Official Summary Text
Present law authorizes a
person who petitions the court and is granted an order of protection, ex parte or otherwise, to, for 21 calendar days after that order of protection is granted, carry a handgu
n
that the person legally owns or possesses so long as the person has in the
ir
possession at all times while carrying the handgun a copy of the order of protection.
For such purposes, a "handgun" means
a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or
other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed
12
inches
. This bill removes this definition and, instead, defines a "handgun" as
any firearm with a barrel length of less than
12
inches that is designed, made
,
or adapted to be fired with one hand
.
JUVENILE DELINQUENCY
–
NOTIFICATION TO SCHOOL
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
was
adjudicated delinquent
for certain offenses, including the offense of c
arrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds
. This bill removes this requirement for that specific offense.
Present law also requires a child's school to be notified
if
t
he child
was
adjudicated delinquent
for handgun possession. This bill removes this requirement for such offense, and provides, instead, that a school must be notified if the child was adjudicated delinquent for u
nlawful carrying of a firearm by a juvenile
.
"FIREARM" DEFINED
Present law criminal offenses define a "firearm" as a
weapon that will or 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
firearm muffler or firearm silencer; or
a
destructive device; and
does
not include an antique firearm
. This bill removes this definition and, instead, defines a "firearm" as
a weapon that will or is designed to expel a projectile by the action of an explosive
.
"DEADLY FORCE" DEFINED
Present law provides that i
t is
generally
a defense to prosecution that the conduct of the person is justified
. For such defenses, "d
eadly force
"
means force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury
. This bill removes this definition and, instead, defines "d
eadly force
"
a
s the use of force that is intended by the defendant to cause, and is capable of causing, death or a substantial risk of death
.
PROTECTION OF PROPERTY
Unless a person is justified in using deadly force
in
la
w, present law provides that
a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property.
This bill adds that a
threat to use deadly force is not considered use of deadly force for purposes of
protecting property, protecting a third person's property, and use of a device to protect property.
This bill provides, generally, that a
person who, in defense of real property the person lawfully owns, rents, or leases, threatens the use of deadly force, including by displaying a deadly weapon, against another who unlawfully entered the person's real property and refuses to leave upon
request
, is presumed to have been justified in doing so and must not be charged for the display of a deadly weapon and must not have the person's weapon
confiscated.
However, such justification is not presumed if any of the following are true:
The person knew or had reason to believe that the individual entering the property had a right to do so
.
The individual entering the property immediately identifies themselves and states the lawful reason
for being
there, and, unless the individual has a right to be there, leaves upon
request.
The individual entering the real property did so accidentally or without the intent to trespass and immediately leaves upon
request.
The entering is brief and obviously innocent
.
The entering or remaining on the real property is otherwise justified.
JUSTIFIED USE OF FORCE DEFENSE
This bill provides that a
person who uses force as permitted by
applicable common
or statutory
law
is immune from criminal prosecution for the use of such force, unless
t
he individual against whom force was used is a law enforcement officer acting
within their
duties and the person using force knew or reasonably should have known that
it
was a law enforcement officer
. The person is also not immune if t
he force used resulted in the death or injury of an innocent bystander or other individual against whom the force was not justified
.
I
n
such a
case
,
the immunity does not apply to a criminal prosecution related to the death or injury of the innocent bystander or other indivi
dual against whom force was not justified.
Procedure
This bill authorizes a
defendant
to
raise a justified use of force
defense
by submitting a written statement in a letter from the defendant or a person acting on
their
behalf. The letter must be addressed to
at least
one of the investigating law enforcement officers, the office of the district attorney general for the jurisdiction, or the clerk for
the
court in which charges have been filed. The defendant is not required to include any declaration or statement other than a statement that the defendant as
serts that the use of force was justified.
As used in this paragraph, a
"defendant" means a person who uses or threatens to use force against another and asserts that the force used or threatened was justified, and includes any other person charged with, acting in concert with, or having criminal responsibility for a person w
ho uses or threatens to use force.
If
a defendant raises a
justified
use of force
defense,
or evidence of
such
justification or self-defense is brought to the attention of or observed by law enforcement
, then this bill requires all of the following to occur:
The appropriate law enforcement agency
must
conduct a full investigation of the potential defense of justification
.
All evidence of the investigation must be preserved
.
At the conclusion of the investigation, the investigating officer
must
generate a discoverable report of evidence relevant to the justification claim
.
The law enforcement agency
must
not confiscate a person's weapon or charge or arrest the person for an offense based on the use of force unless the law enforcement agency has determined that there is probable cause to believe that the force used was unlawful and there is not probable cause to believe that the use of force was justified. If a law enforcement officer seeks to charge or arrest the person for an offense based on the use of force, then the officer must include as an affirmative element of the charging affidavit that the officer has complied with the requirements of this
bill
and that, based on the officer's investigation, there is not probable cause to believe that the defendant's use of force was justified.
Probable Cause
This bill prohibits a
prosecutor
from
commencing
a criminal prosecution for a criminal offense based on an alleged unlawful use of force, including a charge of being an accessory, before determining whether there is probable cause to believe that the use of force was unlawful and whether there is proba
ble cause to believe that, based on a consideration of all the facts and available testimony, the state can prevail in negating any defense of justification at trial.
If a law enforcement agency obtains an arrest warrant prior to consulting with the district attorney general, then
this bill requires
the district attorney general
to
make the
probable cause
evaluations required
above
before proceeding with the prosecution.
If a law enforcement agency consults with the district attorney general before seeking an arrest warrant, then
this bill requires
the district attorney general
to
make the
probable cause
evaluations required
above
before the affidavit of complaint is submitted and the affidavit of complaint must comply with
this bill.
In any instance in which a grand jury indictment is sought on a matter involving the alleged unlawful use of force, including a charge of being an accessory,
this bill requires
the entity or individual presenting the matter to the grand jury
to do all of the following
:
Make
required probable cause evaluations
before presenting the matter to the grand jury
.
Advise the grand jury that a claim of justification has been or may be raised
.
Present to the grand jury for its consideration any evidence or testimony that is at that time available to the entity or individual on the issue of justification.
Motions and Hearings
Prior to the commencement of a trial,
this bill authorizes
the defendant
to
make a motion for a justified use of force hearing. Upon the defendant's motion, the trial court
must
conduct a hearing to determine whether the force used by the defendant was justified under applicable law. The defendant must file a motion under this
bill
no less than
90 days prior to trial.
