Effective July 1, 2021, Public Act, Chapter No. 108 (HB0786/SB0765), amended Tennessee Code Annotated (T.C.A.) § 39-17-1307(g) to authorize any person at least 21 years of age, or 18 years of age and active-duty military or honorably discharged from the armed forces or reserves, to lawfully possess a firearm in a place where the person is lawfully present, to carry a firearm whether openly or concealed.
T.C.A. § 39-17-1313 was amended to provide, regardless of any ordinance or resolution to the contrary, a person who has a valid enhanced handgun carry permit or concealed handgun carry permit or who lawfully carries a handgun pursuant to T.C.A. § 39-17-1307(g) may transport or store a firearm or firearm ammunition in the person’s vehicle while on or using any public or private parking area if:
- the vehicle is parked in a location in which it is permitted to be; and
- the firearm or ammunition is transported or stored in the vehicle in a manner kept from ordinary observation or kept from ordinary observation and locked within the trunk, glove box, the interior of the vehicle or in a container securely affixed to the vehicle if the person is not in the vehicle.
Additionally, the statute requires an enhanced handgun carry permit holder and a concealed handgun carry permit holder to always have his/her permit in the holder’s immediate possession when carrying in a location or manner that would be prohibited except for the permit status and to display such permit to law enforcement on demand when in such situation.
The act also amends T.C.A. § 39-14-105 by increasing the penalty for theft of a firearm and T.C.A. § 40-35-501 by providing there shall be no release eligibility until a person serves 85% of a sentence, less sentence credits earned and retained, when a person is convicted of unlawful possession of a firearm when committing or attempting to commit a felony crime of violence, felony drug offense, or unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun.
The following is a list of where firearms can and cannot be carried:
CARRY ALLOWED
- Any location, unless otherwise posted or prohibited by law or where a permit is required
CARRY WITH PERMIT ONLY
- Where posted “Concealed Firearms by Permit Only” (Government or private buildings) (§ 39-17-1359)
- Parks (unless in use by a school for an athletic event or school activity on an athletic field) (§ 39-17-1311)
- Full-time registered employees of universities/higher education institutions (§ 39-17-1309)
- Campgrounds (§ 39-17-1311)
- Greenways, nature trails (§ 39-17-1311)
PROHIBITED CARRY
- Judicial buildings (§ 39-17-1306)
- Federal Buildings (18 U.S.C. § 930)
- Public schools, school buses (§ 39-17-1309)
- Property owned, operated, or while in use by a school (§39-17-1309 – 1311)
- Private schools where posted (§ 39-17-1309)
- While under the influence of an intoxicant, alcohol, or drugs (§ 39-17-1321)
- While consuming alcohol where authorized to serve (§ 39-17-1321)
- Public recreational buildings, civic centers (§ 39-17-1311)
- In any of the following, if posted “No Firearms Allowed” (§ 39-17-1359)
- Private businesses, corporations
- Libraries
- Buildings containing law enforcement agencies
- Mental health, substance abuse, or intellectual & development disability facilities
- Juvenile facilities
- Licensed health, safety, and environmental protection facilities
- Department of Human Services-licensed facilities that administer a Head Start program
- All other government buildings if posted “No Firearms Allowed” plus security measures (§ 39-17-1359)
