Gun Laws In Tennessee - Houses In Tennessee For Sale

Gun laws in Tennessee regulate the sale, possession, and use of firearms and ammunition in the state of Tennessee in the United States.

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Places off-limits even with a Handgun Carry Permit

Carrying of Firearms

Tennessee State Constitution, Article I, Section 26, reads:

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.

State supreme court rulings and state attorney general opinions interpret Section 26 to mean regulation cannot and should not interfere with the common lawful uses of firearms, including defense of the home and hunting, but should only be aimed at criminal behavior. Andrews v. State (1870) and Glasscock v. Chattanooga (1928) defined the meaning of regulating arms. "Going armed", carrying any sort of weapon for offense or defense in public, is a crime, except carrying a handgun for defense is allowed with a state-issued permit.

A license is required to carry a loaded handgun either openly or concealed. Such permits are issued through the Department of Safety to qualified residents 21 years or older for a 4-year term. Tennessee recognizes any valid, out-of-state permit for carrying a handgun as long as the permittee is not a resident of Tennessee. Nonresidents are not issued permits unless they are regularly employed in the state. Such persons are then required to obtain Tennessee permits even if they have home state permits unless their home state has entered into a reciprocity agreement with Tennessee. Permittees may carry handguns in most areas except civic centers, public recreation buildings & colleges. Businesses or landowners posting "no carry" signs may prohibit gun carry on any portion of their properties.

Carrying Handguns

Persons carrying firearms without recognized permits in public are prohibited from carrying handguns with the "intent to go armed." Intent is derived from the actions of the gun possessor and the state of the firearms in his/her possession. It is a violation of Tennessee law to carry a handgun openly or concealed when loaded with ammunition unless the wearer has a legal Tennessee handgun carry permit (however, per Tenn. Code Ann. 39-17-1351 r.(1) a facially valid handgun permit, firearms permit, weapons permit or license issued by another state shall be valid in this state [Tennessee] according to its terms and shall be treated as if it is a handgun permit issued by this state [Tennessee]).

Vehicle Transportation

May 1, 2014, this section was amended as follows effective July 1, 2014 - "Firearms and Ammunition - As enacted, creates an exception to the offense of carrying a firearm in public without a handgun carry permit that the person carrying or possessing a firearm or ammunition in a motor vehicle is not otherwise prohibited from carrying a firearm and is in lawful possession of the motor vehicle. - Amends TCA Title 39, Chapter 17, Part 13." and

Preemption

Except for four specific exceptions, Tennessee's preemption statute prevents localities from enacting any new laws regulating the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, licensing, registration, storage, and transportation of firearms and ammunition. The current statute also preempts any existing local law, ordinance or regulation concerning firearms, ammunition or their components. The exceptions allow localities to regulate 1) the carrying of firearms by their employees when acting in the course of the employees employment (except as provided in T.C.A. § 39-17-1313); 2) the discharge of firearms within the boundaries of the locality (except where permitted by State Law); 3) the location of a sport shooting range (except as provided in T.C.A. § 39-17-316 and T.C.A. § 39-3-412) and 4) the enforcement of any state or federal law pertaining to firearms and ammunition. Most aspects of licensed handgun carry are regulated exclusively by the state.

At one time, Tennessee required a purchase permit for a handgun approved by one's city police chief or county sheriff with a fifteen-day waiting period; that was replaced under the federal Brady Act with the Tennessee Instant Check System (TICS). Handguns in Tennessee are defined as having a barrel length of less than twelve inches per T.C.A. § 39-11-106(a)(16).

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