If you are serious about guns then you need to read up on Tennessee gun laws.
Tennessee gun laws operate at the state level on a “Shall Issue” policy. The laws are considered gun friendly with no requirement for purchase approval or registration of firearms. Applications for a CCW permit can be made online or at any drivers Service Center and are processed by the Department of Safety. Non-residents can only obtain a CCW permit if they work in the state on a regular basis, they can only make an application after being employed for 6 months and then only within 6 months after the initial 6 month work period. A 8 hour training course in firearm safety is required for new applications but exemptions are given to military personnel.
Tennessee has signed reciprocity agreements with 19 other states. A full list of the states that have reciprocity agreements with Tennessee can be found on the government website.
Applications, renewals and duplicate requests for a Tennessee CCW permit can be made online if you have a Tennessee State ID card or Drivers license. The issuing of permits is on a “Shall Issue” policy with the Tennessee State Highway Patrol issuing the permits. If you do not wish to make an online application you can also make permit applications by visiting any full service Driver Service Center. When your application is received it will be processed in the following way;
The Law
39.17.1351 – Handgun carry permits
Non-resident permits are available, in a limited way. To qualify for a non-resident permit the applicant must reside in another state and work in Tennessee on a regular basis. The other requirements are that they have been employed for at least 6 months before making the application and have been issued a concealed carry permit in their home state that is still valid. They also have a limited time to file the application, that is within a 6 month period AFTER having worked in the state for 6 months.
If the applicant lives in another state and moves to Tennessee as a permanent resident they will need to obtain a Tennessee permit within 6 months of moving to the state.
The Law
39.17.1351 – Non-resident permits
REQUIREMENTS
APPLICATIONS
Follow these steps to obtain a concealed carry permit;
RENEWALS
Mailing Address Tennessee Department of Safety Handgun Permit Office P.O. Box 23710 Nashville, TN 37202
FEE’S
| Application Type | Original | Renewal |
|---|---|---|
| Standard 8 year | $100 | $50 |
| Military 8 year | $68 | $50 |
| Standard lifetime | $300 | |
| Military lifetime | $268 | |
| Retired Law Enforcement Lifetime | $100 | |
| Upgrade to Lifetime | $200 | |
| Upgrade to Lifetime Military | $200 | |
| Duplicates | $5 |
There may still be old No Gun signs posted in parks. By law cities and counties are not allowed to post these signs in parks and if you have a permit you can legally carry in a park.
It is legal to carry a handgun openly or concealed in a vehicle that is privately owned, this includes boats and RVs. No permit is required and the firearm can be located anywhere in the vehicle but not on your person. The Law
39.17.1307 – Unlawful carrying
Without permit – No
With a Permit – Yes
You can only open carry a handgun if you have a permit to carry a concealed firearm. Open carry is not common in cities and mainly used as a carry method in rural areas.
South Carolina gun laws require you to inform a law enforcement officer you are carrying a firearm when approached on official business. You are also legally required to carry your permit at all times during which the permittee is in actual possession of a concealed handgun. The Law 23.31.215 – Issuance of permits
It is legal to carry in the following areas;
In Restaurants That Serve Alcohol “Yes” or “No” states if you can carry in a restaurant that serves alcohol. Some restaurants may be posted with “NO GUN” signs. Check with the staff if this means just the bar area. If we have indicated a “Yes” then it should be legal to have a meal without drinking alcohol.
Tennessee gun laws give the force of law to “No Weapons” signs. There are legal penalties for entering a private property or business that has posted these signs. GunsToCarry recommends that you do not enter a property displaying a “No Weapons” sign whether the law is for or against signage. If asked to leave a property and you refuse to do so then you are breaking the law and put yourself at risk of being charged. The Law 39.17.1359 – Posting notice
“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.”
(Art. I, § 26)
Carrying Weapons on Public Parks, Playgrounds, Civic Centers and Other Public Recreational Buildings and Grounds.
(a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or 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, or instrumentality thereof, for recreational purposes.
(b) (1) Subsection (a) shall not apply to the following persons:
(g) For the purposes of this section, a “greenway” means an open-space area following a natural or manmade linear feature designed to be used for recreation, transportation, conservation, and to link services and facilities. A greenway is a paved, gravel-covered, woodchip covered, or wood-covered path that connects one greenway entrance with another greenway entrance. In the event a greenway traverses a park that is owned or operated by a county, municipality or instrumentality thereof, the greenway shall be considered a portion of that park unless designated otherwise by the local legislative body. Except as provided in this part, the definition of a greenway in this section shall not be applicable to any other provision of law.
Unlawful Carrying or Possession of a Weapon.
(a) (1) A person commits an offense who carries with the intent to go armed a firearm or a club.
(2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).
(B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.
(e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle, recreational vehicle, or motorized boat if the person:
(A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and
(B) Is in lawful possession of the motor vehicle, recreational vehicle, or motorized boat.
(2) (A) As used in this subsection (e):
(B) This subsection (e) shall not apply to a motor vehicle, recreational vehicle, or motorized boat that is:
Introduction or Possession of Weapons, Explosives, Intoxicants or Drugs into a Penal Institution Where Prisoners are Quartered.
