Tennessee

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Tennessee, all firearm transfers by licensed dealers are processed directly through the Tennessee Bureau of Investigation ("TBI"), which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Tennessee has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Tennessee Code Annotated § 39-17-1316(a)(1) prohibits the sale of a firearm to any person convicted of stalking, addicted to alcohol, or ineligible to receive a firearm under 18 U.S.C. § 922 (setting forth federal purchaser prohibitions).

Furthermore, firearm transfers will be denied if TBI finds that the potential purchaser has been charged with a crime for which a conviction would cause that purchaser to be prohibited under state or federal law from purchasing, receiving, or possessing a firearm, and a final disposition of the case has not occurred or is not recorded. Tenn. Code Ann. § 39-17-1316(o).

Tennessee law prohibits the possession of a handgun by any person:

• Under the influence of alcohol or any controlled substance, per section 39-17-1321(a);

• Convicted of a felony involving the use or attempted use of force, violence or a deadly weapon under section 39-17-1307(b)(1)(A);

• Who is a juvenile (defined by section 39-17-1319(a)(2) as any person less than 18 years of age), under section 39-17-1319(b); or

• Convicted of a felony drug offense, under section 39-17-1307(b)(1)(B).

Firearm transfers by private sellers (non-firearms dealers) are not subject to background checks in Tennessee, although federal and state purchaser prohibitions still apply. See the Tennessee Private/Secondary Sales section.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Possession Restrictions

Subject to limited exceptions, Tennessee prohibits the possession of firearms within the confines of a building open to the public where liquor, wine or other alcoholic beverages (as defined in Tenn. Code Ann. § 57-3-101(a)(1)(A)), or beer (as defined in § 57-6-102(1)), are served for on-premises consumption. Section 39-17-1305(a). Concealed weapon permit holders are exempt so long as they are not consuming alcohol and are in an area open to the public. For purposes of the exception, a restaurant is defined as a public place where meals are served and with “adequate and sanitary kitchen and dining room equipment” and employees to prepare and serve “suitable food” for guests. In addition, to qualify for the exception, an establishment must serve at least one meal per day at least five days a week. Section 39-17-1305(c).

Tennessee generally prohibits the possession or carrying of, with the intent to go armed, any weapon prohibited by section 39-17-1302(a) (including machine guns, short-barreled rifles or shotguns, or any other implements "for infliction of serious bodily injury or death" which have no lawful purpose) 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 for recreational purposes, whether the firearm is openly displayed or concealed. Section 39-17-1311(a).

The prohibitions under section 39-17-1311(a) do not explicitly include handguns, rifles or shotguns when used for lawful purposes. Furthermore, persons are not prohibited from possessing or carrying firearms:

• For hunting during the lawful hunting season on lands owned by any municipality, county or the state, which are designated as open to hunting by law;

• That are unloaded, when the person is hunting, while on the grounds of any such public recreational building or property for the purpose of gaining access to public or private lands open to hunting with the intent to hunt, unless a sign is posted prohibiting such entry in or on the public recreational building or property;

• When conducting or attending "gun and knife shows" when such program has been approved by the administrator of the recreational building or property;

• When entering the property for the sole purpose of delivering or picking up passengers, provided the person does not remove any firearm from the vehicle or utilize it in any manner; or

• For sport or target shooting where permitted in the park or recreational area.

Section 39-17-1311(b)(7).

Section 39-17-1306(a) prohibits any person from intentionally, knowingly, or recklessly carrying a firearm on or about the person while inside any room in which judicial proceedings are in progress.

Tennessee also prohibits the carrying, whether openly or concealed and with the intent to go armed, of any firearm that is not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. Section 39-17-1309(b)(1).

Moreover, no person may possess or carry any firearm, whether openly or concealed, that is not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. Section 39-17-1309(c)(1). Adults who are not students may possess a firearm under section 39-17-1309(c)(1) if it is contained within a private vehicle operated by the adult and is not handled by the adult or by any other person acting with the expressed or implied consent of such adult, while the vehicle is on school property. Id.

