Official Summary Text
Present law generally provides that a
person commits an offense who carries, with the intent to go armed, a firearm or a club
. A
first violation is a Class C misdemeanor, and, in addition
to up to 30 days in prison
, may
also
be punished by a fine
up to
$
500.
A second or subsequent violation is a Class B misdemeanor
, which is punishable by up to
six months
in prison,
a fine
up to $
500, or both
.
A violation is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the publ
ic where one or more persons were present.
However, there are two exceptions to the offense.
This bill removes this offense, its penalties, and its two exceptions.
CARRYING A FIREARM AFTER A DUI
Present law provides that a
person commits an offense who carries, with the intent to go armed, a firearm and
ha
s been convicted of the offense of driving under the influence of an intoxicant
,
in this or any other state
,
two or more times within the prior 10 years or on
ce
within the prior five years
. This bill removes this offense.
CARRYING AFTER DOMESTIC VIOLENCE
Present law provides that a
person commits an offense who possesses a firearm
if such person h
as been convicted of a misdemeanor crime of domestic violence and is still subject to the disabilities of such a conviction
. This bill only applies this offense to a person who has been
convicted within the
last
five years
and has not had the
ir
firearm rights
restored
, or is
otherwise
still subject to the disabilities of
the
conviction
.
CARRYING AFTER STALKING
Present law provides that a
person commits an offense who carries, with the intent to go armed, a firearm
if the person h
as been convicted of stalking
. This bill removes this provision and provides, instead, that it is unlawful for a person to carry a firearm if a person h
as been convicted of stalking
within the prior five years
.
CARRYING AFTER PROHIBITION TO CARRY
Present
law provides that a person commits an offense who carries, with the intent to go armed, a firearm if the person
has been
prohibited from possessing a firearm by
committing certain unlawful acts under federal law as such federal law
existed on January 1, 2021.
This bill clarifies that a person
is not prohibited from carrying a firearm based solely on
either of the following circumstances:
The person's status as an unlawful user of or a person who is addicted to any controlled substance unless a court has issued a finding that the person's substance use creates a material risk of dangerous conduct within the prior year
.
The person's prior conviction for a misdemeanor crime of domestic violence, if the conviction occurred more than five years prior or if the person's firearm rights have been restored
through state law.
CARRYING WEAPONS ON PUBLIC PARKS
AND BUILDINGS
Present law generally provides that i
t is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed,
certain weapons,
not used solely for instructional, display
,
or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, for recreational purposes.
If
a greenway traverses a park that is owned or operated by
a county, municipality
,
then
the greenway
is
considered a portion of that park unless designated otherwise by the local legislative body.
Such weapons include any of the following:
An explosive or an explosive weapon
.
A device principally designed, made or adapted for delivering or shooting an explosive weapon
.
A machine gun
.
Hoax device
.
Knuckles
.
Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.
However, present law provides that the above offense pertaining to public parks and buildings does
not
apply to certain persons, including, but not limited to,
(i)
p
ersons employed in the army, air force, navy, coast guard, or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons
; (ii) o
fficers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, in the discharge of their official duties
; and (iii) a
ny private police employed by the municipality, county, state or instrumentality thereof in the discharge of their duties
.
This bill deletes all of the above provisions pertaining to
carrying weapons
on public parks, playgrounds, civic centers
,
and other public recreational buildings and grounds.
This bill provides, instead, that it
is not an offense for a person authorized to carry a firearm
,
or a person who is not prohibited from carrying a firearm
,
to do so in any state or local park, on a greenway or other recreational property, or, to the extent permitted by federal law, within or on property designated by the federal go
vernment as a national park, forest, preserve, historic park, military park, trail, or recreation area.
DEFENSES TO UNLAWFUL CARRYING
Present law provides several
defense
s
to
the offense of carrying
, with the intent to go armed, a
firearm or a club.
Such defenses include all of the following,
if the possession or carrying was:
By a person authorized to possess or carry a firearm pursuant to their employment, an enhanced handgun carry permit, or a concealed handgun carry permit.