I
f the defendant moves for a justified use of force hearing or upon the court's own motion, then
this bill requires
the court
to
expedite the hearing and issue a decision within 40 days of the motion. Either party may request additional time beyond the
40
-day period to prepare, in which case the court
must
order that the hearing be reset on the first docket following the time period granted for the continuance. The defendant is entitled to at least one hearing after being charged and at least one hearing
following the conclusion of discovery.
This bill provides that t
he sole issue at the justified use of force hearing is whether the defendant used force or threatened the use of force in a manner that is justified by applicable law and is immune from criminal prosecution under this
bill
.
This bill authorizes t
he defendant
to
testify at the hearing. If the defendant chooses not to testify, then the defendant's silence cannot be used against the defendant in resolving the hearing. If the defendant chooses to testify, then the defendant's testimony cannot be used for any reas
on other than the consideration of the hearing or for impeachment at trial if the defendant testifies at trial.
If the defendant establishes a prima facie case that the use of force or threatened use of force was justified under applicable law, then
this bill shifts
the burden of proof to the prosecution to demonstrate by clear and convincing evidence that the use of force or threatened use of force was not justified.
If, after a justified use of force hearing, the court concludes that the defendant has raised a prima facie case that the defendant's use of force was justified and the prosecution has failed to prove by clear and convincing evidence that the force was n
ot justified, then
this bill requires
the court
to
enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.
If the court does not rule in favor of the defendant following a justified use of force hearing, then
this bill provides that
the defendant is not precluded from asserting at any other point in the case that the use of force was justified. Once the issue of justification has been raised by the defendant, the state bears the burden of proof at trial to prove beyond a reasonable
doubt all of the elements of the charged conduct and to negate the claim that the use of force was justified.
This bill prohibits t
he prosecution
from
present
ing
evidence at trial that was not presented in a use of force hearing if such hearing was held.
Attorney's Fees
If the court dismisses the criminal prosecution
because the
prosecution failed to prove by clear and convincing evidence that the force was
not justified
at the
hearing
,
then
this bill requires
the court
to
award the defendant attorney's fees, court costs, loss of income
compensation
, and all expenses incurred by the defendant in
such
defense
.
USE OF DEADLY FORCE BY A LAW ENFORCEMENT OFFICER
Present law authorizes a
law enforcement officer, after giving notice of the officer's identity as such,
to
use or threaten to use force that is reasonably necessary to accomplish
an
arrest of an individual suspected of a criminal act who resists or flees from the arrest.
This bill authorizes a
law enforcement officer who uses or threatens
to use such
force
to
raise a defense of justification
pursuant to this bill.
USE OF DEADLY FORCE BY PRIVATE CITIZEN
S
Present law generally authorizes a
private citizen, in making an arrest authorized by law,
to
use force reasonably necessary to accomplish the arrest of an individual who flees or resists arrest
.
However,
a private citizen cannot use or threaten to use deadly force
,
except
as
authorized under self-defense or defense of third person statut
ory law.
This bill removes the limitation that
a private citizen cannot threaten to use deadly force
,
except to
such
extent
, and provides, instead, that a
threat to use deadly force, by itself, is not considered use of deadly force.
However, a
private citizen
must
not threaten to use deadly force unless the arrest is for a crime committed or threatened against the person making the arrest or a violent crime committed or threatened in the presence of
such
person.
A
"
violent crime
"
means
arson, intentional or knowi
ng assault, burglary, carjacking, vandalism, intentional or knowing homicide, kidnapping, robbery, sexual battery, rape, and human trafficking, that involves intentionally or knowingly causing bodily injury or reasonable fear of bodily injury to another.
CARRYING WEAPONS DURING JUDICIAL PROCEEDINGS
Present law generally prohibits a person from
intentionally, knowingly, or recklessly carry
ing
on or about the person while inside any building in which judicial proceedings are in progress
certain
weapon
s
, for the purpose of going armed
. However,
if the weapon carried is a firearm,
then
the person is in violation of this
offense
regardless of whether the weapon is carried for the purpose of going armed.
A violation is a
Class E felony
,
punishable by no less than one year in prison and a fine up to $3,000.
This bill removes the provisions in the above paragraph, and, instead, authorizes a
court
to
prohibit the carrying of firearms in a court building or courtroom by posting signage. As used in this
provision
,
a
"court building" means a courthouse or building designated for the regular holding of judicial proceedings, which is identifiable to the public by plainly visible signage at each public entrance designating the building as a courthouse or court building.
I
f
such place
has been posted in accordance w
ith
this bill,
then it is an offense to carry a firearm in
that place
.
A violation is a Class A misdemeanor
,
punishable by up to 11 months, 29 days in prison
;
a fine up to $2,500
;
or both
.
Signage Requirements
If a court elects to prohibit the carrying of firearms in the court building or courtroom
as described above
, then
this bill requires,
at all commonly used entrances
,
signs that
include all of the following:
T
he phrase "NO FIREARMS ALLOWED
"
at least 1" high and 8" wide.
T
he phrase "As authorized by T.C.A. § 39-17-1306
."
A
pictorial representation of the phrase "NO FIREARMS ALLOWED" that must include a circle with a diagonal line through the circle and an image of a firearm inside the circle under the diagonal line. The circle must be at least 4" in diameter. The diagonal line must be at a 45° angle from the upper left to the lower right side of the circle.
However, this bill does not require s
ignage installed prior to July 1, 2026
,
to be updated if the signage clearly indicates the prohibition of firearms in the building in English,
is
sufficient
ly
size
d
, contain
s
a pictorial representation of a firearm in a circle with a diagonal line at a 45°
angle, and is plainly visible.
This bill provides that s
ignage not compliant with
such specifications
does not prohibit a court from prohibiting the possession of weapons by persons
who are not exempt, as listed below,
or from enforcement of such prohibition, except that a person violating th
e prohibition
does not commit a criminal offense unless the person is made aware of the prohibition and refuses to comply.
Exempted Persons
This bill exempts from any prohibition on the
carrying of firearms in a court building or courtroom
a person who
meets any of the following criteria
:
Has been directed by a court to bring the firearm
as
evidence.
