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The Tennessee Conservative [By David Seal] –
Certain lawmakers will quickly tell you that Tennessee is a constitutional carry state. If you read T.C.A § 39-17-1307 you will see a different story. The code section is broad in that it uses the term “firearm” and the phrase “intent to go armed.”
A copy of the full text of the code section is provided as follows.
39-17-1307. Unlawful carrying or possession of a weapon.
(a)
(1) A person commits an offense who carries, with the intent to go armed, a firearm or a club.
(2)
(A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).
(B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.
(C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person’s carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.
With the broad description of ‘firearm” in the statute, any firearm could be considered a violation of state criminal code and the holder be charged with a Class A or Class C Misdemeanor. Class A misdemeanors carry a maximum sentence of 11 months and 29 days’ jail time and a $2,500 fine. Class C misdemeanors carry a maximum sentence of 30 days’ jail time and a $50 fine. There is no exception in the statute for long guns or the carrying of a weapon on your own property.
Many are asking, with a Republican Supermajority in both Tennessee legislative chambers, why Tennessee still has a law on the books that contradicts constitutional carry.
Gun rights advocates have been reminding legislators of the conundrum for years, especially as it relates to long guns and the case law that goes with it. The recent Bruen decision from 2022 is on-point.
20-843 New York State Rifle & Pistol Assn., Inc. v. Bruen (06/23/2022)
“[I]n 1870 the Jim Crowites were successful in pushing the People to give up their rights via the change of the constitution to give “power by law to the legislature to regulate arms, with a view to prevent crime” in the ratification of the 1870 “new” constitution…..The “right of the people to keep and bear arms shall not be infringed” has been cast into the abyss by the Tennessee government by action of the legislature.” – Tennessee Firearms Association
The Second Amendment reads as follows: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
The Tennessee Conservative News will continue to follow this issue as legislators begin their 2026 session.
About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and past Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award & has received an accolade from the Institute For Justice for successfully lobbing the TN legislature to protect property rights. David can be reached at david@tennesseeconservativenews.com.
