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Understanding Tennessee Gun Laws

Owning a firearm is a right protected by both the United States Constitution and the Tennessee Constitution. With that right, however, comes the responsibility of being aware of and following the laws that govern the purchase, possession, and use of firearms within the State of Tennessee. Whether your firearm is for personal protection, hunting, sport shooting, or collecting, it is essential to stay informed about the laws to avoid criminal penalties that may include steep fines or incarceration. To help keep you safe and on the right side of the law, a Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby explains Tennessee gun laws.

Do You Need a Permit to Buy or Carry a Gun in Tennessee?

Tennessee has long been known for its strong support of the Second Amendment. As such, the state does not require individuals to obtain a permit tochild custody lawyer purchase a rifle, shotgun, or handgun nor are you required to register your firearm once it has been purchased. That said, federal law still applies, which means that you must pass a background check conducted through the National Instant Criminal Background Check System (NICS) when buying a firearm from a federally licensed dealer. Private sales between individuals generally do not require background checks under current Tennessee law. 

In addition, as of July 1, 2021, Tennessee permits most adults to carry a handgun without a permit, under what is commonly referred to as “constitutional carry.” This law allows individuals who are 21 years of age or older (18 or older for active-duty military members) to carry handguns either openly or concealed without the need to apply for a permit. Despite Tennessee’s liberal gun laws, there are limits to where and how firearms can be carried, and violating those restrictions may lead to criminal charges.

Where Are Firearms Prohibited in Tennessee?

Despite Tennessee’s permissive stance on handgun carry, there are several locations where firearms are not allowed. These restrictions apply regardless of whether you are otherwise legally allowed to carry a firearm. Firearms are generally not permitted in the following areas:

  • Schools and school-sponsored activities.
  • Government buildings where signs prohibit firearms.
  • Courthouses and judicial facilities.
  • Federal buildings and properties, such as post offices and federal courthouses.
  • Airport terminals and beyond security checkpoints.
  • Private properties where the owner has clearly posted a no-weapons notice.

Does Tennessee Still Offer a Concealed Carry Permit?

Although Tennessee does not require you to obtain a permit to carry a concealed firearm, the state does continue to issue two types of handgun carry permits for residents who want or need official documentation. For people who travel to other states with any frequency, obtaining a permit is a good idea because many states offer reciprocity, meaning that they recognize and honor Tennessee’s handgun carry permits. Tennessee is a “shall issue” state, which means that as long as you meet the statutory qualifications, the state must issue your permit upon application. Permits can be obtained through the Tennessee Department of Safety and Homeland Security and include:

  • Concealed Carry Only Permit: This option requires a 90-minute training course, which can usually be completed online, and allows for the concealed carry of handguns only.
  • Enhanced Handgun Carry Permit (EHCP): This permit allows for open or concealed carry in more locations than the standard permit. To obtain an EHCP, you must complete an 8-hour handgun safety course and meet all eligibility requirements.

What Are the Consequences of Violating Tennessee’s Gun Laws?

Firearms violations in Tennessee carry serious consequences that vary depending on the nature of the offense. Common examples of firearm laws to be aware of in Tennessee include:

  • Possession in a prohibited location: Entering a school or government building with a firearm may be prosecuted as a misdemeanor or felony, depending on the circumstances.
  • Carrying a firearm while under the influence: Operating or handling a firearm while impaired by drugs or alcohol is a Class A misdemeanor and can lead to jail time and the loss of firearm privileges.
  • Unlawful possession by a felon: If you have been convicted of a felony, you are prohibited from possessing firearms under both state and federal law. A violation may be charged as a Class B felony, which carries a prison sentence of 8 to 30 years and a fine of up to $25,000.
  • Unlawful display or use of a weapon: Recklessly handling or displaying a firearm in a threatening manner, also known as “brandishing,” may be charged as a misdemeanor or felony depending on the facts of the case.

Contact a Murfreesboro Criminal Defense Attorney 

If you have been charged with violating any of Tennessee’s gun laws, consult with an experienced Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your free appointment.

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