Tennessee overhauled its firearms laws in 2021 when the legislature passed a permitless carry statute that took effect on July 1 of that year. Under the new framework, adults who are at least 21 years old and who meet certain eligibility requirements can carry a handgun in most public places without obtaining a permit at all. That change did not eliminate the enhanced handgun carry permit system, it did not remove the prohibited-places restrictions, and it did not change the rules for people who are disqualified from possessing firearms. The result is a layered statutory scheme where the legality of carrying a weapon depends on the person’s age, criminal history, the type of weapon, and where they are standing when an officer makes contact. This post walks through all of those layers so you can see where the lines fall.
The Permitless Carry Framework: T.C.A. § 39-17-1307(g)
Before July 1, 2021, carrying a handgun in Tennessee without a permit was a criminal offense under T.C.A. § 39-17-1307. The statute made it a Class C misdemeanor to carry a handgun with the intent to go armed, unless the person held a valid handgun carry permit. The 2021 amendment added subsection (g), which created an affirmative exception for a defined class of people. If you meet every requirement in subsection (g), the general prohibition does not apply to you, and you can carry a handgun openly or concealed in most public places without a permit.
To qualify for permitless carry under § 39-17-1307(g), a person must satisfy all of the following conditions:
- Be at least 21 years of age (or at least 18 if an active-duty or honorably discharged military member)
- Be legally entitled to purchase or possess a handgun under both Tennessee and federal law
- Not have been convicted of a felony offense
- Not have been convicted of a misdemeanor domestic violence offense
- Not be subject to an active order of protection (OP)
- Not be the subject of a pending felony charge
- Not be currently prohibited from purchasing a firearm under the National Instant Criminal Background Check System (NICS)
The statute applies to handguns only. Long guns (rifles and shotguns) have their own regulatory framework, and the permitless carry exception does not extend to items like short-barreled rifles, machine guns, or other weapons regulated under the National Firearms Act.
The age requirement is one of the most common sources of confusion. A 20-year-old who is lawfully allowed to purchase a handgun in a private sale can still be charged under § 39-17-1307 for carrying that handgun on their person in public. The military exception lowers the threshold to 18, but it requires documentation of active-duty status or honorable discharge.
The domestic violence disqualifier tracks the federal prohibition under 18 U.S.C. § 922(g)(9). A conviction for misdemeanor assault against a domestic partner, former spouse, or co-parent of a child is enough to strip a person of the permitless carry right even though the underlying offense was a misdemeanor. This is one of the areas where a prior conviction has long-term collateral consequences that many people do not anticipate at the time of the plea.
The Enhanced Handgun Carry Permit: T.C.A. § 39-17-1351
Permitless carry did not eliminate the enhanced handgun carry permit (EHCP). The permit system still exists and still offers practical advantages that the permitless framework does not provide. Understanding the difference matters because the two systems operate in parallel, and the permit grants rights that permitless carry does not.
An enhanced handgun carry permit under § 39-17-1351 requires the applicant to:
- Complete an approved handgun safety course that includes live-fire training
- Submit fingerprints for a state and federal background check
- Pay the applicable fee (currently $65 for an initial eight-year permit)
- Meet all eligibility requirements that also apply to permitless carry
The practical benefits of holding the EHCP include:
- Reciprocity with other states. Tennessee has reciprocity agreements with dozens of other states. A Tennessee EHCP is honored when you travel to those states. Permitless carry is a Tennessee-only framework and provides no legal protection outside the state.
- Carry in certain restricted locations. Some locations that are otherwise off-limits become accessible with an EHCP. For example, permit holders can carry in state and local parks, greenways, and nature trails under T.C.A. § 39-17-1311.
- Streamlined purchases. An EHCP serves as a NICS alternative, meaning that the holder can purchase a firearm from a licensed dealer without undergoing a separate background check at the point of sale.
- Proof of eligibility. If an officer makes contact and asks about your authority to carry, an EHCP is definitive proof that you passed a background check and completed a safety course. Permitless carriers have to establish eligibility through other means, which can complicate a roadside encounter.
Tennessee also previously offered a concealed handgun carry permit (CHCP), which was a lower-cost option that did not require live-fire training. The CHCP was less widely accepted for reciprocity purposes and has been phased out for new applicants, though existing CHCPs remain valid until they expire. Anyone renewing will need to upgrade to the enhanced permit.
Prohibited Places: T.C.A. § 39-17-1309 and § 39-17-1316
Whether you carry under the permitless framework or with an EHCP, Tennessee law prohibits firearms in a list of specific locations. Violating a prohibited-places restriction is a separate criminal offense that can result in a misdemeanor or felony charge depending on the location.
