carrier: if your conduct is lawful under state law, no Tennessee city or county may make it unlawful by ordinance. Local governments may regulate only (1) their own employees on duty, (2) firearm discharge within city limits (so long as the ordinance does not conflict with state law), and (3) permit-holder carry on locally owned property by following the posting and security-screening rules in Section 39-17-1359, including (for non-exempt buildings) metal detectors and trained inspection personnel.
A separate preemption statute, Tenn. Code Section 39-17-1329 (added by 2024 Tenn. Acts, ch. 1062, effective May 28, 2024), preempts the entire field of legislation regarding extreme risk protection orders. No Tennessee county or municipality may adopt a red-flag ordinance or accept outside funding to enforce one.
Tenn. Code Section 39-17-1314(a) is the preemption clause. The 2024 Tennessee Code provides:
Except as otherwise provided by state law or as specifically provided in subsection (b), the general assembly preempts the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof including, but not limited to, the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, loan, licensing, registration, storage, and transportation thereof, to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments or regulation. No county, city, town, municipality, or metropolitan government nor any local agency, department, or official shall occupy any part of the field regulation of firearms, ammunition or components of firearms or ammunition, or combinations thereof.
Two pieces of statutory language do the work. First, the General Assembly "preempts the whole field." This is field preemption, not just conflict preemption: the local government may not legislate in the area at all. The Tennessee Attorney General confirmed this reading in Op. 13-66, Op. 14-25, Op. 17-26, Op. 18-04, and Op. 21-13, and the Court of Appeals applied it in Tennessee Firearms Assoc. v. Metropolitan Gov't, 2017 WL 2590209 (Tenn. Ct. App. May 17, 2017).
Second, the list of preempted activities is broad and non-exclusive ("but not limited to"). The list of preempted entities is comprehensive: every county, city, town, municipality, and metropolitan government, plus any local agency, department, or official. The 1986 prospective-only grandfather clause that once preserved older local firearm ordinances was deleted from Section 39-17-1314(a) effective April 27, 2014 (Op. 17-26 n.1). As of 2014, every local firearm ordinance must conform to current Section 39-17-1314.
Subsection (b) authorizes local governments to regulate three categories. The Attorney General has read these narrowly.
Local-government employees and contractors on duty. Subdivision (b)(1) lets a city, county, town, municipality, or metropolitan government regulate "the carrying of firearms by employees or independent contractors . . . when acting in the course and scope of their employment or contract." This is subject to Section 39-17-1313 (vehicle storage by permit holders and lawful carriers). Op. 21-13 confirmed that this carve-out does not let a local-government employer bar off-duty employee possession that state law permits.
Discharge within local boundaries. Op. 13-66 reads the omission of "discharge" from Section 39-17-1314(a) as deliberate. A local government may prohibit firearm discharge within its jurisdiction so long as the ordinance does not conflict with Tennessee statutes or with Tennessee Wildlife Resources Commission rules governing permitted hunting. A self-defense exception applies: Tennessee law prohibits local municipalities from enforcing a no-discharge ordinance against a person who discharged a firearm in lawful self-defense or to prevent a crime.
Carry on locally owned public property (through Section 39-17-1359 posting). Section 39-17-1311 historically allowed local governments to prohibit handgun possession in public parks, playgrounds, civic centers, and other property owned or operated for recreational purposes. That carve-out has been narrowed. As of July 1, 2021 (Public Chapter 108), a local government may not prohibit an enhanced handgun carry permit holder from possessing a handgun on local-government property unless it provides a security system consisting of metal detectors and inspection by trained personnel under Section 39-17-1359(g)(1). The security-system requirement does not apply to schools, colleges or universities, libraries, licensed mental health and substance abuse facilities, law enforcement agency buildings, or courtrooms under Section 39-17-1359(g)(2), where signage alone is sufficient. For meetings of governing bodies, signage under Section 39-17-1359(a), (b), and (g) is the mechanism. Op. 18-04 confirms that counties and municipalities may not prohibit or otherwise regulate firearm possession on public property in a manner that conflicts with state law.
Subsection (f) of Section 39-17-1314 extends preemption to knives and other weapons: "no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of knives or other weapons." A local ordinance regulating concealed knives or non-firearm defensive tools is preempted on the same terms as a firearm ordinance.
Subsection (g) of Section 39-17-1314 gives any adversely affected party a private cause of action. Under subdivision (g)(1)(A), a party may sue a county, city, town, municipality, or metropolitan government, or any local agency, department, or official, if the party is adversely affected by:
The notwithstanding clause overrides title 29, chapter 20 (Governmental Tort Liability Act), title 9, chapter 8 (Board of Claims), and Section 20-13-102. Remedies include declaratory and injunctive relief, damages, court costs, and reasonable attorney's fees for the prevailing party.
Public Chapter 329 (2025) (HB 873 / SB 1360, effective July 1, 2025) amended subsection (g) to expand who counts as an "adversely affected party": a person who will be subject to a preempted ordinance in the future, or who reasonably intends to be physically present in the political subdivision, now qualifies. The 2025 amendment also consolidated the civil-action framework against arms dealers, manufacturers, and sellers and repealed former subsection (e). The fee-shifting provision makes private enforcement economically viable.
Subsections (c) and (d) of Section 39-17-1314 reserve to the state the authority to sue firearm or ammunition manufacturers, trade associations, and dealers for damages, abatement, or injunctive relief arising from the lawful design, manufacture, marketing, distribution, importation, or sale of firearms or ammunition. No county, city, town, municipality, or metropolitan government may bring such an action. Subsection (d) lists the limited categories an individual or political subdivision may bring (breach of contract, breach of express warranty, defects in materials or workmanship). Former subsection (e) was repealed by Public Chapter 329 (2025).
Tenn. Code Section 39-17-1329 is a separate preemption statute, added by 2024 Tenn. Acts, ch. 1062 (SB 2763 / HB 1640), effective May 28, 2024. Subsection (b) provides:
Except as otherwise provided by state law, the general assembly preempts the entire field of legislation regarding extreme risk protection orders to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments, or regulation.
Subsection (c) prohibits any political subdivision from accepting a grant or other funding to implement an order that would have the effect of enforcing an extreme risk protection order against a Tennessee resident. The statute defines an "extreme risk protection order" as a judicial order whose primary purpose is to reduce the risk of firearm-related death or injury by prohibiting a named individual from possession of a firearm or by removing or requiring its surrender. Domestic-violence protection orders under title 36, chapter 3, part 6 are expressly excluded.
Tennessee has no state red-flag statute. Section 39-17-1329 codifies that absence and bars cities and counties from filling the gap. Governor Lee signed the bill on May 28, 2024, after the General Assembly declined to enact a state red-flag framework during the 2023 special session following the Covenant School shooting.
Preemption is a doctrine about what local governments may regulate. Other layers continue to operate:
Tennessee state preemption is a different doctrine from federal preemption. Section 39-17-1314 is a state-law rule about what local governments inside Tennessee may regulate; the General Assembly preempts the local layer.