Chief administrators of a public or private school must display in prominent school locations (defined by section 39-17-1309(d)(2) to include, but not be limited to, sports arenas, gymnasiums, stadiums and cafeterias) a sign, at least six inches high and fourteen inches wide, stating:

FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY.

Section 39-17-1309(d)(1).

Limited exceptions to the school property possession restrictions exist under section 39-17-1310.

State administrative regulations govern the possession of firearms in:

• School-administered child care programs (Tenn. Comp. R. & Regs. R. 0520-12-1-.14(5)(a)(3)(xii); R. 0520-12-1-.10(4)(f));

• Group child care homes (Tenn. Comp. R. & Regs. R. 1240-4-1-.06(4)(k));

• Drop-In child care centers (Tenn. Comp. R. & Regs. R. 1240-4-2-.08(8)(c));

• Child care centers (Tenn. Comp. R. & Regs. R. 1240-4-3-.10(13)(d));

• Family child care homes (Tenn. Comp. R. & Regs. R. 1240-4-4-.06(4)(k)); and

• Residential child caring agencies (Tenn. Comp. R. & Regs. R. 1240-4-5-.04(3)(b)(1)(iii)(VII)).

Finally, Tennessee prohibits the use of firearms (including air and gas powered pistols and rifles) in parks and natural and historical areas. Tenn. Comp. R. & Regs. R. 0400-2-2-.11. The possession of any firearm is prohibited unless it is unloaded and adequately cased, or broken down or otherwise packed in such a way as to prevent its use while in park areas. Id.

Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.

Transportation of Firearms

Tennessee has no specific firearm transportation restrictions. See the Possession Restrictions subsection, above, for related information.

Concealed Weapons Licensing Requirements

Tennessee is a “shall issue” state, meaning that the Tennessee Department of Safety (“TDS”) must issue a handgun carry permit if the applicant meets certain qualifications. Under Tennessee Code Annotated § 39-17-1351(b), TDS shall issue a handgun carry permit to any resident of Tennessee who is 21 years of age or older and is not prohibited from purchasing or possessing a firearm.  Permits will not be issued to any person who:

• Has been convicted of a criminal offense or is currently under indictment or information for any criminal offense that is designated as a felony, or that is a disqualifying misdemeanor for driving under the influence (§ 39-17-1351(c)(11)), stalking (§ 39-17-1351(c)(18)), or domestic violence (per § 39-17-1351(c)(16); see 18 U.S.C. § 921(33)), except for any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulations of business practices;

• Is currently subject to any order of protection;

• Is a fugitive from justice;

• Is an unlawful user of or addicted to alcohol or any controlled substance and has been a patient in a rehabilitation program or hospitalized for alcohol or controlled substance abuse or addiction within ten years from the date of application;

• Has been convicted of driving under the influence of an intoxicant in this or any other state two or more times within ten years from the date of application and the convictions have occurred within five years from the date of application or renewal;

• Has been adjudicated as a mental defective;

• Has been committed to or hospitalized in a mental institution;

• Has had a court-appointed conservator by reason of a mental defect;

• Has been judicially determined to be disabled by reason of mental illness, developmental disability or other mental incapacity;

• Has, within seven years from the date of application, been found by a court to pose an immediate substantial likelihood of serious harm, as defined in Tenn. Code Ann. Title 33, Chapter 6, Part 5 (§ 33-6-501 et seq.), because of mental illness;

• Is an alien and is illegally or unlawfully in the United States;

• Has been discharged from the armed forces under dishonorable conditions;

• Has renounced his or her United States citizenship;

• Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33);

• Is receiving social security disability benefits by reason of alcohol dependence, drug dependence or mental disability; or

• Has been convicted of stalking.

Section 39-17-1351(c).

In addition, TDS will not issue a permit to any applicant who:

• Is currently or has been addicted to alcohol, pursuant to section 39-17-1316(a)(1);

• Is ineligible to receive firearms under 18 U.S.C. § 922, per Tennessee Code Annotated § 39-17-1316(a)(1);

• Has committed the offense of possessing a handgun after being convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, under section 39-17-1307(b)(1)(A), or after being convicted of a felony drug offense, per section 39-17-1307(b)(1)(B);

• Has violated 18 U.S.C. § 922(g) (prohibited possessor categories under federal law), per Tennessee Code Annotated § 39-17-1351(b); or

• Is prohibited from purchasing or possessing a firearm by any other state or federal law, pursuant to section 39-17-1351(b).