Is in the actual discharge of official duties as a law enforcement officer, or is employed in the
armed forces, including the
Tennessee national guard in the line of duty and pursuant to military regulations
.
I
s in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal, or other court officer who has responsibility for protecting persons or property or providing security
.
Is not a defendant in a criminal case, or is not a party in a family law matter or child custody matter
and
i
s
either
a law enforcement officer
or
vested with judicial powers
; or is
a district attorney general, an attorney licensed to practice law in the United States and in good standing, or other officer of the court
,
and is authorized to carry a firearm or handgun, keeps the handgun concealed at all times
,
and is not in a room in which judicial proceedings are in progress.
UNLAWFUL CARRYING OR POSSESSION OF A WEAPON
Present law provides that a
person commits an offense who carries, with the intent to go armed, a firearm or a club.
The first violation is a Class C misdemeanor, and, in addition to possibl
y
up to 30 days
imprisonment, may be punished by a fine not to exceed $500.
A second or subsequent violation is a Class B misdemeanor
,
punishable by up to six months in prison, a fine of up to $500, or both.
A violation is a Class A misdemeanor
punishable by up to 11 months, 29 days in prison
;
a fine up to $2,500
;
or
both
,
if the person's carrying of a handgun occurred at a place open to the public where one or more persons were present.
This bill removes the provisions in this paragraph.
Defenses
Present law provides i
t is a defense t
o the
offense
of carrying
, with the intent to go armed, a firearm or a club
if the possession or carrying was
b
y 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
. It is
also a defense if the possession or carrying was by
a 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
. This bill removes these defenses.
CARRYING WEAPONS ON SCHOOL PROPERTY
Present law provides, generally, that i
t is an offense for a person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive,
knife,
knuckles
,
or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in a public or private school building
, bus, or
property owned, operated, or while in use by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational instit
ution.
However, present law provides i
t is not an offense for a non
-
student adult to possess a pocket knife
while the adult is on school property for the sole purpose of voting in an election
if it
is concealed
and
not handled by the adult, or by another person acting with the
ir
expressed or implied consent
. A violation is a
Class E felony
,
punishable by no less than one year in prison and a fine up to $3,000.
Additionally, present law generally provides that p
ossess
ing
or carry
ing a firearm
, whether openly or concealed,
on school property
is a Class B misdemeanor
,
punishable by up to six months in prison, a fine of up to $500, or both
.
However, it
is not an offense
for a non
-
student adult to possess a firearm, if
it
is contained within a private vehicle operated by the adult and is not handled by the adult, or by a
n
other person acting with the expressed or implied consent of the adult, while the vehicle is on
school property.
This bill removes the provisions in the two prior paragraphs, and provides, instead, that i
f a public or private school bus or building is properly posted according to
certain standards outlined below under the heading "
Signage Standards
,"
then it is an offense for a person to possess or carry, whether openly or concealed, with the intent to go armed, a firearm, explosive, explosive weapon, bowie knife, ice pick, dagger, slingshot, leaded cane, blackjack, knuckles, or any other weapon of l
ike kind
, includi
ng
razors and razor blades
, not used solely for instructional or school-sanctioned purposes, while on a public or private school bus or inside of a public or private school building that offers any of the grades
K-12
.
A violation is a Class A misdemeanor
,
punishable by up to 11 months, 29 days in prison, a fine up to $2,500, or both.
However, this bill provides that it
is not an offense for an adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the v
ehicle is on school property.
A violation is a Class B
misdemeanor
,
punishable by up to six months in prison, a fine of up to $500, or both
.
Signage Standards
Present law requires e
ach chief administrator of a public or private school
to
display in prominent locations about the school a sign, at least 6" high and 14" wide, stating:
"
FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY.
" This bill removes this provision.
This bill, instead, generally requires such
chief administrator
to
display in prominent locations about the school building, including all entrances, a sign, at least 6" high and 14" wide, stating: THE UNAUTHORIZED CARRYING OF WEAPONS ON A SCHOOL BUS OR INSIDE OF A SCHOOL BUILDING IS A CRIMINAL OFFENSE. The sign must i
nclude a pictorial representation of a circle with a diagonal line through the circle and an image of a firearm, or firearm and knife, inside the circle. The entire pictorial representatio
n must be at least 4" high and 4" wide. The diagonal line must be at
45°
angle from the upper left to the lower right side of the circle.
If a school already has a sign in accordance with present law as outlined above, this bill allows such a sign to have
the same effect as a sign compliant with
this bill.
However, this bill authorizes a
school
to
choose not to post
such a sign
or to instead post a warning to the public that armed personnel may be present on the school premises or that attackers will be met with force.
As mentioned above, i
f a school elects not to post pursuant to
a sign
or elects to instead post a warning, then the carrying of weapons on school property does not
,
in and of itself
,
constitute a criminal offense
.
H
owever, the school may still restrict or prohibit carrying weapons on school
property pursuant to school policy and is not prohibited from enforcing such policy, except as provided in this
bill,
or other state and federal laws.
Exempt Persons
This bill provides that the above-described offenses of carrying a weapon or firearm onto school property that has such signage, do not apply to the following people:
Persons employed in the army, air force, space 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
.
Civil officers of the United States in the discharge of their official duties
.
Officers and soldiers of the militia and the national guard called into actual service
.
Officers of any state, county, city, or town charged with enforcement of the law
.
Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties
.
Any private police employed by the administration or board of trustees of any public or private educational institution
.
Any registered security guard/officer who meets the requirements of the Private Protective Services Licensing and Regulatory Act
.
Persons within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place, if the person is not otherwise prohibited from possessing or carrying the weapon possessed or carried by the person
.
Nonstudent adults carrying a pocket knife, pepper spray, pepper gel, or mace while on school property for any lawful purpose
.
Persons authorized to carry a handgun pursuant to
handgun carry permits
, if the person keeps the handgun concealed at all times.
Higher Education
This bill provides that such offenses
do not apply to universities, college campuses, and other public or private non-kindergarten through
twelfth grade
educational institutions or property.
T
his
bill further
does not prohibit, and a public or private school, university, or educational institution
must
not prohibit, an adult student or other adult person permitted to be on campus or the school's or educational institution's property, from possessing mace, pepper spray, a pepper spray gun, pepper gel, a st
un gun, or an electronic control device or other conductive energy device for purposes of self-defense.
