Tennessee Open and Concealed Carry Laws and Information

[lukem]

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Let me know if I missed anything.

 

[DrDavidM]

Hey Luke, There is an exception for carrying onto school grounds. You can drop off a student at school as long as the gun is not handled while doing so. Also, it is a violation of the law to carry where it is posted with this sign

PURSUANT TO § 39-17-1359, THE OWNER/OPERATOR OF THIS PROPERTY
HAS BANNED WEAPONS ON THIS PROPERTY, OR WITHIN THIS
BUILDING OR THIS PORTION OF THIS BUILDING. FAILURE TO COMPLY
WITH THIS PROHIBITION IS PUNISHABLE AS A CRIMINAL ACT UNDER
STATE LAW AND MAY SUBJECT THE VIOLATOR TO A FINE OF NOT
MORE THAN FIVE HUNDRED DOLLARS ($500).

The wording must be precise. A sign with a picture of a handgun with a slash through it does not count.

looks good thanks.

 

[lukem]

Thanks. This has been updated.

 

[Fallguy]

Just to clarify on 39-17-1359, the wording does not have to be "precisely" like the statute, just "substantially similar". I'm not sure but I think this is to allow the property owner to modify the wording as to what area of his property is off limits also as to whether all weapons are off limits or just handguns etc... But you are correct in that it can not simply be a slash and gun symbol. See TN AG Opinion 07-43

See Link Removed

On schools you can also leave it in your car if you are a non-student adult. See Link Removed(c)(1) ..the second half of the paragraph. The picking up and dropping off is also correct as stated under Link Removed(4)

Also even though there has been much discussion it is general excepted that Government owned Parks, Civic Center and recreational areas are off limits. Link Removed There are 2 TN AG opinions on this 07-148 and 08-26

As with the schools there is an exception for picking up and dropping off people under 39-17-1311(b)(1)(G)(iv) along with a few other exceptions.

You are right about open carry, here is the TN AG Opinion 05-154 if you like.

Also on alcohol and drugs that is covered under Link Removed there is no specific BAC limit. However recent legislation that is moving through the legislator that would make it illegal to hunt while intoxicated on public lands has a BAC of .08%, not sure if this would/could establish a BAC level under 39-17-1321 or not. See HB 1875

 

[lukem]

Thanks for the info guys! I just made another update.

 

[Fallguy]

On Informing Law Enforcement of Carry: You do not have to inform an officer you are armed, but if requested you must show your permit to the officer. He can also disarm you if he feels it is "reasonablly necessary" for his safety, your safety or the safety of others.

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Except as provided in subdivision (2), a permit issued pursuant to this section shall be good for four (4) years and shall entitle the permit holder to carry any handgun or handguns that the permit holder legally owns or possesses. The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer.


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Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual or individuals provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder.

 

[lukem]

Thanks again, page has been updated.

 

[braggon]

Here is another item that was added last year and may not be well known.

39-11-622. Justification for use of force — Exceptions — Immunity from civil liability. —

(a) (1) A person who uses force as permitted in §§ 39-11-611 — 39-11-614 or § 29-34-201, is justified in using such force and is immune from civil liability for the use of such force, unless:

[Acts 2007, ch. 210, § 3.]

I didn't copy the whole thing, basically if you use deadly force in a legal manner the thug, if he lives, or his family can't sue you.

 

[rrc1962]

I didn't copy the whole thing, basically if you use deadly force in a legal manner the thug, if he lives, or his family can't sue you.

That hasn't been tested in court yet. Until there is a president, I would count on a civil suit.

 

[Fallguy]

That hasn't been tested in court yet. Until there is a president, I would count on a civil suit.

39-11-622 doesn't really say you can't be sued...you pretty much can sue anyone for any reason. It just says (in the part not posted) if you are sued and the shooting is ruled justified, the person who brought the suit against you is supposed to pay your lawyer fees, compensation for loss of income and all expenses incurred by you in defending yourself against the suit.

I think one reason it hasn't been tested in court...and may never be, is if the DA doesn't file charges against you in a shooting, the odds of you being found liable in a civil suit are pretty low (granted not none at all). So if a lawyer looking at the case knows that if he looses his client will have to pay your lawyer and other monies awarded to you before he even gets paid....I don't think most lawyers would take it unless they thought it was a slam dunk...which would probably mean some sort of criminal charges against you.

Note....there is no immunity if you injure/kill an Innocent party or cause damage to their property.

