Tennessee Gun Control Laws

By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed November 15, 2024

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) Definitions — Section 39-17-1301 Prohibited weapons — Section 39-17-1302 Sales, loans, or gifts; restrictions — Section 39-17-1303 Firearm ammunition; restrictions — Section 39-17-1304 Judicial proceedings; carrying weapons — Section 39-17-1306 Carrying or possession of weapons — Section 39-17-1307 Carrying or possession of weapons; defenses — Section 39-17-1308 Carrying or possession of weapons; school buildings and grounds — Section 39-17-1309 Carrying or possession of weapons; school buildings and grounds; affirmative defenses — Section 39-17-1310 Carrying or possession of weapons; public recreational areas — Section 39-17-1311 Carrying or possession of weapons; children or minors; inaction by parents or guardian — Section 39-17-1312 Sales; requirements; background check — Section 39-17-1316 Providing handguns to juveniles; penalty — Section 39-17-1320 Application for enhanced handgun carry permit — Section 39-17-1351 Prohibiting the possession of weapons on certain property; when permitted; notice — Section 39-17-59 Concealed handgun carry permits — Section 39-17-1366
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: Have been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving the use of a deadly weapon Have been convicted of a felony drug offense Have been convicted of a misdemeanor crime of domestic violence as defined in federal law Have been convicted of stalking Have one or more convictions for DUI in the last five years or two or more convictions for DUI in the last 10 years Are subject to an order of protection Are banned from possessing a firearm under any other state or federal law Has been adjudicated a mental defective, judicially committed to a mental health institution, or had a court appoint a conservator due to a mental defect Are under 25 and have been adjudicated delinquent for certain acts Tennessee also bans the possession of a handgun by anyone: With a felony conviction Who is under 18 years of age
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: Be at least 21 years old or at least 18 years old and an active member of the United States military or honorably discharged from the military Provide proof of identity and state residency such as Tenn. driver's license Provide two sets of fingerprints to the Department of Safety and Homeland Security Provide proof of competence with a handgun which may include proof of completion of a handgun safety course or firearms training course Pay the application fee ($65) Provide a signed acknowledgment form showing you read and understand state law on handguns Not have been convicted of a felony offense or a disqualifying misdemeanor offense such as domestic violence or stalking Not be under an indictment or information for a felony offense or a disqualifying misdemeanor offense Not be subject to an order of protection Not be a fugitive from justice Not be an unlawful user of or addicted to alcohol or any controlled substance Not have been a patient in a rehabilitation program or hospital for alcohol or drug addiction by a court order within 10 years Not have been a voluntary patient in a rehabilitation program or hospital for alcohol or drug addiction within three years Not have been convicted of DUI one or more times within five years or two or more times within 10 years Not have been adjudicated as a mental defective: hospitalized in a mental institution; appointed a conservator by reason of a mental defect; judicially determined to be disabled by reason of mental illness, developmental disability, or another mental incapacity; and not found by a court to pose an immediate substantial likelihood of serious harm within seven years Not be unlawfully present in the United States Not have been dishonorably discharged from the armed forces Not have renounced their United States citizenship Not be receiving Social Security disability benefits by reason of alcohol dependence, drug dependence or mental disability Passing a criminal background check
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: Unlawful possession of a handgun after felony conviction is a Class E felony, punishable by one to six years in prison and a fine of up to $3,000. Unlawful possession of a machine gun is a Class E felony, punishable by one to six years in prison and a fine of up to $2,500. Unlawful sale or gift of a firearm to a minor is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a fine of up to $2,500. Unlawful provision of a handgun to a minor by a parent or guardian with knowledge that the minor intends to commit a felony is a Class D felony, punishable by two to 12 years in prison and a fine of up to $5,000.
Penalties for illegal possession on or near school grounds	It is illegal to possess or carry, openly or concealed, a firearm in any school building or bus, on any school campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any board of education, school, college, or university. If the offender carries the firearm intending to go armed, it is a Class E felony and is punishable by one to six years in prison and a fine of up to $3,000. If the offender did not intend to go armed, it is a Class B misdemeanor punishable by up to six months in jail and a fine of $500.
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."

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