Federal preemption of state firearm law is much narrower. The Gun Control Act does not generally preempt state firearm law except in specific zones: 18 U.S.C. Section 926A (FOPA interstate transport, when the firearm is unloaded and inaccessible and the traveler is moving between two states where possession is lawful) preempts conflicting state and local law during qualifying transport. LEOSA preempts conflicting state law in its zone. Outside those zones, states may impose restrictions beyond federal minimums but may not remove federal restrictions. A Tennessee resident still cannot possess a firearm in violation of federal Section 922(g)(1) even where state law would otherwise permit.
The Tennessee Firearms Freedom Act and the 2014 expansion in SB 1756 / HB 2144 attempted to assert state authority over federal firearm regulation. Op. 14-24 and Op. 14-25 concluded those provisions would conflict with federal law and were either preempted or constitutionally infirm.
If you carry lawfully under state law (constitutional carry per Section 39-17-1307(g), an enhanced permit per Section 39-17-1351, or a concealed permit per Section 39-17-1366), no Tennessee city or county may make your conduct unlawful by ordinance. A local rule purporting to ban carrying on a public sidewalk, a publicly owned plaza, a city greenway, or a publicly accessible parking area is void unless it fits a Section 39-17-1314(b) carve-out or the Section 39-17-1359 posting framework. State-statutory prohibited places in Sections 39-17-1305, 39-17-1306, and 39-17-1309 operate under state authority and continue to apply.
If a local-government official, security guard, or police officer attempts to enforce a preempted ordinance against you:
The only local rules you must comply with are: Section 39-17-1314(b)(1) employment rules if you are a county or city employee on duty; local discharge ordinances (with the self-defense and crime-prevention exception under Op. 13-66); and Section 39-17-1359 posted-notice restrictions on locally owned property (with the metal-detector and trained-personnel requirement at non-exempt buildings under Section 39-17-1359(g)(1)).
Tennessee statutes:
Federal: 18 U.S.C. Section 922(g) (federal prohibitors), Section 922(q) (Gun-Free School Zones Act), Section 926A (FOPA interstate transport), Section 930 (federal facilities).
Tennessee Attorney General opinions: Op. 13-66 (local discharge ordinances permitted); Op. 14-24 and Op. 14-25 (federal-preemption limits on state nullification efforts); Op. 17-26 (zoning vs. firearm regulation); Op. 18-04 (interaction of Sections 39-17-1311 and 39-17-1314); Op. 21-13 (local-government employment policies); 2009 Nashville Metropolitan Legal Opinion 2009-03 (historical pre-2014 grandfather application to Metro park ordinance).
Case law: Tennessee Firearms Assoc. v. Metropolitan Gov't, 2017 WL 2590209 (Tenn. Ct. App. May 17, 2017); Capitol News Co., Inc. v. Metropolitan Gov't of Nashville and Davidson County, 562 S.W.2d 430 (Tenn. 1978); Haynes v. City of Pigeon Forge, 883 S.W.2d 619 (Tenn. Ct. App. 1994).
The operative rule has not changed. Section 39-17-1314 preempts the whole field of firearm regulation by Tennessee counties, cities, towns, municipalities, and metropolitan governments, subject only to the subsection (b) carve-outs and the Section 39-17-1359 posting framework. Section 39-17-1329 adds a second preempted field (extreme risk protection orders). Section 39-17-1314(g), as expanded in 2025, gives an adversely affected party a private cause of action with damages and attorney's fees against any political subdivision that adopts or enforces an ordinance violating the preemption statute.
View this topic on its own page: Tennessee State Preemption of Local Firearm Regulation
Tennessee has no Extreme Risk Protection Order (ERPO), Risk Protection Order, or "red flag" statute. No court in Tennessee can enter an order under a "risk" theory that strips a person of firearm possession outside an underlying criminal charge, a domestic-violence order of protection, or a mental-health commitment. There is no petition form, no civil ERPO procedure, and no Tennessee statute that lets a family member, a co-worker, a clinician, or a law enforcement officer ask a judge to remove firearms from someone in crisis on a stand-alone risk-assessment basis.
Tennessee has gone further than most non-adopting states. In 2024 the General Assembly affirmatively preempted the entire field. Tenn. Code Sec. 39-17-1329, added by Public Chapter 1062 (SB 2763 / HB 2035, signed by Gov. Bill Lee on May 28, 2024 and effective the same day), provides that "the general assembly preempts the entire field of legislation regarding extreme risk protection orders to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments, or regulation." Local governments may not enact red flag ordinances. Local governments are also prohibited from accepting a grant or other source of funding for the purpose of implementing an ERPO against a Tennessee resident. Sec. 39-17-1329(c).
Two things follow from that:
For a Tennessee carrier or instructor, the practical takeaway is short. The familiar prohibitors at Tenn. Code Sec. 39-17-1307 (felons, certain misdemeanants, persons subject to qualifying orders of protection, persons adjudicated mentally defective or involuntarily committed) and the federal prohibitors at 18 U.S.C. § 922(g) still apply. But no Tennessee court will issue an ERPO against you, and no Tennessee local government can issue one either.
A red flag law, or ERPO, is a civil court mechanism that temporarily bars an individual from firearm possession and compels surrender of any firearms in their custody on a finding that the person poses a significant risk to themselves or others. In states that have adopted them, ERPOs share a common structure:
That structure does not exist in Tennessee. The closest legislative attempts (described below) failed.
Tennessee's red flag debate has cycled three times: pre-Covenant attempts that died in committee, the 2023 special session triggered by the Covenant School shooting, and the 2024 preemption that codified the state's non-adoption.
Two ERPO-style bills were filed in the 112th General Assembly and both died in subcommittee. SB 0939 / HB 1292 (introduced February 2021) would have allowed a family member, household member, intimate partner, or law enforcement officer to petition for an emergency protection order on a finding that the respondent posed an imminent risk if allowed to possess or purchase a firearm. SB 0412 / HB 1588 (introduced February 2021) followed the more familiar ERPO template: a court could issue an extreme risk protection order on clear and convincing evidence of significant risk, with law enforcement officers or family / household members as authorized petitioners. The House versions of both bill packages failed in the Children & Family Affairs Subcommittee of the Civil Justice Committee in 2021 and 2022. The Senate versions stalled in the Senate Judiciary Committee.
On March 27, 2023, six people, three of them nine-year-old children, were killed in a shooting at The Covenant School in Nashville. Gov. Bill Lee, who had a personal connection to one of the adult victims, publicly called for a "temporary mental health order of protection." Per the Governor's office, that proposal was framed as narrower than a full ERPO and would have given gun owners a hearing within three to five days of a petition and a 48-hour surrender window if the court issued an order.
Lee convened a special legislative session in August 2023 to take up gun safety and mental health legislation. The General Assembly did not enact an ERPO or any "temporary mental health order of protection" during the special session. Per WPLN, the Tennessean, and WKRN reporting, the Republican supermajority publicly stated it would not support legislation resembling a red flag law, and the proposal was never formally presented during the session. The special session produced other measures (a school safety appropriation, free firearm-lock distribution under Tenn. Code Sec. 39-17-1328, and a public safe-storage campaign), but it did not produce an ERPO.
In the 2024 regular session, the General Assembly went the opposite direction. HB 2035 / SB 2763, sponsored by Rep. Jody Barrett (R-Dickson) and codified as Public Chapter 1062, preempted local ERPO ordinances and was signed by Gov. Lee on May 28, 2024 with immediate effect. The bill was codified as Tenn. Code Sec. 39-17-1329 - Extreme risk protection orders - Preemption of existing laws - Exceptions.