By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety while the officer is in the performance of the officer's official duties.
By a state, county or municipal judge or any federal judge or any federal or county magistrate.
By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons.
By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws.
By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from an appropriate out-of-state law enforcement agency and a photo identification. However, if no valid commission card and photo identification are retained, then it is unlawful for that officer to carry firearms in this state. This defense is only applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state.
By a person authorized to carry a handgun pursuant to a 21-day temporary handgun carry permit after being granted an order of protection, ex parte or otherwise.
This bill removes the above-listed defenses.
SELLING, LOANING, AND GIFTING FIREARMS TO MINORS
Present law generally provides that a
person commits an offense who
i
ntentionally, knowingly, or recklessly sells, loans
,
or makes a gift of a firearm to a minor
.
This bill removes this offense and its defense.
JUVENILE HANDGUN POSSESSION
Present law provides that it is an offense
for a juvenile to knowingly possess a handgun.
This bill deletes this provision and provides, instead, that it is an offense
for a juvenile to knowingly possess a
firearm.
Present law also provides that a firearm includes
a
weapon that will
,
is designed to
,
or may readily be converted to expel a projectile by the action of an explosive;
t
he frame or receiver of any such weapon;
a
ny firearm muffler or firearm silencer; or
a
ny destructive device
. However, a firearm does not include
an antique firearm
.
Defenses
Present law provides several defenses to the offense of a
juvenile knowingly possess
ing
a handgun
, including, if the juvenile is h
unting or trapping
pursuant to a valid license issued to the juvenile
. This bill removes this defense and provides, instead, that it is a defense if the juvenile is h
unting, trapping, fishing, camping, sport shooting, or
engaging in
other lawful sporting activity
.
This bill also provides the following defenses:
For
a juvenile possessing a rifle or shotgun, at the juvenile's
p
lace of residence
,
place of business
,
or
p
remises
.
For a
juvenile possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals
.
If the juvenile is legally e
mancipated
.
PROVIDING HANDGUNS TO JUVENILES
Present law provides that it
is an offense for a person intentionally, knowingly
,
or recklessly to provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile
.
Unlawfully providing or permitting a juvenile to possess a handgun
in such manner
is a Class A misdemeanor
, punishable by up to
11 months, 29 days
in prison
or a fine not to exceed $2,500
,
or both
.
It is
also
an offense for a parent or guardian intentionally, knowi
ngly or recklessly to provide a handgun to a juvenile or permit a juvenile to possess a handgun, if the parent or guardian knows of a substantial risk that the juvenile will use a handgun to commit a felony.
Unlawfully providing or permitting a juvenile to possess a handgun in
such a manner
is a Class D felony
, punishable by two to 12 years in prison and
a potential
fine
up to
$5,000
.
This bill changes the provisions above to no longer apply to handguns, but, instead, apply to firearms.
JUVENILE DELINQUENCY AND PARENTS NOTIFYING SCHOOLS
Additionally, present law requires t
he parents, guardians, or legal custodians, including the department of children's services acting in any capacity,
to notify a child's school
if the student has been adjudicated delinquent
for certain offense. Such offenses
include
handgun possession and providing handguns to juveniles.
This bill removes the two offenses listed above, and provides, instead, that a school must be notified if a student is adjudicated delinquent for f
irearm possession
or p
roviding
a
firearm to
a
juvenile
.
JUVENILE DELINQUENCY AND COURTS NOTIFYING SCHOOLS
If
a
child is found to be a delinquent child,
present law requires the court to
make a finding that the child's school
must
be notified if
t
he child has been adjudicated delinquent for
any of the following offenses:
C
arrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds.
Firearm possession
.
Providing firearms to juveniles
.
This bill removes th
ese
provision
s
.
POSSESSION OF HANDGUN WHILE UNDER THE
INFLUENCE
Even if someone has a carry permit
,
present law provides that
it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue.