TDS requires applicants to submit proof of successful completion of a TDS-approved handgun safety course as a prerequisite to obtaining a handgun carry permit. Section 39-17-1351(e).  The qualifying course must include both classroom hours and firing range instruction.  Id.  However, an applicant is not required to comply with the firing range provisions if the applicant submits proof to TDS that within five years from the application filing date, the applicant has:

• Been certified by the peace officer standards and training commission;

• Successfully completed training at the law enforcement training academy;

• Successfully completed the firearm training course required for armed security guards or officer registration, pursuant to section 62-35-118(b); or

• Successfully completed all handgun training of not less than four hours as required by any branch of the military.

Section 39-17-1351(e).

Permit holders are not required to complete a handgun safety course to maintain or renew a handgun carry permit, or to complete any additional handgun safety course after obtaining a permit. Section 39-17-1351(m). In addition, no permit holder is required to complete any additional handgun safety course if he or she applies for a permit renewal within six months from the date of expiration. Id.

The permit application fee is $115. Section 39-17-1351(p)(1).

Additional application and background check requirements and other permit-related information are detailed under section 39-17-1351. Permit suspension and revocation provisions are set forth in sections 39-17-1352, 39-17-1353, and 39-17-1354.

          Disclosure or Use of Information

Tennessee law is silent with respect to the public dissemination of any personal application or permit information of handgun carry permit holders.

TDS shall make available to anyone interested a statistical report that includes the number of permits issued, denied, revoked, or suspended by TDS during the preceding month, listed by age, gender and zip code of the applicant or permit holder, and the reason for any permit revocation or suspension. Section 39-17-1351(s)(1). The report must include the cost of the program, the revenues derived from fees, the number of violations of the provisions of the handgun carry permit law, and the average time for issuance of a handgun carry permit. Id. By January 1 of each year, a copy of such statistical reports for the preceding calendar year shall be provided to each member of the Tennessee General Assembly. Id.

TDS is also required to maintain statistics related to responses by law enforcement agencies to incidents in which a person who has a permit to carry a handgun is arrested and booked for any offense. Section 39-17-1351(s)(2)(A).

          Duration & Renewal

Generally, handgun carry permits are valid for four years. Section 39-17-1351(n). Permit holders may renew a permit by submitting a renewal application and a fee of $50. Section 39-17-1351(q)(1).

          Location Limits

An individual, corporation, business entity or local, state or federal government entity or an agent of these entities is authorized to prohibit the possession of weapons by any person possessing a valid handgun carry permit under Tennessee law at meetings conducted by, or on property owned, operated, or managed by or under the control of such individual, corporation, business entity or government entity. Section 39-17-1359(a). Notice of such prohibition shall be posted in prominent areas of the building, premises or property and shall contain language substantially similar to the following:

PURSUANT TO § 39-17-1359, THE OWNER/OPERATOR OF THIS PROPERTY HAS BANNED WEAPONS ON THIS PROPERTY, OR WITHIN THIS BUILDING OR THIS PORTION OF THIS BUILDING. FAILURE TO COMPLY WITH THIS PROHIBITION IS PUNISHABLE AS A CRIMINAL ACT UNDER STATE LAW AND MAY SUBJECT THE VIOLATOR TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500).

Section 39-17-1359(a).

Handgun carry permit holders are also subject to generally applicable limits on the locations where firearms may be carried, except as otherwise noted. Please see the Possession Restrictions subsection above for further information.

         Reciprocity

Any handgun permit, firearm permit, weapons permit or license that is valid on its face and issued by another state shall be valid in Tennessee according to its terms and shall be treated as if it is a handgun permit issued by Tennessee law. Section 39-17-1351(r)(1). The provisions under section 39-17-1351(r), however, shall not be construed to authorize the holder of any out-of-state permit or license to carry in Tennessee any firearm or weapon other than a handgun. Section 39-17-1351(r)(1). The out-of-state permittee must possess the permit or license at all times the person carries a handgun. Section 39-17-1351(r)(2).