Per the statute:
The "except as otherwise provided by state law" clause in subsection (b) preserves room for the General Assembly to enact a statewide ERPO in the future. It does not authorize local enforcement of one in the meantime.
The bill's House sponsor described the policy choice on the floor: "If we allow every city, every county, every subdivision of the state to adopt their own idea of what they think is the best ex parte extreme risk protection order, we're going to have people who don't know what the law is if they pass the state line or they pass the city limit line." The Governor framed it as preserving room for a "unified, statewide solution."
ERPO bills continue to be filed and continue to fail. In the 114th General Assembly, HB 1222 / SB 1131 (the emergency-protection-order package) and HB 1390 / SB 1350 (the ERPO package, the latter also adding storage and waiting-period provisions) were introduced. HB 1222 failed in the Criminal Justice Subcommittee of the Judiciary Committee on April 1, 2025. HB 1390 failed for lack of a second in the Civil Justice Subcommittee on March 18, 2026. The Senate companions sit in general subcommittee or judiciary subcommittee without floor action. As of the build date of this guide, no ERPO bill has reached the Governor's desk.
For practical purposes, instructors should treat the issue as settled for the current cycle. No Tennessee ERPO statute exists, and the 2024 preemption (Sec. 39-17-1329) actively forecloses local-government workarounds.
Because Tennessee has no red flag statute, and because Sec. 39-17-1329 affirmatively preempts local ones:
Several Tennessee procedures can produce firearm-removal effects in narrow circumstances. None of them is a red flag law, and an instructor should not describe them as substitutes. They are listed here so students understand the actual landscape.
Tennessee's order-of-protection statute (Title 36, Chapter 3, Part 6) is the in-state proceeding most commonly confused with an ERPO. The petitioner must qualify as a "domestic abuse victim," a stalking victim, or a sexual-assault victim under the statute. The court can enter an ex parte order on a sworn petition and a noticed final order after hearing. A respondent subject to a qualifying order of protection is barred from firearm possession by federal law 18 U.S.C. § 922(g)(8) and may be required to surrender firearms under the state procedure. Sec. 39-17-1329(a)(2) expressly excludes Title 36, Chapter 3, Part 6 orders of protection from the ERPO definition. They are a separate tool with a domestic-relationship trigger.
ProPublica has documented that Tennessee's order-of-protection surrender mechanism allows a respondent to transfer firearms to a "third party" (a friend or relative) rather than to law enforcement. That third-party dispossession provision is statutory, controversial, and unique among gun-removal regimes. It is also outside the scope of ERPO law.
Tennessee's mental health and substance abuse code (Title 33) governs involuntary mental health treatment. Sec. 33-6-401 et seq. authorizes emergency commitment when a person poses an immediate substantial likelihood of serious harm to self or others. A formal involuntary commitment to a mental institution, or an adjudication as mentally defective, triggers the federal firearm prohibitor at 18 U.S.C. § 922(g)(4). The state-law commitment is also reflected in Tenn. Code Sec. 39-17-1316 (sale of firearms restrictions) and the firearm-eligibility framework. This is not a tailored firearm-removal tool. It is a clinical commitment proceeding with a collateral federal firearm consequence.
In any pending criminal case, a Tennessee judge may impose bond conditions, including a no-firearms condition. This is routine in domestic-violence, stalking, and assault cases. It is a court order in an existing criminal matter, not an ERPO.
Independent of any state mechanism, the federal prohibitors at 18 U.S.C. § 922(g) attach automatically based on certain records. The two most likely to come up in a red-flag-adjacent conversation are § 922(g)(4) (adjudicated mentally defective or committed to a mental institution) and § 922(g)(8) (subject to a qualifying intimate-partner protective order). § 922(g)(9) (Lautenberg amendment, misdemeanor crime of domestic violence) also reaches Tennessee misdemeanants. For the full prohibitor list, see RESTRICTIONS.
Tennessee runs the protective-order analysis in two directions. A person who petitions for and is granted an order of protection under Title 36, Chapter 3, Part 6 may apply for a temporary handgun carry permit under Tenn. Code Sec. 39-17-1365 within 21 calendar days of the order. That permit, available only to OP petitioners (not respondents), reflects the legislature's choice to give victims an expedited path to carry while the order is in effect. It is the inverse of the ERPO model: rather than disarming a respondent on a risk finding, it provides an accelerated permit to a person who has obtained a court finding of domestic abuse, stalking, or sexual assault against them.
Two pieces of consumer-facing content in the source archive misstate Tennessee's status. Instructors should correct both.
| Provision | Subject |
|---|---|
| Tenn. Code Sec. 39-17-1329 | ERPO preemption (no ERPO; locals cannot enact one) |
| Tenn. Code Sec. 39-17-1307 | Unlawful possession; state firearm prohibitors |
| Tenn. Code Sec. 39-17-1316 | Sales of firearms; restrictions tied to mental adjudications |
| Tenn. Code Sec. 39-17-1365 | Temporary handgun carry permit for OP petitioners |
| Tenn. Code Sec. 33-6-401 et seq. | Emergency mental health commitment |
| Tenn. Code Title 36, Ch. 3, Pt. 6 | Orders of protection (domestic abuse / stalking / sexual assault) |
| 18 U.S.C. § 922(g)(4) | Federal prohibition: adjudicated mentally defective or committed |
| 18 U.S.C. § 922(g)(8) | Federal prohibition: qualifying intimate-partner protective order |
| 18 U.S.C. § 922(g)(9) | Federal prohibition: misdemeanor crime of domestic violence |
| 2024 Tenn. Acts, ch. 1062 | Public Chapter codifying Sec. 39-17-1329; effective May 28, 2024 |
United States v. Rahimi (2024). In United States v. Rahimi, 602 U.S. ___ (2024), the U.S. Supreme Court upheld the federal firearm prohibition at 18 U.S.C. § 922(g)(8) for persons subject to a qualifying domestic-violence restraining order, holding the federal disability survives the historical-tradition test of N.Y. State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022). Rahimi is the controlling SCOTUS authority on the constitutionality of federal firearm disabilities tied to domestic-violence findings; it bears on any state-level red-flag / ERPO analysis to the extent those frameworks borrow federal § 922(g)(8) prohibitor mechanics.
View this topic on its own page: Tennessee Red Flag Laws
Tennessee defers to federal law on National Firearms Act items. Suppressors, short-barrel rifles (SBRs), short-barrel shotguns (SBSs), machine guns, destructive devices, and "any other weapons" (AOWs) are legal to own and possess in Tennessee if, and only if, the owner has cleared the federal registration process under the National Firearms Act (26 U.S.C. ss 5841-5862) and is not otherwise prohibited from possessing firearms. The state does not run its own NFA registry, does not charge a separate state tax, and does not require any state permit on top of an approved federal Form 4 or Form 1.