(b) It is unlawful for any person to:
(1) Knowingly and with unlawful intent take, send or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision any weapons, ammunition, explosives, intoxicants, legend drugs, or any controlled substances found in chapter 17, part 4 of this title;
Carrying Weapons on School Property
(e)(9)(A) Employees authorized to carry a handgun pursuant to § 39-17-1351 on property owned, operated, or controlled by the public institution of higher education at which the employee is employed;
(B)(i) Any authorized employee who elects to carry a handgun pursuant to this subdivision (e)(9) shall provide written notification to the law enforcement agency or agencies with jurisdiction over the property owned, operated, or controlled by the public institution of higher education that employs the employee;
(C) Unless carrying a handgun is a requirement of the employee’s job description, the carrying of a handgun pursuant to this subdivision (e)(9) is a personal choice of the employee and not a requirement of the employer. Consequently, an employee who carries a handgun on property owned, operated, or controlled by the public institution of higher education at which the employee is employed is not:
(iv) Permitted to carry a handgun openly, or in any other manner in which the handgun is visible to ordinary observation; or
(v) Permitted to carry a handgun at the following times and at the following locations:
(E) As used in subdivisions (e)(9)-(11):
4. Firearms and Weapons – TVA campgrounds may receive use by hunters during hunting season. While firearms and weapons are generally prohibited, possession of firearms and other weapons associated with inseason hunting excursions are permissible if they are unloaded and properly cased. Possession of firearms at TVA public ramps, associated roads, and parking areas are allowed if the possession complies with the law of the state where the boat ramp is located and is not otherwise prohibited by law.
Handgun Carry Permits
(r) (C) (i) If a person who is a resident of and handgun permit holder in another state is employed in this state on a regular basis and desires to carry a handgun in this state, the person shall have six (6) months from the last day of the sixth month of regular employment in this state to obtain a Tennessee handgun carry permit. The permit may be issued based on the person having a permit from another state provided the other state has substantially similar permit eligibility requirements as this state. However, if during the six-month period the person applies for a handgun permit in this state and the application is denied, the person shall not be allowed to carry a handgun in this state based upon the other state’s permit.
(ii) This subdivision (r)(3)(C) shall not apply if the state of residence of the person employed in Tennessee has entered into a handgun permit reciprocity agreement with this state pursuant to this subsection (r).
(iii) As used in this subdivision (r)(3)(C), “employed in this state on a regular basis” means a person has been gainfully employed in this state for at least thirty (30) hours a week for six (6) consecutive months not counting any absence from employment caused by the employee’s use of sick leave, annual leave, administrative leave or compensatory time.
Local Regulation of Firearms and Ammunition Preempted By State Regulation — Actions Against Firearms or Ammunition Manufacturers, Trade Associations Or Dealers.
(a) 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, 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.
Prohibition at Certain Meetings — Posting Notice. —
(a) (1) Except as provided in § 39-17-1313, an individual, corporation, business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity or government entity.
(2) The prohibition in subdivision (a)(1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351
(b) (1) Notice of the prohibition permitted by subsection (a) shall be accomplished by displaying the notice described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited. The notice shall be plainly visible to the average person entering the building, property, or portion of the building or property, posted.
(2) The notice required by this section shall be in English, but a duplicate notice may also be posted in any language used by patrons, customers, or persons who frequent the place where weapon possession is prohibited.
(3) (A) A sign shall be used as the method of posting. The sign shall include the phrase “NO FIREARMS ALLOWED”, and the phrase shall measure at least one inch (1″) high and eight inches (8″) wide. The sign shall also include the phrase “As authorized by T.C.A. § 39-17-1359”.
(4) An individual, corporation, business entity, or government entity that, as of January 1, 2015, used signs to provide notice of the prohibition permitted by subsection (a) shall have until January 1, 2018, to replace existing signs with signs that meet the requirements of subdivision (b)(3).
(c) (1) It is an offense to possess a weapon in a building or on property that is properly posted in accordance with this section.
(2) Possession of a weapon on posted property in violation of this section is a Class B misdemeanor punishable by fine only of five hundred dollars ($500).
(d) Nothing in this section shall be construed to alter, reduce or eliminate any civil or criminal liability that a property owner or manager may have for injuries arising on their property.
(e) The provisions of this section shall not apply to title 70 regarding wildlife laws, rules and regulations.
(f) This section shall not apply to the grounds of any public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by the state, a county, a municipality or instrumentality thereof. The carrying of firearms in those areas shall be governed by § 39-17-1311
(g) (1) Notwithstanding title 29, chapter 20, a party who is adversely affected by an ordinance, resolution, policy, rule, or other enactment that is adopted or enforced by a county, city, town, municipality, or metropolitan government or any local agency, department, or official that violates this section may file an action in a court of competent jurisdiction against the county, city, town, municipality, or metropolitan government for:
(2) This subsection (g) shall apply to any ordinance, resolution, policy, rule, or other enactment that is adopted or enforced on or after July 1, 2017.
