BULLET POINTS
PERMITLESS CARRY
O
n April 8th of this year, Governor Bill Lee signed the “Permitless Carry” bill into law. What is it and what does it mean to you? Some people call the new law “Constitutional Carry” and it may seem like it is on the surface but most legal experts agree, it isn’t. To pass a true constitutional carry law in Tennessee would seem to be pretty simple, all lawmakers would have to do is remove the law which makes it a crime in this state for any citizen to carry a firearm with the intent to go armed (TCA 39-17-1307). What the permitless carry law does is make exemptions to that law. What it does mean is that if you legally meet the list of specific qualifications provided in the law you can as of July 1st carry a lawfully possessed handgun “most” places in the state without a permit. I am not a lawyer, and this is not legal advice, but we’ll try to go over some of the things you can, and can’t do within the new law as we understand them. Who can carry without a permit? Any person 21 years of age (18 if you are currently in or have been honorably discharged from the military) who is not otherwise prohibited from possessing a firearm by 18 U.S.C. § 922(g) as it existed on January 1, 2021. Just because you can legally possess a firearm doesn’t mean that you can carry without a permit in Tennessee though. The law obviously doesn’t apply to anyone who has ever been convicted of a felony and those convicted of domestic violence offenses, but also anyone convicted of stalking, or who has had one or more DUI’s in the last 5 years or two or more in the last 10 years. It also doesn’t allow anyone who has ever been “adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution pursuant to title 33, or had a court appoint a conservator for the person by reason of a mental defect”. Now for what it doesn’t cover long guns, the law doesn’t apply to long guns, you may not legally carry a rifle, shotgun, or even a handgun with a barrel length 12” or longer. As with either the concealed handgun permit, or the enhanced handgun carry permit, you can’t carry on government property or any legally
posted business. Both permits allow you to carry while at some parks and greenways under certain circumstances, however, not at all while permitless carrying. Without a permit it is still illegal to carry in public parks, in public campgrounds or on public greenways. Permitless carry also doesn’t exempt anyone from the federal gun free school zone law, permit holders are exempted so if you are carrying without a permit it is still a federal crime to carry within 1000’ of a school zone. Also you can’t carry without a permit in the 35 or so reciprocal states unless that state and every state you must pass through to get there has true constitutional carry. As always it is on you to know the laws of the states you are traveling through and to. Some of the things you can do while permitless carrying, if all other conditions of the new law are met, you may openly or concealed carry a handgun only. If all of the exceptions are met you can store a handgun in your vehicle anywhere you are legally allowed to park. If you have a permit, you can carry without the permit in your immediate possession, unless you are in a place that requires a permit, such as public parks or greenways, or gun free school zones. The new law has also increased the penalties for some gun related crimes, theft of a firearm was a misdemeanor with a 30 day sentence, but it is now a felony and carries a mandatory six months incarceration. The new law also bars felons convicted of possessing a firearm from early release. Again, this is not meant as legal advice, but our opinion is that it is still best practice to keep, or get, the enhanced handgun carry permit. It remains the best defense of your right to keep and bear arms in the state. The processes and cost for getting both the handgun carry permit, and the enhanced handgun carry permit are unchanged by the new law. No matter what, it is each individual’s responsibility to know the laws if you choose to carry, so read all of the applicable laws, learn what they mean, and make your decision armed with the most knowledge and information you can have.
The views and opinions expressed are those of the authors and do not necessarily reflect the official policy or position of Thunder Roads® Magazine Owners/Publishers. Any content provided by our authors are of their opinion, and are not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.
AUGUST 2021 ThunderRoadsTennessee.com
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