The major prohibited places under § 39-17-1309 include:
- Courthouses and court buildings where judicial proceedings take place
- Government buildings that are posted with notice prohibiting weapons (T.C.A. § 39-17-1359 governs the posting requirements)
- Schools and school grounds under the Gun-Free School Zone provision in § 39-17-1309(b)(1), which cross-references § 39-17-1316
- Restaurants and bars that serve alcohol when the establishment is posted under § 57-4-203(g), but there is an exception for EHCP holders who are not consuming alcohol
- Public parks and greenways unless the municipality has opted out of the default prohibition (many Tennessee cities have opted out, allowing carry in parks)
- Private property when the owner or occupant has posted notice or given verbal notice that firearms are not permitted
The school zone provision deserves separate attention because it is one of the strictest prohibited-places statutes. Under T.C.A. § 39-17-1316, it is a Class E felony to possess a firearm in a school zone, which is defined as the school building, the school grounds, a school bus, and any area within a specified distance of the school property. The intent behind the statute is to create a buffer zone around every educational facility. The practical effect is that dropping off a child at school with a firearm in the car can trigger felony exposure if the person does not fall within one of the statutory exceptions.
The exceptions to the school zone prohibition include: a person who holds an EHCP, a person who has the weapon secured in a motor vehicle (unloaded and not accessible to the occupant), and law enforcement officers. Permitless carriers who do not have an EHCP must ensure the weapon is secured in the vehicle in compliance with the statutory requirements when they are within a school zone.
Unlawful Carrying or Possession of a Weapon: Penalties
The penalties for weapons offenses in Tennessee vary significantly based on the specific charge. A person who carries a handgun without meeting the permitless carry requirements and without holding a valid permit faces a Class C misdemeanor under T.C.A. § 39-17-1307(a), which carries up to 30 days in jail and a fine of up to $500.
That baseline penalty escalates in several scenarios. If the person carries a handgun while under the influence of alcohol or a controlled substance, the offense is enhanced. If the person carries a firearm into a prohibited place, the offense may be charged as a Class A misdemeanor (up to 11 months 29 days) or a Class E felony (one to six years), depending on the location.
The felony-level weapons charges include:
- Possession of a firearm by a convicted felon under T.C.A. § 39-17-1307(b) is a Class B felony carrying 8 to 30 years. This is one of the most heavily prosecuted weapons charges in Davidson County. Read more about felon-in-possession charges in Tennessee.
- Possession of a firearm during the commission of a dangerous felony under T.C.A. § 39-17-1324 adds a mandatory minimum consecutive sentence to the underlying offense
- School zone possession under § 39-17-1316 is a Class E felony for persons who do not meet the statutory exceptions
- Possession of prohibited weapons such as short-barreled rifles, silencers without proper federal registration, or explosive devices under § 39-17-1302 is a Class E felony
For a broader explanation of how Tennessee classifies criminal offenses and the sentencing range for each level, see Tennessee Sentencing Ranges Explained.
Carrying a Firearm in a Vehicle
Tennessee law treats firearms in vehicles differently depending on the person’s permit status and the type of weapon. Under T.C.A. § 39-17-1307(e), any person who is not prohibited from possessing a firearm may transport a loaded or unloaded handgun in a motor vehicle if the handgun is in a case, a gunbox, a glove compartment, or any other enclosed container. This provision applies even to people who do not qualify for permitless carry, provided they are not otherwise prohibited from possessing the weapon.
For people who qualify for permitless carry under subsection (g), the vehicle restriction is less significant because they can carry on their person or anywhere in the vehicle. The distinction matters most for people between 18 and 20 who own a handgun but are too young for permitless carry, and for people who are traveling through Tennessee from a state that does not have reciprocity with Tennessee. These individuals must keep the weapon in an enclosed container within the vehicle to comply with § 39-17-1307(e).
Long guns have a different set of rules. Tennessee does not generally prohibit the transportation of rifles or shotguns in a vehicle. The restrictions that apply are situational: hunting regulations may limit loaded firearms in vehicles during certain seasons, and the prohibited-places restrictions under § 39-17-1309 apply to long guns just as they apply to handguns in locations like schools and courthouses.
During traffic stops, the question of whether the officer can search the vehicle and access the firearm raises Fourth Amendment issues that go beyond the weapons statute itself. The officer’s authority to search depends on the circumstances of the stop, whether the officer has probable cause or consent, and whether the weapon was in plain view. A weapon found during an unlawful search may be subject to suppression regardless of whether the person was legally carrying it.
Interaction with Other Charges
Weapons charges rarely exist in isolation. In Davidson County, a significant percentage of weapons cases involve an additional charge such as drug possession, driving under the influence, or a violation of an order of protection. The combination of charges creates compounding legal exposure that needs to be evaluated as a whole.
For example, a person who is pulled over for a DUI and has a handgun in the vehicle faces both the DUI charge and a potential weapons charge if they were carrying the gun while impaired. A person who is arrested for domestic assault and found to have a firearm in their possession may face a separate charge for possession while subject to an OP, even if the OP was just issued at the initial hearing.