The mechanism sits inside Tennessee's general prohibited-weapons statute. Tenn. Code § 39-17-1302(a) makes it an offense to possess, manufacture, transport, repair, or sell a machine gun, a short-barrel rifle or shotgun (until amended in 2022), or a firearm silencer. Section 39-17-1302(b)(7) then provides a defense that swallows most ordinary NFA ownership: the prohibition does not apply where the item is "validly registered to the person under federal law in the National Firearms Registration and Transfer Records," and the owner retains proof of registration. If your suppressor, SBR, SBS, machine gun, destructive device, or AOW is registered to you (or to a trust or entity you control) under federal law and the transfer was approved by ATF, you are not committing a Tennessee crime by possessing it. If the federal paperwork is missing, lapses, or you are a prohibited person, every day of possession is a Tennessee felony.
Two recent Tennessee changes matter for daily practice. First, in 2022 the legislature removed short-barrel rifles and shotguns from the state list of prohibited weapons entirely (Public Chapter 1038, SB2628/HB2509, effective July 1, 2022). SBRs and SBSs are no longer prohibited by Tennessee law as such, although federal NFA registration is still required. Second, in 2025 the legislature expanded the state machine-gun definition to include any part or combination of parts designed and intended solely for converting a firearm into a machine gun (auto sears, "switches," forced-reset triggers, conversion kits), and raised possession of a machine gun from a Class E to a Class C felony (Public Chapter 513, SB1075/HB1093, effective July 1, 2025). Unregistered conversion devices are now a state felony on top of the existing federal felony.
Tenn. Code § 39-17-1302(a) is the operative prohibition. As of 2026 it reaches:
Short-barrel rifles and shotguns were listed in § 39-17-1302(a)(4) until 2022 Pub. Ch. 1038 removed them. That subdivision is now effectively struck.
A bare violation for an NFA-type item (machine gun, silencer, or, before 2022, SBR/SBS) was a Class E felony. As of July 1, 2025, machine gun possession is a Class C felony under Pub. Ch. 513. Violations involving hoax devices, knuckles, and the catchall subsection remain Class A misdemeanors. § 39-17-1302(d).
The definitional terms are set out at Tenn. Code § 39-17-1301. The Tennessee definitions are broader than the federal definitions on two important points:
Tenn. Code § 39-17-1302(b)(7) is the operative carve-out for ordinary NFA ownership. It provides a defense to prosecution where the conduct:
Involved acquisition or possession of a sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer which is validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision shall retain proof of registration.
That carve-out has three practical consequences:
In addition to § 39-17-1302(b)(7), § 39-17-1302(b)(1) supplies a separate defense for conduct incident to the performance of official duty in the armed forces, Tennessee National Guard, law enforcement, or penal institutions. Section 39-17-1302(b)(2) extends the defense to commercial transactions with those entities. These are the standard government and FFL pathways.
A separate affirmative defense at § 39-17-1302(c)(1) covers possession of an item described in subdivisions (a)(1)-(5) "solely as a curio, ornament or keepsake" so long as the weapon is in a non-functioning condition and could not readily be made operable. The owner bears the burden of proving this defense by a preponderance of the evidence. This is the path for deactivated machine guns and similar collector items.
Legal in Tennessee with federal NFA registration. Suppressors are the most common NFA item bought by Tennessee residents. The process runs through a Special Occupational Tax (SOT) Class 3 dealer, who submits your Form 4 with fingerprints and a photograph to ATF. After approval, you pick up the suppressor.
Suppressors remain listed at § 39-17-1302(a)(5) as prohibited weapons in Tennessee, but the federal-registration defense in § 39-17-1302(b)(7) covers any silencer "validly registered to the person under federal law." Practitioner sources describe the state status as "decriminalized" so long as federal NFA paperwork is in order. The midsouthgunlawyer summary captures the operative rule: "Silencers have been decriminalized in Tennessee, but still require federal licensing."
Tennessee Wildlife Resources Agency (TWRA) regulates suppressor use for hunting. Suppressors are generally permitted for hunting in Tennessee under TWRA's regulations, subject to species-specific restrictions; confirm the current hunting regulations on the TWRA website before relying on suppressor use afield.
A 2025 civil liability statute (Public Chapter 329, HB0873/SB1360, effective July 1, 2025) added silencers to Tennessee's list of "qualified products" for purposes of civil-immunity protections for firearm sellers and manufacturers. That is a tort-law change, not a criminal-law change, but it reflects a continuing legislative posture that suppressors are lawful consumer products in Tennessee when federally registered.
Federal tax treatment continues to evolve. ATF's 2026 NPRM on NFA marking (91 Fed. Reg., RIN 1140-AA70, comment period through July 6, 2026) proposes allowing makers to adopt certain pre-existing markings to satisfy NFA marking requirements, which affects manufacturers and importers rather than end-users. Tennessee's § 39-17-1302(b)(7) carve-out keys to registration under the NFA, not to the dollar amount of any transfer tax, so state status is unaffected by federal tax changes as long as the item remains registered.
Legal in Tennessee. Federal NFA registration still required. An SBR is a rifle with a barrel less than 16 inches or an overall length less than 26 inches. § 39-17-1301(14).
In 2022 the legislature removed short-barrel rifles and shotguns from the § 39-17-1302(a) list (Pub. Ch. 1038, SB2628/HB2509, effective July 1, 2022). The bill text, as reported on the Tennessee General Assembly subject index, reads: "removes a short-barrel rifle or shotgun from the list of weapons the possession, manufacture, transport, repair, or sale of which is prohibited under state law." Tennessee no longer prohibits SBRs and SBSs at the state level.
Federal NFA registration is still required. The 2022 amendment did not touch federal law; the National Firearms Act continues to require ATF Form 4 (transfer) or Form 1 (owner-built SBR) approval, fingerprints, photographs, the $200 federal transfer tax, and CLEO notification. Practitioner sources flagged that the 2022 change created public confusion, with some buyers incorrectly believing they could bypass federal requirements: "I believe it's a step in the wrong direction... the Tennessee legislature will already be prepared, should the NFA get abolished." Until and unless the NFA is repealed, a Tennessean possessing an unregistered SBR is committing a federal felony.
Pistol-brace configurations: when ATF reclassifies a braced pistol as an SBR, owners who do not have a Form 1 approval on file for the SBR configuration are committing a federal offense. Tennessee law no longer adds a parallel state offense, but federal exposure remains.
Legal in Tennessee. Federal NFA registration still required. An SBS is a shotgun with a barrel less than 18 inches or an overall length less than 26 inches. § 39-17-1301(14).
The mechanics are the same as for SBRs. Pub. Ch. 1038 (2022) removed SBSs from § 39-17-1302(a). Federal Form 4 (transfer) or Form 1 (manufacture) registration is still mandatory.
Legal in Tennessee with federal NFA registration, but tightly restricted by the federal Hughes Amendment. Machine guns are dual-regulated. The Tennessee rule at § 39-17-1302(a)(3) prohibits machine gun possession. The federal rule at 18 U.S.C. § 922(o) prohibits civilian possession of any machine gun manufactured after May 19, 1986. The combined effect:
Tennessee's machine-gun definition at § 39-17-1301(10) is broader than the federal definition (more than two shots per trigger function in Tennessee versus more than one shot per trigger function federally), but anything that meets the federal definition also meets the broader state definition, so the federal definition controls in practice.
