Tennessee is a constitutional-carry state. Effective July 1, 2021, Public Chapter 108 (SB 765 / HB 786) added subsection (g) to Tenn. Code Section...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
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 reaches a person who is at least 21, or at least 18 with qualifying military service (an honorably discharged or retired veteran, an honorably discharged reserve or National Guard member who completed basic training, or an active-duty or current reserve or Guard member), and that age structure is still what the statute says today.
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.
The Department of Safety issues enhanced and concealed handgun carry permits to applicants 18 to 20 as a matter of practice, in accordance with recent court rulings, and it began doing so after the 2023 Beeler v. Long settlement. Fiscal Memorandum 366 of the 114th General Assembly reports that 802 permits were issued to applicants 18 to 20 based on the Department's 2024 Handgun Statistical Report, and it describes a 2025 bill that would codify that existing practice. The permit statute itself, Section 39-17-1351(c), still sets the age at 21, or 18 with qualifying military service.
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 21+, or 18+ with qualifying military service, lawfully possessing a handgun and 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. 39-17-1321(b) | Offense to possess a firearm while consuming alcohol there; posting is a separate Sec. 39-17-1359 matter |
| 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.
This page covers one part of our Tennessee concealed carry guide.
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