It is an offense for a person to possess a firearm if the person is both
of the following:
Within the confines of an establishment open to the public where liquor, wine
or
other alcoholic beverages,
or beer
are served for consumption on the premise
s.
Consuming any alcoholic beverage listed
above.
Present law provides that a
violation of
the above
is a Class A misdemeanor
, punishable by up to
11 months, 29 days
in prison
or a fine not to exceed $2,500
,
or both
.
In addition to
such punishment,
if the violation is
committed as described above and
the person has a
n
enhanced
handgun
carry
permit or a
concealed
handgun
carry
permit,
then
such permit
must be suspended
for a period of three years.
This bill provides the same provisions above apply to firearms, not just handguns.
FIREARM RIGHTS RESTORATION AFTER DOMESTIC VIOLENCE CONVICTION
This bill authorizes a
person who has been convicted of a misdemeanor crime of domestic violence
within the prior five years
to
petition the court in which the person was convicted to have the person's firearm rights restored
. However,
the person may not petition the court until three
years from the date of conviction.
Petition
This bill requires a
copy of the petition for relief
to
be served on the district attorney general of the judicial district in which the offense occurred. The district attorney general may
appear, support, object to, or present evidence relevant to the relief sought by the petitioner.
This bill requires t
he court
to
receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning
all of the following:
Evidence of the offense and the circumstances surrounding the offense
,
The petitioner's mental health records
.
The petitioner's criminal history
.
The petitioner's reputation
.
Changes in the petitioner's circumstances relevant to the relief sought.
This bill requires t
he court
to
grant the petition for relief if it finds by a preponderance of the evidence and enters into the record
that (i) t
he petitioner is no longer likely to act in a manner that is dangerous to public safety
and (ii) g
ranting the relief would not be contrary to the public interest.
This bill requires a
record of the proceedings, to be provided by the petitioner,
to
be made by a certified court reporter or by court-approved electronic means.
The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted,
must
be de novo.
However, a
person may file a petition for relief no more than once.
Relief from firearm disability
This bill provides that r
elief from a firearm disability granted under
the above provisions has
no effect on the loss of civil rights, including firearm rights, for any reason other than the particular misdemeanor crime of domestic violence from which relief is granted. When the court issues an order granting a petition of relief
,
the court clerk
must
, as soon as practicable but no later than 30 days after issuance, forward a copy of the order to the
Tennessee bureau of investigation ("
TBI
")
. The TBI, upon receipt of the order,
m
ust do all of the following:
Immediately forward a copy of the order to the department of safety
.
If applicable, update the National Instant Criminal Background Check System database and transmit the corrected records to the
FBI.
Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
This bill prohibits t
he TBI and the department of safety
from
us
ing
or permit
ting
the use of the records or information obtained or retained pursuant to
the above provisions
for any purpose not specified
above.
Current Bill Text
Read the full stored bill text
SENATE BILL 2467
By Bailey
HOUSE BILL 2064
By Todd
HB2064
010956
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 16;
Title 36; Title 37; Title 39; Title 40; Title 49 and
Title 65, relative to weapons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting
subsections (a), (e), and (g) and subdivision (h)(1)(B).
SECTION 2. Tennessee Code Annotated, Section 39-17-1307(f)(1)(A), is amended by
deleting the subdivision and substituting:
(A) Has been convicted of a misdemeanor crime of domestic violence, as
defined in 18 U.S.C. § 921, within the prior five (5) years, and has not had the person's
firearm rights restored pursuant to § 39-17-1367, or is still subject to the disabilities of
such a conviction;
SECTION 3. Tennessee Code Annotated, Section 39-17-1307(f)(1)(C), is amended by
deleting the subdivision and substituting:
(C) Is prohibited from possessing a firearm under any other state or federal law;
provided, however, that a person is not prohibited from possessing a firearm based
solely on:
(i) The person's status as an unlawful user of or a person who is addicted
to any controlled substance unless a court has issued a finding that the person's
substance use creates a material risk of dangerous conduct within the prior one
(1) year; or
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(ii) The person's prior conviction for a misdemeanor crime of domestic
violence, if the conviction occurred more than five (5) years prior or if the
person's firearm rights have been restored pursuant to § 39-17-1367.
