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Tennessee’s permitless carry law and school zones – yet another risk?
Effective July 1, 2021, Tennessee has a new law that allows some
individuals who meet a list of specific qualifications to carry a
handgun in Tennessee without the need for a handgun permit. But is
this the best option for most people? Tennessee Firearms Association
has previously analyzed this law and concluded that for most people it is likely far safer to get the Tennessee enhanced handgun permit.
It
is important for individuals who are considering relying on the
permitless carry law to be aware of the risks surrounding this new law.
As discussed in previous TFA’s updates, the permitless carry law will
not allow individuals to carry without a permit in public parks, in
public campgrounds or on public greenways. Under Tennessee law, it is a
crime to have a firearm in these recreational areas. See, Tenn. Code
Ann. § 39-17-1311. Under this statute, which is often referred to as
the “parks” statute, individuals who have a handgun permit are allowed
to carry a handgun in these recreational areas. When the 2021
permitless carry law was enacted, however, no exception was made to the
parks statute to allow those who may be relying on the permitless carry
law to go into these locations. The consequence is that someone who is
relying on permitless carry can be charged with a criminal violation if
they are carrying in a park, campground, greenway or similar location.
The “parks” example may impact a lot of people but it is not the only
instance where Tennessee law allows permit holders to go into certain
areas but does not allow those who carry a handgun without a permit to
go.
The risks of criminal prosecution for permitless carry may also arise
under federal law. Consider, for example, the federal gun free school
zones act. See, 18 U.S.C. § 922(q). Under the gun free school zones
act it is a federal crime to have a firearm within 1000 feet of a
“school zone”. There is an exception under the federal law but the
exception only applies to those “licensed” by the state to carry a
firearm. The specific exception states that the “if the individual
possessing the firearm is licensed to do so by the State in which the
school zone is located or a political subdivision of the State, and the
law of the State or political subdivision requires that, before an
individual obtains such a license, the law enforcement authorities of
the State or political subdivision verify that the individual is
qualified under law to receive the license….” The gun free school
zones act therefore would allow the federal prosecution of an individual
carrying under Tennessee’s permitless carry law if they are on property
or within the zone that is subject to the act.
Tennessee Firearms Association strongly works and advocates for real
constitutional carry not just in Tennessee but nationally. Right now,
it does not exist in Tennessee. TFA therefore encourages people to
consider the options that they have if they want to carry and suggests
that the safest option now in Tennessee is to get the enhanced handgun
permit. It provides the most options on where you can carry and the
fewest risks of inadvertently carrying into a place where you could be
criminally prosecuted merely for being armed. |
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Executive Director
johnharris@tennesseefirearms.com
Joining and supporting TFA is an investment in the
fight to restore our constitutional rights and to fight against politicians who
are willing to sell their votes and your rights to whichever business interest
gives them the most money!
TFA Website: www.tennesseefirearms.com
TFA PAC: www.tfalac.org
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