Under present law, the concealed handgun carry permit allows any resident of Tennessee who is either a United States citizen or a lawfully permanent resident to apply to the department of safety (“department”) for a concealed handgun carry permit, if the applicant is not prohibited from doing so by a state or federal law and the applicant otherwise meets all the enumerated requirements.
REQUIREMENTS
Present law requires the following to consider a person eligible to receive a concealed handgun permit:
(1) The applicant must apply in person to the department on a concealed handgun carry permit application developed by the department;
(2) The applicant must provide proof of the person’s identity and state residency by presenting either a driver license or photo identification issued by Tennessee or other proof satisfactory to the department showing the person’s identity and residency;
(3) The applicant must also meet the qualifications for issuance of an enhanced handgun carry permit and provide the department with two sets of fingerprints in the manner statutorily required;
(4) The applicant must provide proof that the applicant has demonstrated competence with a handgun so long as any safety or training course or class must have been completed no more than one year prior to the application for the concealed handgun carry permit. The applicant may demonstrate such competence by one of the suggestions listed in present law but an applicant is not required to submit to any additional demonstration of competence. Proof of competence should be evidenced by a photocopy of a certificate of completion of any of the course or classes described in present law, an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant, or a copy of any document that shows completion of the course or class or required experience;
(5) The applicant must also pay an application and processing fee of $65 to the department; and
(6) The applicant must provide a signed printed copy of the form provided by the department stating that the applicant has read and understands the current state law on carrying handguns.
If the applicant’s or permit holder’s address changes, then the applicant or permit holder must notify the department of said change within 60 days in the method provided by the department. Under current law, all information contained in the application and the permit renewal application is confidential and not open or available for public inspection and must not be released in any manner. In addition, perjury committed on this application is a Class E felony. Each application for a handgun carry permit must clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury.
DEPARTMENTAL PROCEDURE
Present law also specifies that upon receipt of a concealed handgun carry permit application that meets (1)-(6) above, the department must forward the two full sets of fingerprints of the applicant to the Tennessee bureau of investigation and send a copy of the application to the sheriff of the county in which the applicant resides. Within 30 days of receiving an application, the sheriff is also required to provide the department with any information concerning the truthfulness of the applicant’s answers to the eligibility requirements that is within the knowledge of the sheriff. Upon the receipt of the fingerprints from the department, the Tennessee bureau of investigation must conduct searches and record checks in the same manner required and send the results to the department.
If an applicant meets all the requirements mentioned above, the department must then issue the applicant a concealed handgun carry permit that entitles the permit holder to carry any handgun that the permit holder legally owns or possesses in a concealed manner. The concealed handgun permit is valid for eight years from the date of issuance.
After the initial issuance of a concealed handgun carry permit, the department must conduct a name-based criminal history record check every four years or upon receipt of an application. If the applicant is prohibited from purchasing or possessing a firearm in Tennessee by a state or federal law, the department is also required to revoke the applicant’s permit. In addition, in the event that a defendant is judicially committed, the defendant must be informed that they are now prohibited from obtaining a concealed handgun carry permit.
PERMITS
Currently, the permit holder is required to have the permit in the holder's immediate possession at all times when carrying a handgun in a location or manner that would be prohibited if not for the person's status as a concealed handgun carry permit holder and must display the permit on demand of a law enforcement officer under such circumstances.
In addition, the permit must be issued on a wallet-sized card of the same approximate size as is used by this state for driver licenses and contain only information concerning the permit holder such as the permit holder’s name, address, and date of birth; a description of the permit holder by sex, height, weight, and eye color; a visible full-face photograph of the permit holder; and the permit number, issuance date, and expiration date.
However, the issuance of a concealed handgun carry permit under present law does not relieve a person from complying with all mandated statutory requirements related to the issuance of an enhanced handgun carry permit. Noteworthy, the proper issuance of such permit is a defense against the offense of carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds; and to an unlawful carrying or possession of a weapon. It is, however, not a defense to the offense of possessing a handgun while under the influence of alcohol or any controlled substance or substance analogue.
Generally, under certain circumstances, no law or ordinance adopted by a governing body of a city, county, or metropolitan government, that prohibits or regulates the possession, transportation or storage of a firearm or firearm ammunition shall not prohibit the permit holder’s right to store and transport a firearm or firearm ammunition in the permit holders’ motor vehicle.
RENEWAL
Prior to the expiration of a concealed handgun carry permit, a permit holder may apply to the department for the renewal of the permit by submitting, under oath, a renewal application. The renewal application must be on a standard form developed by the department; must require the applicant to disclose, under oath, the information concerning the applicant as set forth in (1)-(6) above; and must require the applicant to certify that the applicant still satisfies all the eligibility requirements of this section for the issuance of a concealed handgun carry permit. In the event the permit holder's current concealed handgun carry permit expires prior to the department's approval or issuance of notice of denial regarding a pending renewal application, the permit holder is entitled to continue to use the expired permit until the department issues an approval or denial of the renewal application.
A person may renew that person’s concealed handgun carry permit beginning six months prior to the expiration date on the face of the permit as long as the applicant for renewal pays the required renewal fee of $50.00.
DEPARTMENT’S WEBSITE
Generally, the department is required to maintain the following material on the department’s website:
(1) Current state law on carrying handguns;
(2) An explanation of the different handgun carry permits available;
(3) A list of various providers that conduct department-approved training courses or classes that the department has determined meets enumerated criteria in their curriculum; and
(4) A printable form to be signed by the applicant.
LAW ENFORCEMENT PRIVILEGE
Any law enforcement officer of this state or of any county or municipality may, within the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer, or another individual. The officer is required to return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, the permit holder, or another individual so long as the permit holder has not violated present law or committed any other violation that results in the arrest of the permit holder.
REVIEW OF REVOCATION OR SUSPENSION
The sole issue at the hearing must be whether by a preponderance of the evidence the person has violated any provision related to the issuance of such permit. If the presiding hearing officer finds the affirmative of this issue, the suspension or revocation order must be sustained. If, however, the presiding hearing officer finds the negative of this issue, the suspension or revocation order must be rescinded.
PROHIBITION AT CERTAIN MEETINGS
Nothing under current law limits the right of an individual, corporation, business entity, or local, state, or federal government entity or agent thereof to prohibit the possession of weapons by any person 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 entity; or to restrict the possession of weapons by any person 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 entity by allowing a handgun to be carried in a concealed manner only by persons authorized to carry a handgun.
This bill deletes the above-mentioned provisions authorizing the issuance of a concealed handgun carry permit along with related allusion to said permit in their entirety.
In addition, this bill also adds that a person who holds a concealed handgun carry permit that is active on June 30, 2023, may apply to the department to convert the person’s concealed handgun carry permit to an enhanced handgun carry permit. In order to be eligible for said conversion authorized under this bill, a person must provide proof of completion of the training requirements set out in statute. The converted permit is active until the expiration date issued on the person’s concealed handgun carry permit held on June 30, 2023.

Statutes affected:
Introduced: 39-17-1366, 39-17-1351, 10-7-504(o), 10-7-504, 33-6-413(b)(3)(B), 33-6-413, 38-8-116(c)(6)(A)(i), 38-8-116, 39-16-702(b)(2), 39-16-702, 39-17-1308(a)(2), 39-17-1308, 39-17-1311, 39-17-1321, 39-17-1326(d), 39-17-1326, 39-17-1327(b), 39-17-1327, 39-17-1352, 39-17-1353(d), 39-17-1353, 39-17-1358, 39-17-1359, 39-17-1360, 39-17-1313(a), 39-17-1313, 70-2-104(g)(3)(B), 70-2-104