The Commissioner of Safety shall enter into written reciprocity agreements regarding the carrying of concealed firearms with other states that require the execution of such agreements. Section 39-17-1351(r)(3)(A).  If another state imposes conditions on Tennessee permit holders in a reciprocity agreement, such conditions shall also become a part of the agreement and apply to the other state’s permit holders when they carry a handgun in Tennessee.  Id.

Additional provisions regarding the reciprocity of concealed weapons permit holders from other states are detailed in section 39-17-1351(r).

         Brady Exemption

Handgun carry permit holders in Tennessee are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

Tennessee prohibits a parent or guardian from intentionally, knowingly or recklessly providing a handgun to a juvenile (defined as any person less than 18 years of age, per Tennessee Code Annotated § 39-17-1319(a)(2)) or permitting a juvenile to possess a handgun, if such parent or guardian knows of a substantial risk that such juvenile will use the handgun to commit a felony. Section 39-17-1320(b).

Tennessee also prohibits any person 18 years of age or older, including a parent or other legal guardian, who knows that a minor or student is in illegal possession of a firearm in or upon the premises of a public or private school, in or on such school's athletic stadium or other facility or building where school sponsored athletic events are conducted, or a public park, playground or civic center, from failing to prevent the possession or failing to report it to the appropriate school or law enforcement officials. Section 39-17-1312(a).

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Tennessee does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Tennessee Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Tennessee Background Checks section.

Any person appropriately licensed by the federal government may stock and sell firearms to any potential purchaser not ineligible to receive firearms (because such recipient has been convicted of stalking, is addicted to alcohol or is prohibited under 18 U.S.C. § 922). Tenn. Code Ann. § 39-17-1316(a)(1).

Before delivering any firearm to a purchaser, a firearms dealer must:

• Receive from the prospective purchaser current identification (see § 39-17-1316(f));

• Complete a firearm transaction record as required by 18 U.S.C. §§ 921 to 929, and obtain the signature of the purchaser on the record;

• Obtain the thumbprints of the purchaser on the firearm transaction thumbprint form and attach the form to the dealer's copy of the firearm transaction record to be filed with that copy;

• Request by telephone that the Tennessee Bureau of Investigation (“TBI”) conduct a criminal history record check on the purchaser and provide the following information to TBI:

• The federal firearms license number of the dealer;

• The business name of the dealer;

• The place of transfer;

• The name of the person making the transfer;

• The make, model, caliber and manufacturer’s number of the firearm being transferred;

• The name, gender, race, and date of birth of the purchaser;

• The social security number of the purchaser, if one has been assigned; and

• The type, issuer and identification number of the identification presented by the purchaser; and

• Receive a unique approval number for the transfer from TBI and record the approval number on the firearm transaction record and the firearms transaction thumbprint form.

Tenn. Code Ann. § 39-17-1316(c).

The dealer may destroy the firearm transaction thumbprint form one year after the completion of the form. Id.

A law enforcement agency may inspect the records of a dealer relating to transfers of firearms in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.  Section 39-17-1316(k).

Federally Licensed Firearms Dealers

There are 1,318 federally licensed firearms dealers and pawnbrokers in Tennessee. Federal firearms licensee totals for Tennessee as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Tennessee does not regulate gun shows. An exception to the prohibition on possessing certain proscribed weapons with the intent to go armed (see Tenn. Code Ann. §§ 39-17-1302(a), 39-17-1311(a)) allows individuals to possess firearms in a public park, playground, civic center, or other building facility, area or property owned, used or operated for recreational purposes by any government when the individual is conducting or attending a "gun and knife" show. Section 39-17-1311(b)(7)(C).

See the Tennessee Private/Secondary Sales section for state laws that apply at gun shows.

Pursuant to Tennessee Code Annotated § 39-17-1314(b), the Tennessee General Assembly has declared that the lawful design, marketing, manufacture and sale of firearms and ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se.