CARRYING WEAPONS ON PUBLIC PARKS
AND BUILDINGS
Present law generally provides that i
t is an offense for a 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:
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,
such as (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 the above provisions under this heading and 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 government as a national park, forest, preserve, historic park, military park, trail, or recreation area.
TRANSPORTING AND STORING A FIREARM OR FIREARM AMMUNITION
Present law authorizes certain
person
s to
transport and store a firearm or firearm ammunition in the person's motor vehicle
while on or utilizing a
public or private parking
area if certain requirements are met.
Those so authorized include a
person
who
is at least
21,
or
18 if such person i
s
(i)
an honorably discharged or retired veteran of the United States armed forces;
(ii)
honorably discharged member of the army
, air, or air force
national guard
or reservist
who has successfully completed a basic training program; or
i
s
(iii)
a member of the United States armed forces on active duty status or
is a current member of the
army, air, or air force national guard or reservist
, who has successfully completed a basic
training program
. The person must also
lawfully possess the handgun
and be
in a place where the person is lawfully present.
This bill removes that such persons are authorized to transport and store firearms and ammunition in their motor vehicles, and provides, instead, that anyone who
is not prohibited from possessing or carrying a firearm
may transport and store firearms and ammunition in their motor vehicles, so long as such present law requirements are met.
JUVENILE HANDGUN POSSESSION
With certain exceptions, present law provides that
it is an offense for a juvenile to knowingly possess a handgun.
This bill removes this provision and provides, instead, that
it is an offense for a juvenile to carry, with the intent to go armed, a firearm
, as defined by this bill.
POSSESSION OF HANDGUN WHILE UNDER INFLUENCE
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.
This bill removes this provision and provides, instead, that i
t is an offense for
such
a person to possess a handgun in a public place.
As used in this paragraph, "u
nder the influence of alcohol" means the alcohol concentration in the person's blood or breath is 0.08% or more.
LAW ENFORCEMENT OFFICERS PERMITTED TO CARRY FIREARMS
Present law generally authorizes a
law enforcement officer
to
carry firearms at all times and in all places within
this state
, on-duty or off-duty, regardless of the officer's regular duty hours or assignments, except
for certain exceptions. However, such
authority
does
not extend to a law enforcement officer
in the following situations
:
Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm.
If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office
.
Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance or controlled substance analogue
.
Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding.
This bill removes these exemptions.
Community
Corrections Officers
Present law generally authorizes
a community corrections officer who holds a valid handgun carry permit
to
carry a handgun at all times and in all places in
this state
while in the course of employment and engaged in the actual discharge of official duties, except
certain exceptions,
federal law, or lawful orders of court.
However, such authorization only extends to community corrections officers in
Claiborne, Grainger, Hancock, Hawkins, Jefferson,
and
Union
counties. This bill removes the provision that
restricts such authorization to such certain counties, thereby authorizing community corrections officers in all counties.
HANDGUN
PROHIBITION AT CERTAIN MEETINGS
Present law generally authorizes
an individual, corporation, business entity, or local, state, or federal government entity or agent thereof
to p
rohibit
or restrict
the possession of weapons by a person
with a handgun carry permit
who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government
. However, notice of such prohibition or restriction must be posted in prominent locations and meet certain specifications.
It is an offense to possess
a weapon in a building or on property that is
so
posted.
A
violation is a Class B misdemeanor punishable by fine only of $500.
This bill removes the provisions in the above paragraph and provides, instead, that, generally,
an entity of local government or a permittee thereof is not authorized to enact or enforce a prohibition or restriction on the possession of a handgun by an enhanced handgun carry permit holder or concealed handgun carry permit holder on property owned or
administered by the entity unless
m
etal detection devices
and a
t least one
law enforcement or private security officer who has been adequately trained to condu
ct inspections of persons entering the property by use of metal detection devices are provided at each public entrance to the property
.
Each person who enters the property through the public entrance when the property is open to the public and any bag, package, and other container carried by the person is inspected by a law enforcement or private security officer or an authorized represen
tative with the authority to deny entry to the property.
However, this bill provides that the provisions in the prior paragraph do
not apply to
any of the following places:
Facilities that are licensed
by the
department of mental health and substance abuse services or
juvenile courts of the department of children's services.
Property on which firearms are prohibited on school property
.
Courtrooms and court buildings
.
Facilities that
are
correctional facilities, penitentiaries, or jails.
RETIRED LAW ENFORCEMENT
ANNUAL REQUIREMENTS TO CARRY A FIREARM
Present law authorizes a
law enforcement officer acting as an individual and not as an employee, agent
,
or on behalf of a governmental entity who has retired in good standing, as determined solely by the chief law enforcement officer of the retired officer's law enforcement agency,
to
utilize
certain
methods to meet the annual requirements to carry a firearm that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enfor
cement officer to carry a firearm of the same type
, including that a retired off
icer
is only
required to undergo the criminal history background check portion of the certification process.
Present law provides that n
o fewer than
90
days prior to the expiration of the officer's initial certification
,
the office
must
undergo a criminal history background check in accordance with
present law
procedure
s. This bill removes this provision and provides, instead, a
t least 90 days prior to the expiration of the retired officer's certification
,
the retired officer
must
submit a request for recertification to the Tennessee POST commission. Upon receipt of the request for recertification, the Tennesse
e POST commission
must
request a criminal history record check of the retired officer by the TBI. Upon request of the Tennessee POST commission, the TBI
must
conduct a criminal history record check using all computer searches available to the bureau based solely upon the retired officer's name, date of birth, and social security number
,
and send the results to the Tennessee POST commission. The retired officer is not required to submit a new set of fingerprints for recertification.
LAW ENFORCEMENT OFFICER AS SCHOOL RESOURCE OFFICER
If a law enforcement officer is assigned to a school
as
a school resource officer
,
then
present law requires
the chief of the law enforcement agency that assigned the law enforcement officer
to
notify the director of schools and the principal of the school of
w
hether the officer carries a firearm
. This bill removes this notification requirement.
Current Bill Text
Read the full stored bill text
HOUSE BILL 2514
By Fritts
SENATE BILL 2478
By Hensley
SB2478
012720
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 16;
Title 36; Title 37; Title 38; Title 39; Title 40; Title
49; Title 55 and Title 65, relative to weapons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 36-3-626(a), is amended by deleting
"as defined in § 39-17-1319" and substituting "as defined in § 39-11-106".
