Tennessee Gun Control Laws
By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed November 15, 2024
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Many see gun violence as an epidemic in America today. The Centers for Disease Control and Prevention (CDC) estimates that in 2022, there were 48,000 firearm-related deaths in the U.S. More than half of those were suicide deaths, and 4 out of 10 were gun homicides.
No state is safe from gun violence. In 2023, Tennessee saw its deadliest mass shooting at the Covenant School, a private elementary school in Nashville. Three of the six victims who died were 9-year-old students.
The Second Amendment to the U.S. Constitution guarantees the right of U.S. citizens to own firearms for self-defense and other reasons. Yet states can establish limits to how people buy and carry guns. State and federal governments also ban certain categories of people from having firearms, such as convicted felons.
Tennessee gun control laws are some of the least restrictive among the states. It has not adopted significant reforms to stem gun violence in recent years.
Federal Firearms Law
The constitutional right to bear arms remains a key source of gun rights in the U.S. It's often an obstacle to efforts to enact gun control measures. The U.S. Supreme Court has interpreted the Second Amendment to include an individual right to possess guns for self-defense at home and, to a certain extent, in public. As a result, it is not unusual for new state and federal gun regulations to end up in court battles.
At the federal level, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is the rule-making agency that oversees the licensing of gun dealers. It is also a law enforcement agency that cracks down on illegal gun trafficking and the unlawful possession of firearms by those who can't own or use them. The ATF worked with the Federal Bureau of Investigation (FBI) to set up the National Instant Background Check System (NICS), a tool that helps gun dealers keep guns out of the wrong hands.
Tennessee Gun Laws
In 2021, Gov. Bill Lee signed legislation backed by Republican lawmakers in the General Assembly to make Tennessee a permitless carry state. Tennessee law enforcement officers opposed the measure. Permitless carry laws operate on the honor system. They allow gun owners to decide whether they can legally carry a firearm in the state before they do so. Previously, state residents had to apply for a handgun carry permit and pass a background check to legally carry a handgun in public.
Many gun owners still apply for a concealed handgun permit for reciprocity in other states. The Tennessee Highway Patrol issues handgun carry permits.
After the Nashville school shooting, many parents urged the state legislature to pass a red flag law. Under a red flag law, family members and law enforcement officers can petition a court for an order to remove and ban firearm possession by a person who is a threat to self or others. Efforts to enact a red flag law failed in 2023. Despite voicing support at that time, Lee signed legislation in 2024 that banned extreme risk protection orders from local law. So, until the state decides whether to create a red flag law, no local jurisdiction can enact one.
In 2024, Tennessee passed a law allowing teachers to carry concealed firearms in schools. To carry a weapon on school grounds under section 49-6-815 teachers must obtain consent from a local principal, education commissioner, and sheriff. Teachers also must complete 40 hours of training, pass a psychological evaluation, submit fingerprints, and secure a handgun permit. The law has sparked significant debate about the best ways to ensure school safety.
Tennessee does not ban assault weapons or require universal background checks for gun purchases.
State law bans the ownership or possession of machine guns unless a person complies with the federal National Firearms Act (NFA). The state also bans those convicted of felonies, and misdemeanor domestic violence or stalking offenses from possessing firearms. In some cases, a DUI conviction will also bar you from possessing a gun.
In 2023, Tennessee enacted a law to provide free firearm locks to state residents. It also appropriated funds for a statewide public safety campaign on safe firearm storage. Both programs fall under the Tennessee Department of Safety and Homeland Security.
Even if you can legally own and carry a firearm, state law bans you from taking your weapon to certain locations. These include:
- Courtrooms
- School property and grounds
- The immediate vicinity of a school-sponsored park event
- Airports
- Government buildings (when entrance has metal detectors and law enforcement officers)
- Private property and businesses when notice is posted
There may be exceptions in some instances for law enforcement officers, military personnel, and those only transporting a weapon and keeping it secured in a vehicle.
Tennessee Gun Laws at a Glance
Gun laws vary greatly among the states. Gun legislation at the state level may get shaped by conflicts in state and federal law and how the state balances public safety and the rights of gun owners.