SECTION 4. Tennessee Code Annotated, Section 39-17-1307(h)(1)(A), is amended by
deleting the subdivision and substituting:
(A) Has been convicted of stalking, as prohibited by § 39-17-315, within the prior
five (5) years;
SECTION 5. Tennessee Code Annotated, Section 39-17-1307(h)(1)(D), is amended by
deleting the subdivision and substituting:
(D) Is otherwise prohibited from possessing a firearm by 18 U.S.C. § 922(g) as it
existed on January 1, 2021; provided, however, that a person is not prohibited from
carrying a firearm based solely on:
(i) The person's status as an unlawful user of or a person who is addicted
to any controlled substance unless a court has issued a finding that the person's
substance use creates a material risk of dangerous conduct within the prior one
(1) year; or
(ii) The person's prior conviction for a misdemeanor crime of domestic
violence, if the conviction occurred more than five (5) years prior or if the
person's firearm rights have been restored pursuant to § 39-17-1367.
SECTION 6. Tennessee Code Annotated, Section 39-17-1311, is amended by deleting
the section and substituting:
It is not an offense for a person authorized to carry a firearm pursuant to § 39-17-
1351 or § 39-17-1366 or a person who is not prohibited from carrying a firearm to do so
in any state or local park, on a greenway or other recreational property, or, to the extent
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permitted by federal law, within or on property designated by the federal government as
a national park, forest, preserve, historic park, military park, trail, or recreation area.
SECTION 7. Tennessee Code Annotated, Section 37-1-131, is amended by deleting
subdivision (a)(2)(B)(i)(v).
SECTION 8. Tennessee Code Annotated, Section 37-1-131, is amended by deleting
subdivisions (a)(2)(B)(i)(w) and (a)(2)(B)(i)(x) and substituting:
(w) Firearm possession, as defined in § 39-17-1319;
(x) Providing firearms to juveniles, as defined in § 39-17-1320; or
SECTION 9. Tennessee Code Annotated, Section 39-17-1303, is amended by deleting
subdivision (a)(1) and subsection (b).
SECTION 10. Tennessee Code Annotated, Section 39-17-1308, is amended by deleting
subdivision (a)(2) and subdivisions (a)(6)-(11).
SECTION 11. Tennessee Code Annotated, Section 39-17-1313(a), is amended by
deleting the language "pursuant to § 39-17-1307(g)".
SECTION 12. Tennessee Code Annotated, Section 39-17-1319, is amended by deleting
subdivision (a)(1).
SECTION 13. Tennessee Code Annotated, Section 39-17-1319, is amended by deleting
the word "handgun" wherever it appears and substituting "firearm".
SECTION 14. Tennessee Code Annotated, Section 39-17-1319(d)(1)(D), is amended
by deleting the subdivision and substituting:
(D) Hunting, trapping, fishing, camping, sport shooting, or other lawful sporting
activity;
SECTION 15. Tennessee Code Annotated, Section 39-17-1319(d)(1), is amended by
adding the following new subdivisions:
(I) By a juvenile possessing a rifle or shotgun, at the juvenile's:
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(i) Place of residence;
(ii) Place of business; or
(iii) Premises;
(J) By a juvenile possessing a rifle or shotgun while engaged in the lawful
protection of livestock from predatory animals; or
(K) Emancipated, pursuant to title 29, chapter 31.
SECTION 16. Tennessee Code Annotated, Section 39-17-1320, is amended by deleting
the word "handgun" wherever it appears and substituting "firearm".
SECTION 17. Tennessee Code Annotated, Section 39-17-1321, is amended by deleting
the section and substituting:
(a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-
1315 or § 39-17-1351 or § 39-17-1366, it is an offense to carry a firearm while under the
influence of alcohol as defined in § 55-10-401(2) or any controlled substance or
substance analogue.
(b) A violation of this section is a Class A misdemeanor.