SECTION 2. Tennessee Code Annotated, Section 37-1-131, is amended by deleting
subdivision (a)(2)(B)(i)(v).
SECTION 3. Tennessee Code Annotated, Section 37-1-131(a)(2)(B)(i)(w), is amended
by deleting "Handgun possession" and substituting "Unlawful carrying of a firearm by a
juvenile".
SECTION 4. Tennessee Code Annotated, Section 39-11-106, is amended by deleting
subdivision (a)(13) and substituting:
(13) "Firearm" means any weapon that will or is designed to expel a projectile by
the action of an explosive;
SECTION 5. Tennessee Code Annotated, Section 39-11-602, is amended by deleting
subdivision (2) and substituting:
(2) "Deadly force" means the use of force that is intended by the defendant to
cause, and is capable of causing, death or a substantial risk of death; and
SECTION 6. Tennessee Code Annotated, Section 39-11-602, is amended by adding
the following as a new subdivision:
( ) "Violent crime" includes:
- 2 - 012720
(A) A criminal offense that involves intentionally or knowingly causing
bodily injury or reasonable fear of bodily injury to another; and
(B) An offense of arson, intentional or knowing assault, burglary,
carjacking, vandalism, intentional or knowing homicide, kidnapping, robbery,
sexual battery, rape, and human trafficking;
SECTION 7. Tennessee Code Annotated, Section 39-11-614(c), is amended by adding
the following sentence at the end of the subsection:
A threat to use deadly force is not considered use of deadly force for purposes of this
section, § 39-11-615, or § 39-11-616.
SECTION 8. Tennessee Code Annotated, Section 39-11-614, is amended by adding
the following new subsection:
(d)
(1) A person who, in defense of real property the person lawfully owns,
rents, or leases, threatens the use of deadly force, including by displaying a
deadly weapon, against another who unlawfully entered the person's real
property and refuses to leave upon being requested to do so, is presumed to
have been justified in doing so and must not be charged for the display of a
deadly weapon and must not have the person's weapon, including a firearm,
confiscated.
(2) Subdivision (d)(1) does not apply if:
(A) The person knew or had reason to believe that the individual
entering the property had a right to do so;
(B) The individual entering the property immediately identifies
themselves and states the lawful reason the individual is there, and,
- 3 - 012720
unless the individual has a right to be there, leaves upon being requested
to do so;
(C) The individual entering the real property did so accidentally or
without the intent to trespass and immediately leaves upon being asked
to do so;
(D) The entering is brief and obviously innocent; or
(E) The entering or remaining on the real property is otherwise
justified.
SECTION 9. Tennessee Code Annotated, Title 39, Chapter 11, Part 6, is amended by
adding the following new section:
39-11-617.
(a) A person who uses force as permitted by §§ 39-11-611 – 39-11-616, § 39-
11-620, § 39-11-621, or § 39-17-1322, or under any other applicable common law or
statutory provisions addressing the justifiable use of force, is immune from criminal
prosecution for the use of such force, unless:
(1) The individual against whom force was used is a law enforcement
officer acting in the scope of the officer's official duties and the person using force
knew or reasonably should have known that the individual was a law
enforcement officer; or
(2) The force used by the person resulted in the death or injury of an
innocent bystander or other individual against whom the force was not justified, in
which case the immunity does not apply to a criminal prosecution related to the
death or injury of the innocent bystander or other individual against whom force
was not justified.
- 4 - 012720
(b) As used in this section, "defendant" means a person who uses or threatens
to use force against another and asserts that the force used or threatened was justified,
and includes any other person charged with, acting in concert with, or having criminal
responsibility for a person who uses or threatens to use force.
(c) A defendant may raise a justified use of force claim by submitting a written
statement in a letter from the defendant or a person acting on behalf of the defendant.
The letter must be addressed to one (1) or more of the investigating law enforcement
officers, the office of the district attorney general for the jurisdiction, or the clerk for a
court in which charges have been filed. The defendant is not required to include any
declaration or statement other than a statement that the defendant asserts that the use
of force was justified.
(d) When a defendant raises a justification for the use of force or evidence of
justification or self-defense is brought to the attention of or observed by law
enforcement:
(1) The appropriate law enforcement agency shall conduct a full
investigation of the potential defense of justification;
(2) All evidence of the investigation must be preserved;
(3) At the conclusion of the investigation, the investigating officer shall
generate a discoverable report of evidence relevant to the justification claim; and
(4) The law enforcement agency shall not confiscate a person's weapon
or charge or arrest the person for an offense based on the use of force unless
the law enforcement agency has determined that there is probable cause to
believe that the force used was unlawful and there is not probable cause to
believe that the use of force was justified. If a law enforcement officer seeks to
charge or arrest the person for an offense based on the use of force, then the
- 5 - 012720
officer must include as an affirmative element of the charging affidavit that the
officer has complied with the requirements of this subsection (d) and that, based
on the officer's investigation, there is not probable cause to believe that the
defendant's use of force was justified.
(e) A prosecutor shall not commence a criminal prosecution for a criminal
offense based on an alleged unlawful use of force, including a charge of being an
accessory, before determining whether there is probable cause to believe that the use of
force was unlawful and whether there is probable cause to believe that, based on a
consideration of all the facts and available testimony, the state can prevail in negating
any defense of justification at trial.
(f)
(1) If a law enforcement agency obtains an arrest warrant prior to
consulting with the district attorney general, then the district attorney general
shall make the evaluations required by subsection (e) before proceeding with the
prosecution.
(2) If a law enforcement agency consults with the district attorney general
before seeking an arrest warrant, then the district attorney general shall make the
evaluations required by subsection (e) before the affidavit of complaint is
submitted and the affidavit of complaint must comply with subdivision (d)(4).
(3) In any instance in which a grand jury indictment is sought on a matter
involving the alleged unlawful use of force, including a charge of being an
accessory, the entity or individual presenting the matter to the grand jury shall:
(A) Make the evaluations required by subsection (e) before
presenting the matter to the grand jury;
- 6 - 012720
(B) Advise the grand jury that a claim of justification has been or
may be raised; and
(C) Present to the grand jury for its consideration any evidence or
testimony that is at that time available to the entity or individual on the
issue of justification.