2025 changes. Public Chapter 513 (SB1075/HB1093, effective July 1, 2025) made two significant amendments. First, it expanded the state definition of "machine gun" to include any part, or combination of parts, designed and intended solely for use in converting a firearm into a machine gun. Second, it increased the classification for the intentional or knowing possession, manufacture, transport, repair, or sale of a machine gun from a Class E felony to a Class C felony. A Tennessee conviction for possessing an unregistered "Glock switch" or similar conversion device now carries a Class C felony penalty in addition to the federal felony under 18 U.S.C. § 922(o).
The federal-registration defense in § 39-17-1302(b)(7) still applies. Treat a federally registered pre-1986 machine gun like any other NFA item in Tennessee: keep the stamp, do not let the federal registration lapse, and do not transfer it outside ATF channels.
Legal in Tennessee with federal NFA registration. Destructive devices include grenades, large-bore firearms (greater than half-inch caliber, excluding most shotguns under federal sporting-purposes determinations), and certain explosives. The federal definition is at 26 U.S.C. § 5845(f).
Tennessee's § 39-17-1302(a)(1) and (a)(2) prohibit explosives and explosive weapons. The § 39-17-1302(b)(7) federal-registration defense, although phrased in terms of "sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer," does not by its terms cover destructive devices. However, § 39-17-1302(b)(2) (lawful commercial transactions with FFLs and military agencies) and (b)(3) (use of an explosive weapon "in a manner reasonably related to a lawful industrial or commercial enterprise") provide pathways for the federally registered destructive-device owner.
The Tennessee statute on destructive devices is the softest area of the NFA framework in this state. The topic archive does not contain a Tennessee Attorney General opinion or court decision directly resolving the status of a federally registered destructive device held by a private collector. Sources flag this as a gap. The conservative reading is that federal Form 4 registration is necessary but may not be sufficient at the state level for a non-commercial private collector. Practitioners considering a destructive-device purchase in Tennessee should consult a Tennessee-licensed firearms attorney before relying on § 39-17-1302(b).
The $200 federal transfer tax applies to destructive devices regardless of state status.
Legal in Tennessee with federal NFA registration. AOWs are the catchall federal category at 26 U.S.C. § 5845(e). They include pen guns, cane guns, smoothbore pistols, certain disguised firearms, and "wallet holsters" that retain a pistol's trigger guard. The federal transfer tax for an AOW is $5, not $200, which is why some collectors specifically pursue them.
Tennessee has no separate AOW category. The federal registration is the operative document. To the extent an AOW also fits the definition of a "firearm silencer" or otherwise falls within § 39-17-1302(a), § 39-17-1302(b)(7) supplies the state-law defense.
The process is identical to other federally-deferring states:
Tennessee has no state-specific add-on. There is no Tennessee Bureau of Investigation registration of NFA items, no separate state training requirement, and no probate filing for individually owned items.
Lawful NFA ownership does not override Tennessee's other firearm rules:
Standard semi-automatic rifles (AR-15, AK-pattern), standard pistols, standard shotguns with barrels 18 inches or longer, and standard rifles with barrels 16 inches or longer are not NFA items. Tennessee has no "assault weapon" ban that reclassifies them. The state constitutional carry statute at § 39-17-1307(g) and the Enhanced and Concealed permit framework at §§ 39-17-1351 and 39-17-1366 cover handgun carry; long guns are governed by the general going-armed and prohibited-weapon framework.
Body armor is not NFA. Tennessee has no state body-armor possession ban for non-prohibited adults (federal 18 U.S.C. § 931 bars violent-felony convicts from possessing body armor).
NFA-specific reporting rules sit at the federal level and apply equally in Tennessee:
NFA law moves on two tracks. The federal track changes whenever Congress modifies 26 U.S.C. Chapter 53 or ATF issues a rule (the 2026 marking NPRM and pistol-brace reclassifications are recent examples). The Tennessee track changes when the General Assembly amends § 39-17-1301 or § 39-17-1302 (the 2022 SBR/SBS removal and the 2025 machine-gun amendments are recent examples). Before buying, building, or transporting an NFA item, confirm:
When the law is in flux, an approved tax stamp on file and a current copy of the federal registration with the item remain the surest defense at both the federal and Tennessee state levels.
| Statute or rule | What it does (NFA angle) |
|---|---|
| Tenn. Code § 39-17-1301 | Definitions: "firearm," "machine gun" (more than two shots per trigger function), "short barrel" (less than 16" rifle, less than 18" shotgun, or less than 26" overall) |
| Tenn. Code § 39-17-1302(a) | Prohibited-weapons list: machine guns, firearm silencers, explosives and explosive weapons; SBRs and SBSs removed by Pub. Ch. 1038 (2022) |
| Tenn. Code § 39-17-1302(b)(1)-(2) | Defense for military, law enforcement, penal, and lawful commercial transactions |
| Tenn. Code § 39-17-1302(b)(7) | Federal-registration defense: NFRTR-registered machine guns, silencers, sawed-off rifles/shotguns; owner must retain proof of registration |
| Tenn. Code § 39-17-1302(c)(1) | Affirmative defense for non-functioning curio/ornament/keepsake possession |
| Tenn. Code § 39-17-1302(d) | Penalty grades: Class C felony for machine guns (post-Pub. Ch. 513, 2025); Class E felony for other (a)(1)-(5) items; Class A misdemeanor for (a)(6)-(8) |
| Pub. Ch. 1038 (2022, SB2628/HB2509) | Removed short-barrel rifles and shotguns from § 39-17-1302(a), effective July 1, 2022 |
| Pub. Ch. 513 (2025, SB1075/HB1093) | Expanded "machine gun" to include conversion parts; raised possession from Class E to Class C felony, effective July 1, 2025 |
| Pub. Ch. 329 (2025, HB0873/SB1360) | Added silencers to "qualified products" for civil-liability protection of sellers and manufacturers, effective July 1, 2025 |
| 26 U.S.C. §§ 5841-5862 | National Firearms Act; NFRTR registration, Form 1/Form 4/Form 5, transfer tax |
| 18 U.S.C. § 922(o) | Hughes Amendment: civilian possession of post-May 19, 1986 machine guns prohibited |
| 27 CFR Part 479 | ATF NFA regulations: machine guns, destructive devices, and certain other firearms |
| ATF NPRM, RIN 1140-AA70 (May 2026) | Proposed NFA-marking rule; comments due July 6, 2026; affects manufacturers and importers |
Bump stocks - Garland v. Cargill (2024). In Garland v. Cargill, 602 U.S. ___ (2024), the U.S. Supreme Court struck down the federal regulation classifying bump stocks as machineguns under the National Firearms Act. As a matter of FEDERAL law, bump stocks are no longer NFA-regulated. State law may still independently restrict bump stocks; consult your state's RESTRICTIONS section for any state-level bump-stock prohibition.
P.L. 119-21 NFA tax (2026). Effective January 1, 2026, P.L. 119-21 (the One Big Beautiful Bill Act, signed July 4, 2025) reduced the federal NFA making and transfer tax to $0 for silencers, SBRs, SBSs, and AOWs. Machine guns and destructive devices retain the $200 tax. The federal registration requirements (Form 1 / Form 4, fingerprints, photographs, CLEO notice) remain unchanged.