(c) In addition to the punishment authorized by subsection (b) if the violation
occurs in an establishment where liquor, wine, or other alcoholic beverages, as defined
in § 57-3-101(a), or beer, as defined in § 57-6-102, are served for consumption on the
premises, and the person has a handgun carry permit issued pursuant to § 39-17-1351
or § 39-17-1366, such permit shall be suspended in accordance with § 39-17-1352 for a
period of three (3) years.
SECTION 18. Tennessee Code Annotated, Section 39-17-1359(f), is amended by
deleting the subsection and substituting:
(f) Except as provided in subsection (g), this section shall not apply to the
grounds of any public park, natural area, historic park, nature trail, campground, forest,
- 5 - 010956
greenway, waterway, or other similar public place that is owned or operated by the state,
a county, a municipality, or instrumentality thereof.
SECTION 19. Tennessee Code Annotated, Section 39-17-1359(g)(2)(B), is amended by
deleting the language "or § 39-17-1311(b)(1)(H)(ii)".
SECTION 20. Tennessee Code Annotated, Section 39-17-1364, is amended by deleting
the language "Notwithstanding § 39-17-1307, or any other law," and substituting
"Notwithstanding another law to the contrary,".
SECTION 21. Tennessee Code Annotated, Section 49-6-3051(b)(2)(H), is amended by
deleting the subdivision.
SECTION 22. Tennessee Code Annotated, Section 49-6-3051, is amended by deleting
subdivisions (b)(2)(I) and (b)(2)(J) and substituting:
(I) Firearm possession, as defined in § 39-17-1319;
(J) Providing firearm to juveniles, as defined in § 39-17-1320; or
SECTION 23. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended
by adding the following new section:
39-17-1367.
(a) A person who has been convicted of a misdemeanor crime of domestic
violence, as defined in 18 U.S.C. § 921, within the prior five (5) years may petition the
court in which the person was convicted of the offense to have the person's firearm
rights restored; provided, that the person may not petition the court until three (3) years
from the date of conviction.
(b) A copy of the petition for relief shall also be served on the district attorney
general of the judicial district in which the offense occurred. The district attorney general
may appear, support, object to, or present evidence relevant to the relief sought by the
petitioner.
- 6 - 010956
(c) The court shall receive and consider evidence in an open proceeding,
including evidence offered by the petitioner, concerning:
(1) Evidence of the offense and the circumstances surrounding the
offense;
(2) The petitioner's mental health records;
(3) The petitioner's criminal history;
(4) The petitioner's reputation; and
(5) Changes in the petitioner's circumstances relevant to the relief
sought.
(d) The court shall grant the petition for relief if it finds by a preponderance of the
evidence and enters into the record the following:
(1) The petitioner is no longer likely to act in a manner that is dangerous
to public safety; and
(2) Granting the relief would not be contrary to the public interest.
(e) A record of the proceedings, to be provided by the petitioner, shall be made
by a certified court reporter or by court-approved electronic means.
(f) The petitioner may appeal a final order denying the requested relief, and the
review on appeal, if granted, shall be de novo.
(g) A person may file a petition for relief under this section no more than once.
(h) Relief from a firearm disability granted under this section has no effect on the
loss of civil rights, including firearm rights, for any reason other than the particular
misdemeanor crime of domestic violence from which relief is granted.
(i) When the court issues an order granting a petition of relief under subsection
(d), the court clerk shall, as soon as practicable but no later than thirty (30) days after
- 7 - 010956
issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI).
The TBI, upon receipt of the order, shall:
(1) Immediately forward a copy of the order to the department of safety;
(2) If applicable, update the National Instant Criminal Background Check
System database and transmit the corrected records to the federal bureau of
investigation; and
(3) Remove and destroy all records relating to the petition for relief from
any database over which the TBI exercises control.
(j) The TBI and the department of safety shall not use or permit the use of the
records or information obtained or retained pursuant to this section for any purpose not
specified in this section.
SECTION 24. This act takes effect July 1, 2026, the public welfare requiring it.