The weapons-during-a-felony statute, T.C.A. § 39-17-1324, creates an additional layer of exposure when a firearm is present during the commission of certain dangerous felonies. This statute adds a mandatory consecutive sentence if the person possessed a firearm during offenses such as robbery, aggravated assault, carjacking, or kidnapping. The enhancement applies even if the weapon was not used or displayed during the offense, as long as it was in the person’s possession or readily accessible at the time.
If your case involves allegations of drug possession alongside a weapons charge, understanding Tennessee drug schedules and charges is a useful starting point. If the case involves a traffic stop, Fourth Amendment search and seizure principles may apply to whether the weapon was lawfully discovered.
Defenses to Weapons Charges
The defense strategy in a weapons case depends entirely on which statute is at issue and what the prosecution has to prove. Several common defense frameworks apply across the most frequently charged weapons offenses.
Eligibility for Permitless Carry
If the charge is unlawful carrying under § 39-17-1307(a), the defense may be that the person met every requirement of subsection (g) at the time they were carrying. The burden is on the prosecution to prove beyond a reasonable doubt that the person was not eligible. If the person was 21 or older, had no felony convictions, no DV misdemeanor convictions, no active OP, and no pending felony charges, the carrying was lawful.
Illegal Search
Many weapons charges begin with a traffic stop or a pedestrian encounter where the officer discovers the weapon during a search. If the search was conducted without a warrant and without a valid exception to the warrant requirement, the weapon may be suppressed as evidence. Suppression motions are one of the most effective tools in weapons cases because without the weapon itself, the prosecution’s case often collapses.
Constructive Possession Challenges
When the weapon is found in a car with multiple occupants or in a shared residence, the prosecution has to prove that the defendant had constructive possession of the weapon, meaning they knew it was there and had the ability and intention to exercise dominion and control over it. Constructive possession is a factual question that the jury decides, and it can be challenged when the weapon was in a common area accessible to multiple people.
Lack of Intent
Under § 39-17-1307, the prosecution must prove that the person carried the weapon with the intent to go armed. A person who is transporting a weapon in a closed case or moving it from one location to another without the intent to have it available for use may not meet the statutory definition of carrying with intent to go armed.
Frequently Asked Questions
Can I carry a gun in Tennessee without a permit?
Yes, if you are at least 21 years old (or 18 with qualifying military service) and you meet the eligibility requirements of T.C.A. § 39-17-1307(g). You cannot have a felony conviction, a misdemeanor domestic violence conviction, or an active order of protection. You must also be legally entitled to purchase and possess a firearm under federal law. If you meet all of those conditions, you can carry a handgun openly or concealed in most public places without a permit.
What places are off-limits even with a carry permit?
Courthouses and court buildings, schools and school grounds, government buildings that are posted as weapons-free, and private property where the owner has given notice are all prohibited locations under T.C.A. § 39-17-1309. Restaurants and bars that serve alcohol are prohibited when posted, but EHCP holders can carry in those establishments as long as they are not consuming alcohol. The penalty for carrying in a prohibited place ranges from a Class A misdemeanor to a Class E felony depending on the location.
What is the penalty for a convicted felon possessing a gun in Tennessee?
Felon in possession of a firearm under T.C.A. § 39-17-1307(b) is a Class B felony, which carries a sentencing range of 8 to 30 years in prison. There is no probation-eligible pathway for a standard Range I offender convicted of this charge. It is one of the most serious weapons offenses in Tennessee law. Read more about felon-in-possession charges.
Should I get a carry permit even though Tennessee has permitless carry?
There are strong practical reasons to obtain the enhanced handgun carry permit even though you can legally carry without one. The EHCP provides reciprocity with other states, grants access to certain restricted locations, streamlines firearm purchases, and serves as immediate proof of your eligibility during a law enforcement encounter. The safety course requirement also provides training that many gun owners find valuable. The permit costs $65 for eight years and requires a one-time training course.
Can I be arrested for having a gun during a traffic stop?
It depends on whether you meet the eligibility requirements for permitless carry or hold a valid permit. If you do, having a gun in your vehicle during a traffic stop is not a crime. Tennessee does not require you to affirmatively disclose the presence of a firearm during a stop, though many officers will ask. If you do not meet the eligibility requirements or if there is an additional complicating factor such as impairment, outstanding warrants, or a prohibited-person status, you could be arrested on a weapons charge.
Talk to a Criminal Defense Lawyer
If you are facing criminal charges in Nashville or anywhere in Middle Tennessee, attorney Nathan Cate can help you understand what you are up against and what your options look like. Nathan has tried 53 jury trials to verdict in Tennessee courts, with 12 outright Not Guilty acquittals. He is a court-qualified criminal defense expert witness who handles every category of criminal case in Davidson County and throughout Middle Tennessee.
Call (615) 664-8083 to schedule a consultation, or visit the office at 222 2nd Avenue North, Suite 220, Nashville, TN 37201.
You can also learn more about Tennessee criminal law on this site, including pages on the difference between felonies and misdemeanors, Tennessee sentencing ranges, and the criminal appeals process.