39-11-622(b) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a person in defense of any civil action brought against the person based upon the person's use of force, if the court finds that the defendant was justified in using such force pursuant to §§ 39-11-611 — 39-11-614 or § 29-34-201.

 

[braggon]

Fallguy, Good perspective. We should keep an eye open for an opinion from the AG too.

 

[shewho]

A couple questions

4. It is unlawful to carry a weapon into a meeting where the owner has posted prominent signs at all entrances banning weapon possession.

It would be good to note that the "signs" referenced above are the "PURSUANT TO § 39-17-1359." Because, the way it's worded is a bit ambiguous and originally caused me some confusion, since point # 8 specifies this particular language (or language that is substantially similar), but point # 4 doesn't.

Also,

Public Chapter 339 – Handguns in Restaurants – This act authorizes any individual with a handgun carry permit to carry a firearm into a restaurant that serves alcoholic beverages as long as such individual is not consuming alcoholic beverages. However, a restaurant may choose to post a sign prohibiting firearms.

Effective Date: July 14, 2009

All info from: Link Removed

 

[lukem]

Thanks. This has been updated.

 

[marionandjohn]

(n) (1) Except as provided in subdivision (2), a permit issued pursuant to this section shall be good for four (4) years and shall entitle the permit holder to carry any handgun or handguns that the permit holder legally owns or possesses. The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer.

(2) A Tennessee permit issued pursuant to this section to a person who is in or who enters into the United States armed forces shall continue in effect for so long as the person's service continues and the person is stationed outside this state, notwithstanding the fact that the person may be temporarily in this state on furlough, leave, or delay en route, and for a period not to exceed sixty (60) days following the date on which the person is honorably discharged or separated from service or returns to this state on reassignment to a duty station in this state, unless the permit is sooner suspended, cancelled or revoked for cause as provided by law. The permit is valid only when in the immediate possession of the permit holder and the permit holder has in the holder's immediate possession the holder's discharge or separation papers, if the permit holder has been discharged or separated from the service

Thought you might want to add this for the period that the permit is valid for. Its good info for military personel who keep their TN residents and have a permit. Also the Nov. 20, 2009 ruling on the the restaraunt carry making it illegal to carry at a place that seves alcohol once again.

 

[rockman]

For TN, it looks like there are several bills in the house this year...ALso, was looking today to see if the CCW law states what to do if approached by a LEO. Any one remember from training?

Bill In KPT

 

[Fallguy]

For TN, it looks like there are several bills in the house this year...ALso, was looking today to see if the CCW law states what to do if approached by a LEO. Any one remember from training?

Bill In KPT

TN does not require you to notify an officer you are armed, although some think it is a good idea. The law does require you to present you carry permit to the officer if asked for it. The law also says the officer can disarm you for the duration of the encounter if the feels it is reasonably necessary for his protection, your protection or the protection of the public.

 

[tcox4freedom]

What about reciprocity?
Can a CC permit holder from a reciprocol state OC when in TN?

 

[Fallguy]

What about reciprocity?
Can a CC permit holder from a reciprocol state OC when in TN?

Yes.

TN honors all facially valid out of state permits as if issued by TN.

You can OC, with a permit, in TN.

 

[tcox4freedom]

Thanks Fallguy--
I plan on being in TN a lot this summer trying to start a business. SC is CC only. But, there are times I do prefer OC. I sure hope SC adopts OC soon!

 

[soar697877]

Military exempt in TN

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Let me know if I missed anything.

Luke, here is some updated info for you regarding the State of TN:


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•Effective July 1, 2005, all handgun permit applicants seeking a new permit must provide proof of U.S. Citizenship or Lawful Permanent Residency.

•Effective July 1, 2005, Tennessee handgun carry permit law will now allow certain applicants already exempt from complying with firing range provisions of the current statute to also be exempt from any classroom requirements. Those current exceptions are applicants who prove to the department that within five (5) years from the date of application for handgun permit, the applicant has:

1.Been certified by the police officer's standards and training commission, or
2.successfully completed training at the law enforcement training academy; or
3.successfully completed the firearms training course required for armed security guards; or
4.successfully completed all handgun training of not less than four (4) hours as required by any branch of the military.

I myself took advantage of the option # 4 above, as I retired from the Army after 20 yrs, and I have
qualified and maintained various small arm weapon proficiency, as I was an 11B Infantryman while in the
military, and continue to teach small arms after the military.

I showed only my military ID, and a pistol qual record (dated within 5 yrs of exiting the Army) to get my HCP in TN.