Gun laws can be tricky. What feels like common sense in one state can land you in serious trouble in another. While Tennessee is considered a gun-friendly state, there are still rules that must be followed. And when you don’t abide by them, that can lead to criminal weapons charges.
If you own a firearm or want to carry one, here is a look at Tennessee gun law. By taking time to learn what can and cannot be done in the state, you can avoid legal trouble.
Do You Need a Permit to Carry?
Tennessee allows both permitless carry and enhanced handgun carry permits. These two laws cause a lot of confusion.
Under Tennessee Code § 39-17-1307, most individuals who are 21 or older can carry a handgun without a permit. For military members and certain others, the age requirement may be lower.
However, permitless carry is allowed, but it comes with limitations. You can carry a handgun in public, either openly or concealed, as long as you are legally allowed to possess a firearm.
Who Cannot Possess a Firearm?
Keep in mind that not everyone is legally allowed to have a gun in Tennessee. Under Tennessee Code § 39-17-1307(b), certain individuals are prohibited from possessing firearms. These groups include:
- Convicted felons
- Individuals convicted of domestic violence offenses
- Those subject to certain orders of protection
- Individuals with specific mental health adjudications
If you possess a firearm when you are legally prohibited, that can lead to serious criminal charges, including felony offenses.
Where Guns Are Not Allowed
Even if you can legally carry a firearm, some places restrict guns. For example, firearms are prohibited in:
- Schools and school grounds
- Courthouses and judicial buildings
- Certain government properties
- Private property where the owner has posted a proper notice
Businesses and property owners in Tennessee also have the right to ban firearms on their premises. Ignoring these restrictions can turn a lawful carry situation into a criminal offense.
Carrying in Your Vehicle
Tennessee law is flexible when it comes to firearms in vehicles. If you are legally allowed to possess a firearm, you can keep it in your car. Many people store it in the glove compartment, console, or another secure area. No matter where you choose, if you leave a firearm in your vehicle, you must secure it properly.
What About Use of Force and Self-Defense?
Under Tennessee Code § 39-11-611, individuals may use force, including deadly force. This can only happen in situations where someone reasonably believes it is necessary to prevent serious harm or death.
However, the key is reasonable. If the use of force is not justified under the law, a self-defense claim may not hold up. In these cases, criminal charges could follow.
How to Transport Firearms Across State Lines
If you travel with a firearm, you need to stay aware. Tennessee’s laws may be more permissive than those in neighboring states. What is legal in Tennessee might not be legal just across the border.
If you have a handgun carry permit, it may be recognized in other states through reciprocity agreements. Without a permit, you could run into legal issues depending on where you go. It is always a good idea to check the laws of your destination before traveling.
What Are the Penalties for Violations?
If you violate any of these gun laws, that could mean serious consequences for you. Depending on the situation, these penalties may include:
- Misdemeanor or felony charges
- Fines
- Jail or prison time
- Loss of firearm rights
Even a minor mistake, such as entering a restricted area, can result in legal trouble that will need the assistance of a criminal defense lawyer.
Be Mindful of Gun Laws in Tennessee
What are the Tennessee gun laws that you must know to avoid legal trouble? Yes, the state has more flexibility than some states when it comes to gun ownership and carry, but that does not mean the rules are optional.
When it comes to firearms, staying informed is not just a good idea; it is essential. At Erik Herbert Law, we are ready to help with your gun crime case. We will conduct a full review of the facts and help you understand your options. Contact us today to schedule a consultation.
