Tennessee Concealed Carry Firearm Laws

Tennessee: Gun Laws Summary

Tennessee is a shall-issue state with concealed weapons permits issued at the state level by the Department of Safety & Homeland Security. Non-residents may apply for a HCP if they work in the state on a regular basis and hold a valid concealed carry permit in their home state. They can only make an application after being employed for six months and then only within six months after the initial six-month work period. In terms of reciprocity, Tennessee honors all concealed carry permits from other states. (Senate Bill 705)

Permitless Carry

As of July 1, 2021, a law was passed creating a statutory “exception” which allows permitless open and concealed carry for anyone that at least 18 years old or older, that may lawfully possess a handgun, is in a place where the person has a right to be and meets three additional criteria as defined in the table below. Some areas are off-limits, including government buildings and schools. (House Bill 786)

Defense of Third Person

A person is justified in threatening or using force against another to protect a third person if the person reasonably believes the force is immediately necessary to protect the third person from unlawful force. (Tenn. Code. Ann. § 39-11-611)

Defense of Property

A person in lawful possession of real or personal property or personal property of a third person is justified in threatening or using force against another when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other’s trespass on the land or unlawful interference with the property. (Tenn. Code. Ann. § 39-11-612)

Unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other’s trespass on real estate or unlawful interference with personal property. (Tenn. Code. Ann. § 39-11-614)

Self-Defense

Tennessee is a Castle Doctrine state and has a “stand your ground” law. A person who is in a place lawfully and who is not engaged in illegal activity has no duty to retreat before using or threatening to use force that’s likely to cause serious bodily injury or death if:

The person reasonably believes there’s an imminent danger of serious bodily injury or death;
The danger is real or honestly believed to be real at the time; and
The belief of danger is founded upon reasonable grounds.

A person who uses deadly force within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest when the force is used against someone who unlawfully and forcibly entered the place. (Tenn. Code. Ann. § 39-11-611)

Tennessee: Gun Laws at a Glance


Open Carry	Yes. As of July 1, 2021, permitless open carry is legal for anyone meeting the 7 criteria in the permitless carry section above. [Tennessee Code Annotated, § 39-17-1307]
Concealed Carry Permits	Tennessee provides permits on a shall-issue basis.
Minimum Age for Concealed Carry Permit	You must be 21 or at least 18 years of age and honorably discharged from military service or be on active duty and have completed basic training.
Concealed Carry of Weapons Other Than Handguns	No. A Tennessee HCP does not cover the concealed carry of weapons besides handguns.
Taser or Stun Gun Ownership	Yes. Stun guns and Tasers are legal to purchase and possess for self-defense, without a permit.
Chemical Spray/Pepper Spray	Yes. There is no statute prohibiting the purchase or use of pepper spray in Tennessee.
Handgun Magazine Capacity Restrictions	No. There are no restrictions on handgun magazines in Tennessee.
Ammunition Restrictions	Yes. It is an offense to manufacture, sell, offer for sale, display for sale or use any ammunition containing a bullet with a hollow-nose cavity that is filled with an explosive material and designed to detonate upon impact. The only exception is for state or federal military personnel. [Tenn. Code Ann. § 39-17-1304]
Permitless Carry	Yes. Unlike what may exist In other states, it is a crime under Tennessee law to carry a firearm with the “intent to go armed”. The 2021 law created a statutory “exception” to Tennessee Code Annotated § 39-17-1307(g) and (h), provided seven specific conditions are met. Therefore, as of July 1, 2021, permitless open and concealed carry is legal for anyone:

At least 18 years old or older. (In April 2021, the Firearms Policy Coalition (FPC) sued the state of Tennessee for prohibiting 18- to 20-year-olds from carrying a concealed firearm in public or from obtaining a permit, stating that these restrictions were unconstitutional. On Jan. 23, 2023, Attorneys for the state of Tennessee entered into an agreed order in federal court with the FPC. The order stipulates that the state’s restrictions were unconstitutional and that they will no longer be enforced. The order immediately went into effect).
That may lawfully possess a handgun;
That is in a place where the person has a right to be;
That has not been convicted of stalking;
That has not been convicted of the offense of driving under the influence of an intoxicant in this or any other state 2 or more times within the prior 10 years or one time within the prior five years;
That has not been adjudicated as a mental defective, judicially committed to, or hospitalized in, a mental institution, or had a court appoint a conservator for the person by reason of a mental defect; and
Is not otherwise prohibited from possessing a firearm by 18 U.S.C. 922(g) as it existed on Jan. 1, 2021.