(h) As used in subsection (g), a party is “adversely affected” if:
(1) The party is an individual who:
(2) The party is a membership organization that:
(i) A prevailing plaintiff in an action under subsection (g) is entitled to recover from the county, city, town, municipality, or metropolitan government the following:
(1) The greater of:
(2) Court costs, including fees; and
(3) Reasonable attorney’s fees.
Handgun Carry Permits
(n) (1) Except as provided in subdivision (n)(2), a permit issued pursuant to this section shall be good for eight (8) years and shall entitle the permit holder to carry any handgun or handguns that the permit holder legally owns or possesses. The permit holder shall have the permit in the holder’s immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer.
Unlawful Carrying or Possession of a Weapon. —
(a) (1) A person commits an offense who carries with the intent to go armed a firearm or a club.
(e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle, recreational vehicle, or motorized boat if the person:
(2) (A) As used in this subsection (e):
(B) This subsection (e) shall not apply to a motor vehicle, recreational vehicle, or motorized boat that is:
Defenses to Unlawful Possession or Carrying of a Weapon. —
(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:
(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;
(18) “Unloaded” means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon
Emergency Management Powers of the Governor.
(a) (1) The governor is responsible for addressing the dangers presented to this state and its people by emergencies. In the event of an emergency beyond local control, the governor, or, in the governor’s absence, the governor’s successor as provided by law, may assume direct operational control over all or any part of the emergency management functions within this state, and such person has the power through proper process of law to carry out this chapter. The governor is authorized to delegate such powers as the governor may deem prudent.
(2) Pursuant to the authority vested in the governor under subdivision (a) (1), the governor may issue executive orders, proclamations, and rules and may amend or rescind them. Such executive orders, proclamations, and rules have the force and effect of law.
(b) The governor or the governor’s designee, shall declare a state of emergency or a disaster declaration in one (1) of two (2) ways:
(2) These two (2) types of threats may be declared by the governor if the governor finds an emergency has occurred or the occurrence of threat thereof is imminent. The state of emergency shall continue until the governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and the governor terminates the state of emergency by executive order or proclamation, but no state of emergency may continue for longer than sixty (60) days unless renewed by the governor. All executive orders or proclamations issued under this section shall indicate the nature of the emergency, the area or areas threatened, and the conditions which have brought the emergency about or which make possible its termination. An executive order or proclamation shall be promptly disseminated by means calculated to bring its contents to the attention of the general public; and, unless the circumstances attendant upon the emergency prevent or impede such filing, the order or proclamation shall be filed promptly with the department of state and in the office of the chief executive officer in each county to which the order or proclamation applies.
(e) In addition to any other powers conferred upon the governor by law, the governor may:
(1) Suspend the provisions of any law, order, rule or regulation prescribing the procedures for conduct of state business or the orders or rules or regulations of any state agency, if strict compliance with the provisions of any such law, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;
(4) Subject to any applicable requirements for compensation, commandeer or utilize any private property, which term shall not be construed to include firearms, ammunition, or firearm or ammunition components, if the governor finds this necessary to cope with the emergency;
(5) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the governor deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery;
(6) Prescribe routes, modes of transportation, and destinations in connection with evacuation;
(7) Control ingress and egress to and from an emergency area, the movement of persons within the area, and the occupancy of premises therein;
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles, which terms shall not be construed to include firearms, ammunition, or firearm or ammunition components;
(11) Take measures concerning the conduct of civilians, the movement and cessation of movement of pedestrian and vehicular traffic prior to, during, and subsequent to drills and actual or threatened emergencies, the calling of public meetings and gatherings, and the evacuation and reception of civilian population, as provided in the TEMP and political subdivisions thereof; and
(m) During any state of emergency, major disaster or natural disaster, the state, a political subdivision or a public official shall not prohibit nor impose additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms and ammunition or firearm and ammunition components.
If you require any legal advice on gun laws we would recommend you contact The Hamilton Law Firm.
Private Sales
There is no requirement in Tennessee for private sales of firearms to undergo background checks or be processed by a licensed dealer. As long as the purchaser meets all the requirements to possess a firearm you are free to sell or buy firearms privately.
Preemption
Tennessee has full preemption over laws for handguns and long guns but allows local governments limited regulation in four exceptions.
In Tennessee there is no duty to retreat if you feel you are in danger. In some states stand your ground laws are only legal in residences. Tennessee allows the law as a defense if used in residences places of business or any place that you are legally allowed to be.
90 Days The application for a concealed carry permit/license must be processed within 90 days of the application being received.
Concealed carry permits/licenses are issued by the Tennessee Highway Patrol. Applications can be processed at any full service Driver Services Center.
Yes, up to 8 years past the expiry date is OK for renewals. After 8 years you will need to make a new application. If your permit has expired you will not be able to carry a handgun.
You can file a renewal application at any full service Driver Service Center, online, or mail in a renewal to the following address;
Tennessee Department of SafetyIf you are renewing by mail you can order a form by calling (615) 251-8590
No, all fees paid for CCW permits are not refundable.
No, a concealed carry permit in Tennessee does not mean your firearm must be carried concealed.
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