This section gathers the official sources, training portals, statutes, and reference materials Tennessee carriers and CCW instructors need. Tennessee is a two-tier permit state (Enhanced under Tenn. Code 39-17-1351 and Concealed-only under Tenn. Code 39-17-1366) with permitless ("constitutional") carry layered on top under Tenn. Code 39-17-1307(g). Each of those regimes has a different set of operational sources. Cross-check anything in this guide against the statute and the issuing agency before you rely on it.
A reading hierarchy keeps you out of trouble. The statute is the law. The Tennessee Code (LexisNexis on the Secretary of State portal, and Justia) publishes the statute. Agency portals (the Tennessee Department of Safety and Homeland Security Handgun Carry Permit Office, the Tennessee Bureau of Investigation, and the Attorney General) publish operative implementation rules, the reciprocity list, and binding opinions. The Tennessee General Assembly publishes bill history and amendments. Practitioner and advocacy sites (the Tennessee Firearms Association in particular) give plain-English summaries you should cross-check against the statute. Treat any source older than the most recent legislative session as suspect.
https://www.tn.gov/safety/tnhp/handgun.html. Statewide issuing authority for both the Enhanced Handgun Carry Permit (Tenn. Code 39-17-1351) and the Concealed Handgun Carry Permit (Tenn. Code 39-17-1366). Applications, status checks, instructor information, and the handgun carry permit FAQ all live under this hub.https://www.tn.gov/safety/tnhp/handgun/permittypes.html. Side-by-side comparison of the Enhanced and Concealed-only permits: fees, training requirements, term, and scope of carry.https://www.tn.gov/safety/tnhp/handgun/eligibilityrequirements.html. The agency's checklist of state and federal disqualifiers (felony conviction, certain misdemeanors, mental commitment, controlled-substance use, etc.) tied to Tenn. Code 39-17-1351 and 18 U.S.C. 922(g).https://www.tn.gov/safety/tnhp/handgun/handgunlaws.html. Curated agency summary of the operative carry statutes and place restrictions under Title 39, Chapter 17, Part 13.https://www.tn.gov/safety/tnhp/handgun/apply.html. The online application gateway. Applications are submitted electronically; fingerprinting happens in person at any Tennessee Driver Services Center.https://www.tn.gov/safety/tnhp/handgun/faq.html. Plain-language answers from the issuing agency on application timing, training, renewal, fingerprinting, address changes, and lost/stolen permits.https://www.tn.gov/safety/tnhp/handgun/reciprocity.html. The official list of states whose permits Tennessee honors and states that honor each Tennessee permit. The Enhanced permit travels broadly; the Concealed-only permit travels less. Verify before any out-of-state trip.https://www.tn.gov/safety/tnhp. THP runs the Handgun Carry Permit Office. The THP main page is where to find contact information for the permit office and for traffic-stop policy questions.https://www.tn.gov/safety. Parent of THP, Driver Services, and the Handgun Carry Permit Office. Useful for finding the nearest Driver Services Center for fingerprinting and for the agency's broader rule and policy postings.https://www.tn.gov/tbi/divisions/cjis-division/firearm-background-checks.html. TBI is the state point of contact for the federal NICS check at Tennessee FFLs. Information on Tennessee Instant Check System (TICS) operation, FFL transfer mechanics, and appeal procedures for denied transfers.https://www.tn.gov/attorneygeneral/opinions.html. Searchable index of formal AG opinions. AG opinions are not binding on courts but are persuasive authority on how Tennessee law operates. Opinions on firearm questions are common.https://capitol.tn.gov/ and https://wapp.capitol.tn.gov/. Bill tracking, legislative history, and the Public Chapter archive. Use this to verify whether Public Chapter 108 (2021, constitutional carry) or Public Chapter 829 (2024, 18-20 age extension) or any later amendment changed the rule you are about to rely on.https://publications.tnsosfiles.com/. State-published code repository. The Tennessee Code Annotated is also available in indexed form through the LexisNexis free public access portal linked from the Secretary of State.https://www.tn.gov/twra.html. Regulates hunting, including which firearms, calibers, and ammunition are legal for which species and seasons. The TWRA hunting guide is the operative reference for any firearm question that arises in a hunting context.https://www.atf.gov/. Federal firearm regulation, FFL licensing, NFA (National Firearms Act) forms, and the eForms portal at https://eforms.atf.gov/. The NFA reference page is https://www.atf.gov/rules-and-regulations/laws-alcohol-tobacco-firearms-and-explosives/national-firearms-act.https://www.fbi.gov/services/cjis/nics. Federal background check system. Tennessee FFL handgun and long-gun transfers run through NICS via TBI's TICS as the state point of contact. The Enhanced permit and (where currently honored) the Concealed-only permit each qualify as a NICS alternative for handgun purchases at Tennessee FFLs under ATF policy.https://www.justice.gov/criminal/criminal-firearms. Federal firearm prosecution policy and resources, including 18 U.S.C. 922(g) prohibitor enforcement.https://www.law.cornell.edu/uscode/. Free annotated U.S. Code. Primary reference for 18 U.S.C. 922 (federal prohibitor categories), 18 U.S.C. 926A (FOPA peaceable journey rule for interstate transport), 18 U.S.C. 922(q) (Gun Free School Zones Act), 18 U.S.C. 930 (federal facilities), and 26 U.S.C. Chapter 53 (NFA).The two primary public-access points to the Tennessee Code Annotated:
https://law.justia.com/codes/tennessee/title-39/. Free, searchable, and current to the most recent codification. Title 39 Chapter 17 Part 13 (Weapons) and Title 39 Chapter 11 Part 6 (Justification) are the chapters this guide cites throughout.Key statutes a Tennessee carrier should bookmark:
Tennessee allows three lanes of formal training. The Department of Safety publishes lists and rules:
https://www.tn.gov/safety/tnhp/handgun.html and follow the instructor links.Verify any commercial trainer's Department approval before paying for a class. The Department maintains the authoritative roster.
These are secondary sources. Use them to learn and to cross-check, not to settle a specific legal question.
https://www.tennesseefirearms.com/. State-level firearm advocacy group. Maintains an indexed archive of Tennessee Attorney General opinions on firearm questions and publishes commentary on pending legislation. Useful as a starting point for finding AG opinions by topic.https://www.nraila.org/gun-laws/state-gun-laws/tennessee/. State summary updated for major changes. Treat as a starting point only; verify against the statute.https://www.usccarry.com/concealed-carry-permit-information/tennessee/. State summary and reciprocity map. Reciprocity in particular should be verified against the Tennessee Department of Safety reciprocity page before relying on it.https://handgunlaw.us/states/tennessee.pdf. Practitioner-maintained PDF summary. Cross-check publication date before relying on any specific rule.Tennessee handgun carry permit records are confidential under Tenn. Code 39-17-1356. The general public cannot look up another individual's permit status. A permit holder can confirm their own status through the Department of Safety online portal at https://www.tn.gov/safety/tnhp/handgun.html. Law-enforcement officers verify status through the state law-enforcement information system during a stop.