(g)
(1) Prior to the commencement of a trial, the defendant may make a
motion for a justified use of force hearing. Upon the defendant's motion, the trial
court shall conduct a hearing to determine whether the force used by the
defendant was justified under applicable law. The defendant must file a motion
under this subdivision (g)(1) no less than ninety (90) days prior to trial.
(2) If the defendant moves for a justified use of force hearing or upon the
court's own motion, then the court shall expedite the hearing and issue a decision
within forty (40) days of the motion. Either party may request additional time
beyond the forty-day period to prepare, in which case the court shall order that
the hearing be reset on the first docket following the time period granted for the
continuance. The defendant is entitled to at least one (1) hearing after being
charged and at least one (1) hearing following the conclusion of discovery.
(3) The sole issue at the justified use of force hearing is whether the
defendant used force or threatened the use of force in a manner that is justified
by applicable law and is immune from criminal prosecution under this section.
(4) The defendant may testify at the hearing. If the defendant chooses
not to testify, then the defendant's silence cannot be used against the defendant
in resolving the hearing. If the defendant chooses to testify, then the defendant's
- 7 - 012720
testimony cannot be used for any reason other than the consideration of the
hearing or for impeachment at trial if the defendant testifies at trial.
(5) If the defendant establishes a prima facie case that the use of force or
threatened use of force was justified under applicable law, then the burden of
proof shifts to the prosecution to demonstrate by clear and convincing evidence
that the use of force or threatened use of force was not justified.
(6) If, after a justified use of force hearing, the court concludes that the
defendant has raised a prima facie case that the defendant's use of force was
justified and the prosecution has failed to prove by clear and convincing evidence
that the force was not justified, then the court shall enter an order finding the
defendant immune from criminal prosecution and dismissing the criminal
charges.
(7) If the court does not rule in favor of the defendant following a justified
use of force hearing, then the defendant is not precluded from asserting at any
other point in the case that the use of force was justified. Once the issue of
justification has been raised by the defendant, the state bears the burden of proof
at trial to prove beyond a reasonable doubt all of the elements of the charged
conduct and to negate the claim that the use of force was justified.
(8) The prosecution shall not present evidence at trial that was not
presented in a use of force hearing if such hearing was held.
(h) If the court dismisses the criminal prosecution pursuant to subdivision (g)(6),
then the court shall award the defendant attorney's fees, court costs, compensation for
loss of income, and all expenses incurred by the defendant in the defense of the criminal
prosecution.
- 8 - 012720
SECTION 10. Tennessee Code Annotated, Section 39-11-620, is amended by adding
the following new subsection:
(c) A law enforcement officer who uses or threatens to use force pursuant to this
section may raise a defense of justification, pursuant to § 39-11-617.
SECTION 11. Tennessee Code Annotated, Section 39-11-621, is amended by deleting
"or threaten to use" and by adding the following at the end of the section:
A threat to use deadly force, by itself, is not considered use of deadly force for purposes
of this section. A private citizen shall not threaten to use deadly force unless the arrest
is for a crime committed or threatened against the person making the arrest or a violent
crime committed or threatened in the presence of the person making the arrest.
SECTION 12. Tennessee Code Annotated, Section 39-17-1301, is amended by deleting
subdivision (2).
SECTION 13. Tennessee Code Annotated, Section 39-17-1301, is amended by adding
the following as a new subdivision:
( ) "Intent to go armed" means carrying or wearing a weapon with premeditation
and forethought to commit an infamous crime and does not include inadvertent or
unintentional intrusion into an area where such weapon is not permitted;
SECTION 14. Tennessee Code Annotated, Section 39-17-1305(d)(1)(F), is amended by
deleting "§ 39-17-1309(e)(11)(B), § 39-17-1315, § 38-8-116, § 38-8-123, or § 49-6-816(f)(1) and
(i)" and substituting "§ 39-17-1315, § 38-8-116, or § 38-8-123".
SECTION 15. Tennessee Code Annotated, Section 39-17-1306, is amended by deleting
the section and substituting:
(a)
(1) A court may prohibit the carrying of firearms in a court building or
courtroom by posting signage as required by subsection (b). As used in this
- 9 - 012720
section, "court building" means a courthouse or building designated for the
regular holding of judicial proceedings, which is identifiable to the public by
plainly visible signage at each public entrance designating the building as a
courthouse or court building.
(2) If a court building or courtroom has been posted in accordance with
subsection (b), then it is an offense to carry a firearm in the court building or
courtroom.
(b)
(1) If a court elects to prohibit the carrying of firearms in the court building
or courtroom, then the court building or courtroom must be posted at all
commonly used entrances with signs that include the phrase "NO FIREARMS
ALLOWED", and the phrase must measure at least one inch (1") high and eight
inches (8") wide. The sign must also include the phrase "As authorized by T.C.A.
§ 39-17-1306" and a pictorial representation of the phrase "NO FIREARMS
ALLOWED" that must include a circle with a diagonal line through the circle and
an image of a firearm inside the circle under the diagonal line. The circle must
be at least four inches (4") in diameter. The diagonal line must be at a forty-five
degree (45°) angle from the upper left to the lower right side of the circle.
(2) Signage installed prior to July 1, 2026, is not required to be updated
pursuant to subdivision (b)(1) if the signage clearly indicates the prohibition of
firearms in the building, is in English, is of sufficient size, contains a pictorial
representation of a firearm in a circle with a diagonal line at a forty-five degree
(45°) angle, and is plainly visible.
(3) Signage not compliant with subdivision (b)(1) or (2) does not prohibit
a court from prohibiting the possession of weapons by persons not listed in
- 10 - 012720
subsection (d), or from enforcement of such prohibition, except that a person
violating this section does not commit a criminal offense pursuant to subsection
(a) unless the person is made aware of the prohibition and refuses to comply.
(c) A violation of subdivision (a)(2) is a Class A misdemeanor.