The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association or dealer by or on behalf of any state entity, county, municipality or metropolitan government for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public is reserved exclusively to the state. Section 39-17-1314(c)(1). However, the provisions of section 39-17-1314(c) do not prohibit a county, municipality, or metropolitan government from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by such county, municipality, or metropolitan government.  Section 39-17-1314(c)(2).

In addition, individuals are not precluded by section 39-17-1314(c) from bringing a cause of action for breach of a written contract, breach of an express warranty, or for injuries resulting from defects in the materials or workmanship in the manufacture of the firearm.  Section 39-17-1314(c)(3).

Finally, the immunity provisions in sections 39-17-1314(b) and (c) do not apply in any litigation brought by an individual against a firearms or ammunition manufacturer, trade association or dealer. Section 39-17-1314(d).

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

Tennessee prohibits any juvenile (defined as any person less than 18 years of age, per Tennessee Code Annotated § 39-17-1319(a)(2)) from knowingly possessing a handgun. Section 39-17-1319(b).

A juvenile may raise as affirmative defenses to a prosecution for knowingly possessing a handgun that he or she possessed the handgun while:

• In attendance at a hunter's safety course or a firearm safety course;

• Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located, or any other area where the discharge of a firearm is not prohibited;

• Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under 26 U.S.C. § 501(c)(3), and which uses firearms as part of such performance;

• Hunting or trapping pursuant to a valid license issued to such juvenile pursuant to Tenn. Code Title 70;

• Accompanied by the juvenile’s parent or guardian and being instructed by such adult or guardian in the use of the handgun possessed;

• On real property under the control of an adult with the permission of that adult and the juvenile’s parent or legal guardian to possess a handgun;

• Traveling to or from any activity described above with an unloaded gun; or

• At the juvenile’s residence, with the permission of the juvenile’s parent or legal guardian, and where justified in using physical or deadly force.

Section 39-17-1319(d)(1).

Tennessee also prohibits any person from intentionally, knowingly or recklessly providing a handgun, with or without remuneration, to any person that the seller or transferor knows or has reason to believe is a juvenile (defined by § 39-17-1319(a)(2) as any person less than 18 years of age). Section 39-17-1320(a).

No person may intentionally, knowingly or recklessly sell, loan or make a gift of a firearm to a minor (defined as a person under 18 years of age by § 39-11-106(a)(23)). Section 39-17-1303(a)(1).

There is no minimum age to possess rifles and shotguns in Tennessee.

No relevant statutes currently exist.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Private firearm transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Tennessee, although federal and state purchaser prohibitions still apply. See the Tennessee Background Checks section.

Tennessee law prohibits any person from intentionally, knowingly or recklessly providing a handgun, with or without remuneration, to any person that the seller or transferor knows or has reason to believe is a juvenile (defined by Tennessee Code Annotated § 39-17-1319(a)(2) as any person less than 18 years of age). Section 39-17-1320(a).

No person may intentionally, knowingly or recklessly sell, loan or make a gift of a firearm to a minor (defined as a person under 18 years of age by § 39-11-106(a)(23)). Section 39-17-1303(a)(1). The transferor may claim, as a defense to prosecution under this prohibition, that the firearm was loaned or given to a minor for the purposes of hunting, trapping, fishing, camping, sport shooting or any other lawful sporting activity, and the transferor is not required to obtain a license under section 39-17-1316. Section 39-17-1303(b).

In addition, no person may intentionally, knowingly or recklessly sell a firearm or ammunition to a person who is intoxicated. Section 39-17-1303(a)(2).

Finally, any person who gives or sells to a service recipient (defined as a person who is receiving service, has applied for service, or for whom someone has applied for or proposed service because the person has a mental illness, serious emotional disturbance, or a developmental disability, per § 33-1-101(21)) in a hospital or developmental center, whether on the premises of the facility or elsewhere, knowing such person to be a person suffering from a mental illness, serious emotional disturbance, or developmental disability, any firearm, is criminally liable for a felony. Section 33-3-904(a)(4).

No relevant statutes currently exist.

No relevant statutes currently exist.