The following table recaps what you've learned above and provides a summary of gun control laws in the state of Tennessee.
Relevant statutes (laws) |
Title 39 — Criminal Offenses — Weapons (Sections 39-17-1301 to 39-17-1367)
|
---|---|
Illegal arms |
Tennessee prohibits the possession of machine guns unless the owner complies with federal law. In 2022, Tennessee removed short-barrel rifles and shotguns from its prohibited weapons law. But they may still be illegal if an owner violates federal law. |
Waiting period |
Tennessee does not have a waiting period between purchase and delivery of a firearm. |
Who may not own |
Tennessee law prohibits people from possessing a firearm if they:
Tennessee also bans the possession of a handgun by anyone:
|
License required? | Tennessee does not require a license or permit to own or buy a gun. It does not force owners to register firearms. |
Concealed carry license required? | No. Tennessee is a permitless carry state. Anyone 21 or older who is not otherwise prohibited under state or federal law from possessing a firearm can carry a handgun in public. |
Open carry allowed? | Open carry of a handgun (loaded or unloaded) in public is legal for people 21 and older. It's also allowed for people 18 to 20 who are in the U.S. armed forces or are honorably discharged from the military as long as they are not otherwise prohibited from firearm possession. State law also permits open carry of an unloaded long gun in public for anyone 18 or older as long as they are not otherwise banned from firearm possession. |
Eligibility for a concealed carry license | State residents may apply for a concealed handgun carry permit. Tennessee is a "shall issue" state, meaning that if you meet the objective criteria, the state will issue the permit. Eligibility requirements include:
|
Machine gun laws | Machine guns are banned in Tennessee unless a machine gun complies with one of the limited exceptions for machine gun ownership under federal law. |
Penalties for illegal firearm possession |
Sentencing ranges for firearm offenses vary depending on the offense. Some firearm possession offenses are misdemeanors, but others are serious felonies. Here are some examples:
|
Penalties for illegal possession on or near school grounds |
|
Red flag law? | No. Tennessee has not enacted a red flag law. |
Universal background checks? | No. Tennessee does not require private gun sales to go through a licensed gun dealer for a background check. |
Stand your ground law? | Yes. If you are legally in a place you are permitted to be and are not committing a felony or Class A misdemeanor yourself, you can use deadly force in defense of yourself or another with no duty to retreat. You must have reasonable belief that such force is needed. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are reviewing.
State Gun Laws After the Bruen Decision
In 2022, the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen, invalidated a New York gun license law. The Court's 6-3 conservative majority announced a new "historical" test for courts to use when reviewing gun regulations that infringe on the right to bear arms.
The focus of the test in Bruen places the burden on the government to show that a gun law is consistent with rules that existed at the nation's founding. The Court's ruling led many gun rights organizations to file legal challenges to new and longstanding state and federal gun laws.
In 2024, the Court responded to a legal challenge filed by a criminal defendant who was convicted under the federal law that bans possession of a firearm by a person with an active domestic violence protection order. In U.S. v. Rahimi, the defendant claimed that the Court should overturn his conviction should based on Bruen. The Court disagreed. Voting 8-1, the Court's majority upheld the law and conviction.
The Court concluded that when a protection order "contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may — consistent with the Second Amendment — be banned from possessing firearms while that ban is in effect." The Court did not abandon the test in Bruen but clarified it. Reviewing courts must determine "whether the new law is 'relevantly similar' to laws that our tradition is understood to permit, applying faithfully the balance struck by the founding generation to modern circumstances."
Research the Law
- Tennessee Law
- Tennessee Legal Research
- Official State Codes —laws in all 50 states and D.C.
Tennessee Gun Control Laws: Related Resources
Facing Gun-Related Charges? Consult an Attorney Today
While the Second Amendment protects the right of law-abiding citizens to own and bear firearms, there are certain limits imposed at the state and federal levels.
If someone has charged you with a gun-related crime, even if you believe they're wrong, it's in your best interests to contact a criminal defense attorney in your state. They can offer legal advice for your defense and work toward the best possible outcome.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Tennessee attorneys offer free consultations.
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