Effective July 1, 2021 Tennessee became what everyone was calling a "Constitutional Carry" state. Second amendment supporters all over the state celebrated being able to carry a handgun open or concealed without having to have a permit and, especially, celebrated that the state constitution allowed it.
What they didn't realize is that, the Constitution of the State of Tennessee, has never been changed to make carrying a weapon legal. Under TCA 39-17-1307 "A person commits an offense who carries, with the intent to go armed, a firearm or a club". That one sentence is what keeps Tennessee from being classified as an actual "constitutional carry" state. Many 2nd Amendment supporters believe otherwise because that's what they were told.
What the state did was to put together a series of statutes that can be used as a "defense" or "exception" to the charge of carrying a firearm with intent to go armed. One of the defenses is that "you are on your own property". Another is that "you have a permit".
Governor Lee's law that he signed into effect contains at least 7 conditions that must be met before you can carry without a permit.
The person must be at least 21 years old. If you are in the military or honorably discharged the age is lowered to 18.
The person must "lawfully" possess a handgun. You can't carry a rifle, shotgun or a handgun with a barrel of 12" or longer.
The person must be in a place where they are lawfully present.
The person must never have been convicted of the misdemeanor crime of stalking
The person has not had one or more DUI's in the last 5 years or has not had 2 or more DUI's in the last 10 years
The person has never 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
The person is not otherwise prohibited from possessing a firearm
IF all these conditions are met, the permitless carry exception will apply. It's the burden of the individual to prove that all of these qualifications are applicable to his or her circumstances.
Even if these exceptions are met, there are areas where an individual cannot carry without a permit. Areas such as public prks, greenways and other situations under Tennessee law where a handgun permit is required to establish a defense or an exception to a criminal charge. So, those relying on the 2021 permitless carry law can still be prosecuted for carrying a handgun in public parks, on greenways, in public campgrounds and in other places or circumstances.
In Tennessee carrying a firearm in pubolic with the intent to go armed is a criminal act. If an officer observes someone doing this, they have the authority to stop the individual, detain them and decide whether or not to charge them for commiting the crime.
The permits and the permitless carry law are defenses to a criminal charge which are only required to be addressed at trial with a jury. That doesn't mean that an officer is precluded from using his or her discretion and not charging the crime if it is reasonably appears to them that the charges would result in a "not guilty" verdict at trial.
In addition a person carrying "permitless", can only carry in Tennessee and certain other states. In most cases you have to go through other states that do not allow for permitless carry. So, before you go all in and "constitutionally" carry your weapon, think and decide if you still think permitless carry is the best thing you have heard of or, if you just need to go on and get a permit.
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