(d) Subdivision (a)(2) does not apply to a person who:
(1) Has been directed by a court to bring the firearm for purposes of
providing evidence;
(2) Is in the actual discharge of official duties as a law enforcement
officer, or is employed in the army, air force, space force, navy, coast guard, or
marine service of the United States or any member of the Tennessee national
guard in the line of duty and pursuant to military regulations, or is in the actual
discharge of official duties as a guard employed by a penal institution, or as a
bailiff, marshal, or other court officer who has responsibility for protecting persons
or property or providing security; or
(3) Is not a defendant in a criminal case, or is not a party in a family law
matter or child custody matter, and:
(A) Is a law enforcement officer, as defined in § 39-17-1350;
(B) Is vested with judicial powers under § 16-1-101;
(C)
(i) Is a district attorney general, an attorney licensed to
practice law in the United States and in good standing, or other
officer of the court; and
(ii) Is authorized to carry a firearm pursuant to § 39-17-
1351 or § 39-17-1366; or
(D)
- 11 - 012720
(i) Is authorized to carry a handgun pursuant to § 39-17-
1351 or § 39-17-1366;
(ii) Keeps the handgun concealed at all times; and
(iii) Is not in a room in which judicial proceedings are in
progress.
SECTION 16. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting
subsections (a), (e), and (g).
SECTION 17. Tennessee Code Annotated, Section 39-17-1308(a), is amended by
deleting subdivisions (8) and (9).
SECTION 18. Tennessee Code Annotated, Section 39-17-1309, is amended by deleting
the section and substituting:
(a) As used in this section:
(1) "Pocket knife" means a knife with one (1) or more blades that fold or
collapse into the knife's attached handle and that can be carried inside a person's
pocket when collapsed or folded; and
(2) "Weapon of like kind" includes razors and razor blades, except those
used solely for personal shaving, and any sharp-pointed or -edged instrument,
except unaltered nail files and clips and tools used solely for preparation of food,
instruction, and maintenance.
(b)
(1) If a public or private school bus or public or private school building is
properly posted according to subsection (d), then it is an offense for a person to
possess or carry, whether openly or concealed, with the intent to go armed, a
firearm, explosive, explosive weapon, bowie knife, ice pick, dagger, slingshot,
leaded cane, blackjack, knuckles, or any other weapon of like kind, not used
- 12 - 012720
solely for instructional or school-sanctioned purposes, while on a public or private
school bus or inside of a public or private school building that offers any of the
grades kindergarten through twelve (K-12).
(2) A violation of subdivision (b)(1) is a Class A misdemeanor.
(c)
(1)
(A) If a public or private school bus or public or private school
building is properly posted according to subsection (d), then it is an
offense for a person to possess or carry, whether openly or concealed,
any firearm, not used solely for instructional or school-sanctioned
purposes, on a public or private school bus or inside of a public or private
school building that offers any of the grades kindergarten through twelve
(K-12).
(B) It is not an offense under this subsection (c) for an adult to
possess a firearm, if the firearm is contained within a private vehicle
operated by the adult and is not handled by the adult, or by any other
person acting with the expressed or implied consent of the adult, while
the vehicle is on school property.
(2) A violation of subdivision (c)(1)(A) is a Class B misdemeanor.
(d)
(1)
(A) Except as provided in subdivision (d)(3), each chief
administrator of a public or private school shall display in prominent
locations about the school building, including all entrances, a sign, at
least six inches (6") high and fourteen inches (14") wide, stating: THE
- 13 - 012720
UNAUTHORIZED CARRYING OF WEAPONS ON A SCHOOL BUS OR
INSIDE OF A SCHOOL BUILDING IS A CRIMINAL OFFENSE.
(B) The sign must include a pictorial representation of a circle
with a diagonal line through the circle and an image of a firearm, or
firearm and knife, inside the circle. The entire pictorial representation
must be at least four inches (4") high and four inches (4") wide. The
diagonal line must be at a forty-five degree (45°) angle from the upper left
to the lower right side of the circle.
(C) Signs installed prior to July 1, 2026, pursuant to the version of
this section in effect at that time, which contained the text: "FELONY.
STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS
IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND
DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL
PROPERTY" have the same effect as a sign compliant with subdivisions
(d)(1)(A) and (d)(1)(B).
(2) As used in this subsection (d), "prominent locations about a school"
includes all entrances to the areas in which subsections (b) and (c) apply.
(3) A school may choose not to post pursuant to subdivision (d)(1) or to
instead post a warning to the public that armed personnel may be present on the
school premises or that attackers will be met with force. If a school elects not to
post pursuant to subdivision (d)(1) or elects to instead post a warning as
described in this subdivision (d)(3), then the carrying of weapons on school
property does not in and of itself constitute a criminal offense; however, the
school may still restrict or prohibit carrying weapons on school property pursuant
- 14 - 012720
to school policy and is not prohibited from enforcing such policy, except as
provided in this section or other state and federal laws.
(e) Subsections (b) and (c) do not apply to the following persons:
(1) Persons employed in the army, air force, space 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;
(2) Civil officers of the United States in the discharge of their official
duties;
(3) Officers and soldiers of the militia and the national guard when called
into actual service;
(4) Officers of any state, county, city, or town charged with enforcement
of the law;
(5) Any pupils who are members of the reserve officers training corps or
pupils enrolled in a course of instruction or members of a club or team, and who
are required to carry arms or weapons in the discharge of their official class or
team duties;
(6) Any private police employed by the administration or board of
trustees of any public or private educational institution;
(7) Any registered security guard/officer who meets the requirements of
the Private Protective Services Licensing and Regulatory Act, compiled in title
62, chapter 35;
(8) Persons within or on a public park, natural area, historic park, nature
trail, campground, forest, greenway, waterway, or other similar public place, if the
person is not otherwise prohibited from possessing or carrying the weapon
possessed or carried by the person;
- 15 - 012720
(9) Nonstudent adults carrying a pocket knife, pepper spray, pepper gel,
or mace while on school property for any lawful purpose; or
(10) Persons authorized to carry a handgun pursuant to § 39-17-1351 or
§ 39-17-1366, if the person keeps the handgun concealed at all times.
(f) It is an affirmative defense to prosecution under subsection (b) or (c) that the
person's behavior was in strict compliance with the requirements of one (1) of the
following classifications:
(1) A person hunting during the lawful hunting season on lands owned by
any public or private educational institution and designated as open to hunting by
the administrator of the educational institution;
(2) A person possessing unloaded hunting weapons while traversing the
grounds of any public or private educational institution for the purpose of gaining
access to public or private lands open to hunting with the intent to hunt on the
public or private lands unless the lands of the educational institution are posted
prohibiting entry;
(3) A person possessing guns or knives when conducting or attending
gun and knife shows, and the program has been approved by the administrator
of the educational institution; or
(4) A person entering the property for the sole purpose of delivering or
picking up passengers and who does not remove, utilize, or allow to be removed
or utilized any weapon from the vehicle.