This guide is silent on (1) the discretionary fee waivers the Department of Safety may grant in narrow categories, (2) any specific commercial trainer's curriculum, (3) the operational details of TWRA hunting regulations beyond noting that they apply, and (4) federal firearm offense prosecution policy in the three U.S. Attorney districts that cover Tennessee. For those, go directly to the issuing agency.
Tennessee firearm statutes change every legislative session. Public Chapter 108 (2021) created constitutional carry. Public Chapter 829 (2024) extended it to ages 18-20. Future sessions will continue to modify Title 39, Chapter 17. Before relying on any rule in this guide, check the Tennessee General Assembly bill tracker at https://wapp.capitol.tn.gov/ for any later Public Chapter amending the cited section.
View this topic on its own page: Tennessee Concealed Carry Resources
This FAQ answers the questions Tennessee carriers and CCW students ask most often. Every answer is grounded in current Tennessee statute or Tennessee Department of Safety guidance, with cross-references to the dedicated section of this guide that covers the topic in full.
No. Tennessee is a permitless ("constitutional") carry state. Under Tenn. Code 39-17-1307(g), any adult age 18 or older who is lawfully in possession of a handgun and is not otherwise prohibited from possessing a firearm may carry it openly or concealed in public without a permit. The 18-and-older threshold was added by Public Chapter 829 in 2024; before that the floor was 21 (and 18 for active-duty or honorably discharged military). Constitutional carry does not exempt you from the place restrictions in Title 39 Chapter 17 Part 13, and it does not provide reciprocity in other states. See the CONSTITUTIONAL_CARRY section.
Four practical reasons. (1) Reciprocity. Many other states recognize a Tennessee Enhanced Handgun Carry Permit (Tenn. Code 39-17-1351); fewer recognize the Concealed-only permit (Tenn. Code 39-17-1366); none recognize Tennessee permitless carry. (2) Federal Gun-Free School Zones Act exemption. Under 18 U.S.C. 922(q), carrying within 1,000 feet of a K-12 school is a federal crime, with a carve-out for holders of a state-issued license that required a background check. A Tennessee Enhanced or Concealed-only permit fits that carve-out; constitutional carry alone does not. (3) NICS-qualifying alternative (Enhanced permit only). The ATF's published Brady Permit Chart currently lists Tennessee's Enhanced Handgun Carry Permit as a NICS alternative at a Tennessee FFL counter. The Concealed-only permit is NOT currently on that chart, so a CHCP-only buyer should expect a NICS check. Verify the chart at atf.gov before relying on this. (4) Demonstrating lawful carry on a traffic stop. Producing the permit is the cleanest way to show an officer you are lawfully armed. See PERMIT_BASICS.
Both are issued by the Tennessee Department of Safety and Homeland Security. The Enhanced Handgun Carry Permit (Tenn. Code 39-17-1351) costs $100 for an initial 8-year permit, requires 8 hours of in-person training including a live-fire qualification, and covers both open and concealed carry. The Concealed Handgun Carry Permit (Tenn. Code 39-17-1366) costs $65 for an initial 8-year permit, allows a 90-minute online training option with no live-fire requirement, and covers concealed carry only. Reciprocity for the Enhanced permit is broader than for the Concealed-only permit. See PERMIT_BASICS and CONCEALED_CARRY for the full breakdown.
Yes, if you are either a constitutional carrier under Tenn. Code 39-17-1307(g) (age 18 or older and not prohibited) or an Enhanced permit holder under Tenn. Code 39-17-1351. The Concealed Handgun Carry Permit under Tenn. Code 39-17-1366 does not authorize open carry. See OPEN_CARRY.
Yes. Tenn. Code 39-17-1307(g) does not distinguish between open and concealed carry. Constitutional carriers may carry concealed or openly. See CONCEALED_CARRY.
18 for both the Enhanced and the Concealed-only permit, following the federal court decision in Beeler v. Long and the Tennessee legislature's codification of the lower age in Public Chapter 829 (2024). The Tennessee Department of Safety states the minimum age requirement for a Tennessee Handgun Carry Permit is 18. Federal law still requires a person to be 21 to purchase a handgun from an FFL under 18 U.S.C. 922(b)(1). Long guns (rifles and shotguns) may be purchased from an FFL at age 18 under federal law.
Yes, permanently, under the Lautenberg Amendment, 18 U.S.C. 922(g)(9). A misdemeanor crime of domestic violence (MCDV) - any misdemeanor that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon, committed against a current or former spouse, parent, guardian, person with a child in common, cohabitant, or similarly situated person - triggers a federal lifetime firearm-possession bar that is independent of Tennessee law. The federal bar applies even when the state-court conviction did not involve a firearm and even when no firearm-related penalty was imposed at sentencing. The 2024 U.S. Supreme Court decision in United States v. Rahimi reaffirmed that federal firearm disabilities tied to domestic-violence findings remain constitutional.
Online through the Tennessee Department of Safety and Homeland Security at https://dl.safety.tn.gov by selecting "Apply for a Permit" under the Handgun Carry Permits section. Original-permit applicants must be fingerprinted to be processed; fingerprinting is performed at any Tennessee Driver Services Center. Tennessee uses a state-issuing model: sheriffs do not issue handgun carry permits.
Processing time varies with application volume. The Tennessee Department of Safety publishes current processing timelines on its Handgun Carry Permit page; check there for the up-to-date estimate before applying. See APPLICATION_PROCESS.
Both permits issue for 8 years on initial application and on renewal. See RENEWAL_PROCESS.
Enhanced permit: $100 initial fee for an 8-year permit ($65 with active military ID or DD-214 listing honorable discharge), and $50 renewal. Concealed-only permit: $65 initial fee for 8 years; $50 renewal. Fingerprint fees and the training course are separate, and fees are non-refundable. See FEES_COSTS.
Online through the Department of Safety portal. The Tennessee Department of Safety states new fingerprinting is not required for renewals, duplicates, upgrading from an 8-year to Lifetime, or upgrading from Concealed to Enhanced. See RENEWAL_PROCESS.
The Tennessee Department of Safety states you can renew a handgun carry permit up to one renewal cycle (8 years) past the expiration date by completing an application and paying the renewal fee. You may not legally carry on the lapsed permit during that gap; the renewal restores your authority once it is issued. After 8 years past expiration the permit cannot be renewed and you must apply as a new applicant. See RENEWAL_PROCESS.
No. Tennessee law makes handgun carry permit records confidential, with narrow law-enforcement exceptions. The Department of Safety treats permit application and holder data as protected, and the NRA-ILA right-to-carry summary for Tennessee notes the confidentiality protection. See APPLICATION_PROCESS for the records side of the process.
Yes, if you are a permit holder, you are not consuming alcohol, and the establishment has not posted a notice prohibiting weapons under Tenn. Code 39-17-1359. The "no consumption" rule for an armed permit holder is in Tenn. Code 39-17-1321, which covers possession of a handgun while under the influence; that rule is statutory and not optional. See PROHIBITED_PLACES and UNDER_INFLUENCE.
No. Tenn. Code 39-17-1309 prohibits firearms on school property, including K-12 schools, school buses, and most areas of a college or university campus. Vehicle stowage in a school parking lot is allowed under Tenn. Code 39-17-1313(c) so long as the firearm is not handled or removed from the vehicle. See PROHIBITED_PLACES.