[Tennessee Code Annotated, §§ 39-17-1307(a)(1) and 39-17-1307(g) and (h)] |

Tennessee: Carry Locations


Carrying a concealed firearm at roadside rest areas in Tennessee	Yes, with an enhanced HCP or a concealed carry permit from a state that Tennessee honors. [Tenn. Code. Ann. § 39-17-1311(H)]
Carrying a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Tennessee	Yes, with an enhanced HCP or a concealed carry permit or a concealed carry permit from a state that Tennessee honors. See the National Parks webpage for links to each Park in Tennessee. [Tenn. Code. Ann. § 39-17-1311(H)]
Carrying a concealed firearm in bars and restaurants that serve alcohol in Tennessee	Yes, without a permit, unless posted and provided you don’t consume any alcohol. [Tenn. Code. Ann. § 39-17-1321]
Laws relating to storing firearms in private vehicles in an employee parking lot in Tennessee	Employers cannot prohibit their employees from transporting or storing a firearm or firearm ammunition in an employer parking area if the firearm or ammunition is kept from ordinary observation in a locked compartment within the vehicle or in a container securely affixed to such motor vehicle. Handgun carry permit holders may also store their firearms in their vehicles on public or private property so long as the vehicle is in a place it is allowed to be and the firearm is kept from ordinary observation in a locked compartment within the vehicle or in a container securely affixed to such motor vehicle. [Tenn. Code Ann. § 50-1-312][Tenn. Code Ann. § 39-17-1313(a)]
Carrying or possessing a firearm on hotel property in Tennessee	Private businesses may restrict or deny concealed carry on their premises. The individual hotel should be contacted to inquire about its concealed carry policy. See the Handguns at Hotels page for additional information. [Tenn. Code. Ann. § 39-17-1359(b)]
Carrying a concealed handgun in a vehicle in Tennessee	Yes, anyone who is not otherwise prohibited from owning a firearm and is in lawful possession of the motor vehicle may concealed carry or openly carry a handgun. In addition, unless expressly prohibited by federal law, firearms may be transported and stored in a vehicle while on or utilizing any public or private parking area if the motor vehicle is parked in a location where the motor vehicle is permitted to be and the firearm or ammunition being transported or stored in the motor vehicle is kept from ordinary observation if the person is in the motor vehicle or is kept from ordinary observation and locked within the trunk, glove box or interior of the person’s motor vehicle or a container securely affixed to the motor vehicle if the person is not in the motor vehicle. [Tennessee Code Annotated § 39-17-1307(g) and § 39-17-1313(a)]

Tennessee: Key State Laws


Does Tennessee issue concealed carry permits to non-residents?	Yes, for military personnel on active duty in the state and persons who work in the state on a regular basis provided they hold a valid concealed carry permit in their home state. [source]
Does Tennessee allow the public to access concealed carry registry information through public records law?	No. The public cannot access Tennessee’s concealed carry registry. [source]
Do you have a duty to inform a police officer that you’re carrying a concealed firearm in Tennessee?	There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in Tennessee. A permit holder must have the permit in the holder’s immediate possession at all times when carrying a handgun in a location or manner that would be prohibited if not for the person’s status as a concealed handgun carry permit holder or an enhanced handgun carry permit holder and must display the permit on demand of a law enforcement officer under such circumstances. [source]
Is my Tennessee driver’s license linked to my Tennessee carry permit?	Yes. Your Tennessee driver’s license is the same as your Tennessee handgun carry permit. Therefore, a law enforcement officer will know immediately that you are a concealed carry permit holder if they run your driver’s license. [source]
Does Tennessee have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?	Yes, the state has preemption of firearms laws in Tennessee, except municipalities may regulate: The carrying of firearms by local government employees or independent contractors when acting in the course and scope of their employment or contract; and The discharge of firearms within the limits of the city, county, town municipality or metropolitan government. As of July 1, 2021, local governments may not prohibit an enhanced handgun carry permit holder from possessing a handgun on public property unless the local government provides a security system consisting of metal detectors and inspection by trained personnel for such property. [source]
Does Tennessee have a red flag law?	No. Tennessee does not have a red flag law. [source]
Does Tennessee state law define brandishing?	No definition of brandishing was found in Tennessee law. A person commits an offense who, in a public place and with intent to cause public annoyance or alarm, engages in fighting or in violent or threatening behavior. [source]
Does Tennessee have laws regarding carrying a concealed firearm while using alcohol or controlled substances?	Not while consuming or under the influence of alcohol or any controlled substance or controlled substance analogue. [source] As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense.	Yes, provided the signs which are posted at the discretion of the property owner/manager strictly comply with the content requirements in Tennessee Code Annotated § 39-17-1359, relative to the images and wording on the sign. Prohibited areas must be posted with appropriately worded signs in prominent locations or portions of the property or building where weapon possession is prohibited or restricted. Concealed Handgun Carry Permit holders are subject to this prohibition, although a property owner may make an exception for a handgun to be carried in a concealed manner by a person authorized to do so. [source]

Tennessee: Handgun Purchase and Possession


Permit to Purchase	No. Permits are not required when purchasing a handgun in Tennessee.
Background Checks for Private Sales	No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun. [source]
Exemption for Concealed Carry Permit Holders	No. [source]
Handgun Waiting Period	No. There is no state-mandated waiting period for handgun purchases in Tennessee. [source]
Handgun Registration	No. Handgun registration is not required in Tennessee. [source]
Minimum Age for Handgun Possession and Transport	The minimum age to possess or transport a handgun is 18 years old. [Tenn. Code Ann. § 39-17-1319]
Permitless Carry in Home or Business	Yes. A permit is not required for anyone legally entitled to carry a firearm in the person’s place of residence, place of business or premises. A private landlord can prohibit tenants, including those who hold handgun carry permits, from possessing firearms within a leased premises. Such a prohibition may be imposed through a clause in the lease and must meet the terms of TCA § 66-28-402. [Tenn. Code Ann. § 39-17-1308(a)(3)]