(g) Subsections (b) and (c) do not apply to universities, college campuses, and
other public or private non-kindergarten through grade twelve (non-K-12) educational
institutions or property. The possession or carrying of a firearm by an adult who is not
prohibited from possessing or carrying a firearm is not prohibited by this section on the
- 16 - 012720
property of any university, college campus, or other public or private non-kindergarten
through grade twelve (non-K-12) educational institution.
(h) This law does not prohibit, and a public or private school, university, or
educational institution shall not prohibit, an adult student or other adult person permitted
to be on campus or the school's or educational institution's property, from possessing
mace, pepper spray, a pepper spray gun, pepper gel, a stun gun, or an electronic control
device or other conductive energy device for purposes of self-defense.
SECTION 19. Tennessee Code Annotated, Section 39-17-1310, is amended by deleting
the section.
SECTION 20. 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 for any person who is not prohibited from possessing or
carrying a firearm, to possess or carry a firearm 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 government as a national park, forest, preserve,
historic park, military park, trail, or recreation area.
SECTION 21. Tennessee Code Annotated, Section 39-17-1313(a), is amended by
deleting "lawfully carries a handgun pursuant to § 39-17-1307(g)" and substituting "is not
prohibited from possessing or carrying a firearm".
SECTION 22. Tennessee Code Annotated, Section 39-17-1319, is amended by deleting
subsection (b) and substituting:
(b) Except as provided in this section, it is an offense for a juvenile to carry, with
the intent to go armed, a firearm.
- 17 - 012720
SECTION 23. Tennessee Code Annotated, Section 39-17-1319(c)(1), is amended by
deleting "Illegal possession of a handgun by a juvenile" and substituting "A violation of this
section".
SECTION 24. Tennessee Code Annotated, Section 39-17-1319(c)(3), is amended by
deleting "handgun" and substituting "firearm".
SECTION 25. Tennessee Code Annotated, Section 39-17-1319(d), is amended by
deleting "handgun" wherever it appears and substituting "firearm".
SECTION 26. Tennessee Code Annotated, Section 39-17-1319(e), is amended by
deleting "handgun" and substituting "firearm".
SECTION 27. Tennessee Code Annotated, Section 39-17-1321, is amended by deleting
subsection (a) and substituting:
(a) It is an offense for a person to possess a handgun in a public place while
under the influence of alcohol or any controlled substance or controlled substance
analogue. As used in this subsection (a), "under the influence of alcohol" means the
alcohol concentration in the person's blood or breath is eight-hundredths of one percent
(0.08%) or more.
SECTION 28. Tennessee Code Annotated, Section 39-17-1350, is amended by deleting
subsection (c) and substituting:
(c) The authority conferred by this section does not exempt a law enforcement
officer from the restrictions set forth in §§ 39-17-1306 and 39-17-1321.
SECTION 29. Tennessee Code Annotated, Section 39-17-1350, is amended by deleting
subsection (e) and by deleting the last sentence in subsection (g).
SECTION 30. Tennessee Code Annotated, Section 39-17-1351(c)(13), is amended by
deleting "and is not" and substituting "who is".
- 18 - 012720
SECTION 31. Tennessee Code Annotated, Section 39-17-1359, is amended by deleting
the section and substituting:
(a) Except as provided in subsection (b), an entity of local government or a
permittee thereof is not authorized to enact or enforce a prohibition or restriction on the
possession of a handgun by an enhanced handgun carry permit holder or concealed
handgun carry permit holder on property owned or administered by the entity unless:
(1) The following are provided at each public entrance to the property:
(A) Metal detection devices; and
(B) At least one (1) law enforcement or private security officer
who has been adequately trained to conduct inspections of persons
entering the property by use of metal detection devices; and
(2) Each person who enters the property through the public entrance
when the property is open to the public and any bag, package, and other
container carried by the person is inspected by a law enforcement or private
security officer described in subdivision (a)(1)(B) or an authorized representative
with the authority to deny entry to the property.
(b) Subsection (a) does not apply to:
(1) Facilities that are licensed under title 33 or 37;
(2) Property on which firearms are prohibited pursuant to § 39-17-1309;
(3) Courtrooms and court buildings, which are governed by § 39-17-
1306; or
(4) Facilities that are licensed under title 41, correctional facilities,
penitentiaries, or jails.
SECTION 32. Tennessee Code Annotated, Section 49-6-815, is amended by deleting
the section.
- 19 - 012720
SECTION 33. Tennessee Code Annotated, Section 49-6-816, is amended by deleting
the section.
SECTION 34. Tennessee Code Annotated, Section 49-6-3051, is amended by deleting
subdivision (b)(2)(H).
SECTION 35. Tennessee Code Annotated, Section 49-6-3051(b)(2)(I), is amended by
deleting "Handgun possession" and substituting "Unlawful carrying of a firearm by a juvenile".
SECTION 36. Tennessee Code Annotated, Section 49-7-161, is amended by deleting
the section.
SECTION 37. Tennessee Code Annotated, Section 49-50-803, is amended by deleting
the section.
SECTION 38. Tennessee Code Annotated, Section 38-8-116(c)(8), is amended by
deleting the last sentence and substituting:
At least ninety (90) days prior to the expiration of the retired officer's certification under
this subsection (c), the retired officer shall submit a request for recertification to the
Tennessee POST commission. Upon receipt of the request for recertification, the
Tennessee POST commission shall request a criminal history record check of the retired
officer by the TBI. Upon request of the Tennessee POST commission, the TBI shall
conduct a criminal history record check using all computer searches available to the
bureau based solely upon the retired officer's name, date of birth, and social security
number and send the results to the Tennessee POST commission. The retired officer is
not required to submit a new set of fingerprints for recertification.
SECTION 39. Tennessee Code Annotated, Section 49-6-820, is amended by deleting
subdivision (b)(7).
SECTION 40. This act takes effect July 1, 2026, the public welfare requiring it.