Generally yes for permit holders, with carve-outs. Tenn. Code 39-17-1311 governs carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds, and includes specific authorizations for permit holders to carry in parks, though local school athletic events and similar specific venues remain prohibited. Verify any park-specific posted notice. See PROHIBITED_PLACES.
No. 18 U.S.C. 930 makes it a federal offense to possess a firearm in a federal facility, including U.S. Post Office property and its parking lots. See PROHIBITED_PLACES.
Yes, broadly. Tenn. Code 39-17-1313 authorizes any person who lawfully possesses a firearm to transport and store it in a motor vehicle the person owns or controls, openly or concealed, loaded or unloaded. This rule applies whether you have a permit, constitutional-carry status, or neither. See VEHICLE_CARRY.
No. Tenn. Code 39-17-1306 prohibits carrying weapons during judicial proceedings, which covers active courtrooms and the conduct of court business. Public meetings have their own posting and carve-out rules under Tenn. Code 39-17-1359, and county jails and similar secured law-enforcement facilities are off-limits by separate statutory and administrative rule. See PROHIBITED_PLACES.
Yes. Tenn. Code 39-11-611(b) codifies that a person has no duty to retreat before using force, including deadly force, in any place the person has a right to be, so long as the other elements of self-defense are satisfied. See USE_OF_FORCE.
Yes. Tenn. Code 39-11-611(c) establishes a presumption that a person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling, or vehicle held a reasonable belief of imminent death or serious bodily injury when the force is used against an unlawful, forcible intruder. The presumption is rebuttable and is subject to the exclusions in subsection (d). See CASTLE_DOCTRINE.
Tenn. Code 39-11-622 provides civil and criminal immunity for a person who uses force in justifiable self-defense, defense of others, or defense of habitation. The immunity is not automatic; it must be raised, and the prosecution or plaintiff can rebut it. See USE_OF_FORCE.
No. Tennessee has no statutory duty to inform a peace officer that you are carrying a firearm during a traffic stop or other encounter. If asked directly, do not lie. See DUTY_TO_INFORM.
No. Tenn. Code 39-17-1321 prohibits possession of a handgun while under the influence of alcohol or a controlled substance, and it applies whether you carry as a permit holder or under constitutional carry. A permit holder who consumes alcohol while armed on premises that sell alcohol for on-premises consumption falls squarely within that prohibition. See UNDER_INFLUENCE.
The Enhanced permit travels broadly. The Concealed-only permit travels less. Tennessee permitless carry does not travel. The Tennessee Department of Safety publishes the current reciprocity list at https://www.tn.gov/safety/tnhp/handgun/reciprocity.html. Verify before any out-of-state trip; reciprocity changes by statute, by reciprocity agreement, and by AG opinion. See RECIPROCITY.
Yes, broadly. Under Tenn. Code 39-17-1351(r), a facially valid handgun permit, firearms permit, weapons permit, or license issued by another state is valid in Tennessee according to its terms and is treated as if it were a Tennessee handgun permit, limited to handguns. Tennessee also honors non-resident permits from states that honor the Tennessee permit. A non-resident who is not a Tennessee permit holder may still carry in Tennessee under Tenn. Code 39-17-1307(g) (constitutional carry) if they meet the age-18 threshold, lawfully possess the handgun, and are not otherwise prohibited. The Department of Safety reciprocity page lists the recognized state permits. See RECIPROCITY.
Yes, under 18 U.S.C. 926A (FOPA peaceable journey), so long as you may lawfully possess the firearm at your point of origin and at your destination, the firearm is unloaded, and (in a vehicle without a separate locked compartment) the firearm and ammunition are stored in a locked container other than the glove compartment or console. Inside Tennessee, the broad vehicle-storage rule in Tenn. Code 39-17-1313 also lets any person who may lawfully possess a firearm keep it in a motor vehicle they own or control. See TRANSPORT.
For purchases at a licensed dealer (FFL), yes. The dealer runs a NICS check through the Tennessee Bureau of Investigation's TICS system. A current Tennessee Enhanced or Concealed-only permit qualifies under federal regulation as a NICS-check alternative at a Tennessee FFL. See OTHER.
No. Tennessee does not require background checks on private intrastate firearm sales between two Tennessee residents. Federal law still prohibits a sale to a person the seller knows or should know is prohibited under 18 U.S.C. 922(d). See OTHER.
No. Tennessee has no state waiting period for firearm purchases.
No. Tennessee has no magazine capacity limit. See OTHER.
No. Tennessee has no Extreme Risk Protection Order or "red-flag" statute. Federal prohibitor categories under 18 U.S.C. 922(g) still apply, including the protective-order category for orders that meet the federal due-process criteria. See RED_FLAG.
There is no general state safe-storage mandate for adults. Tenn. Code 39-17-1320 and related statutes regulate sale and transfer to juveniles, and federal CALEA-style rules can apply to certain federally licensed transfers. See STORAGE.
Yes, with federal compliance. Suppressors, short-barreled rifles, short-barreled shotguns, and machine guns registered under the National Firearms Act and lawfully transferred under ATF rules are legal to possess in Tennessee. Tennessee does not impose additional state-level NFA registration or licensing beyond federal law. See NFA_ITEMS.
No, with narrow exceptions. Tenn. Code 39-17-1314 broadly preempts local firearm ordinances. Political subdivisions may not regulate the use, transfer, transportation, taxation, manufacture, ownership, possession, carrying, or transportation of firearms or ammunition. The preemption is one of the strongest in the country. See PREEMPTION.
Posted-notice rules under Tenn. Code 39-17-1359 apply to specific buildings under the place-restriction statutes (judicial proceedings, schools, certain government buildings). A city may post its specific buildings consistent with state authority, but it cannot create a citywide carry ban. See PROHIBITED_PLACES and PREEMPTION.
If you have a permit, give the officer your driver license and (if you choose, or if asked) the permit. Tennessee has no statutory duty to inform, but volunteering the permit can simplify the encounter. Comply with reasonable officer-safety instructions about hand placement. See DUTY_TO_INFORM.
No. Federal law (49 U.S.C. 46505) prohibits carrying a firearm onto a commercial aircraft. Checked, declared, and locked firearms in checked baggage are allowed under TSA rules; the relevant TSA guidance is the operative reference. See TRANSPORT.
You may carry under Tenn. Code 39-17-1307(g) (constitutional carry) if you meet the age and prohibitor criteria. You may also apply for a Tennessee permit. There is no statutory grace period for surrendering an out-of-state permit, but Tennessee's reciprocity list still controls until you obtain a Tennessee permit. See PERMIT_BASICS.
Tennessee issues permits to non-residents who meet the same eligibility criteria as residents. Apply through the Department of Safety online portal. See APPLICATION_PROCESS.
For any question above, the authoritative chain is statute -> agency rule -> AG opinion. Cross-check against Tenn. Code Title 39 Chapter 17 Part 13 on Justia at https://law.justia.com/codes/tennessee/title-39/, the Department of Safety Handgun Carry Permit pages at https://www.tn.gov/safety/tnhp/handgun.html, and the Tennessee Attorney General opinions at https://www.tn.gov/attorneygeneral/opinions.html. See RESOURCES.
View this topic on its own page: Tennessee Concealed Carry FAQ
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