I just moved to Tennessee. How long can I keep using my old state's concealed-carry permit?

Subject

Opinion No. 14-60, Out-of-State Handgun Permits Held by Tennessee Residents, June 11, 2014

Plain-English summary

Representative Terri Lynn Weaver asked whether a Tennessee resident who does not have a Tennessee handgun carry permit can rely on a handgun or weapons permit issued by another state to carry a handgun in Tennessee. The AG said only for six months after establishing residency.

Tennessee's reciprocity rule sits in two places in Tenn. Code Ann. § 39-17-1351(r). § 39-17-1351(r)(1) treats a "facially valid handgun permit, firearms permit, weapons permit or license issued by another state" as valid in Tennessee "according to its terms" and as if it were a Tennessee permit. By its terms, that reciprocity applies to out-of-state permit holders who are not Tennessee residents.

§ 39-17-1351(r)(3)(B) handles new residents. A person with an out-of-state handgun permit who becomes a Tennessee resident "must obtain a Tennessee handgun permit within six (6) months of establishing residency in Tennessee." After the six-month grace period, the out-of-state permit is no longer a valid carry permit in Tennessee.

The statute adds a sharper rule: if during that six-month period the new resident applies for a Tennessee permit but is denied, "the person shall not be allowed to carry a handgun in this state based upon the other state's permit." The denial cuts off reliance on the out-of-state permit immediately, regardless of how much of the six months remains.

The opinion also notes (in a footnote) that an out-of-state permit or license authorizes carry only of a handgun, not other firearms or weapons.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

When does the six-month clock start?

When the person establishes residency in Tennessee. The statute does not define "establishing residency" with precision, but Tennessee generally uses indicators like driver's license, voter registration, where the person actually lives, where the person works, and where the person pays taxes.

Does my home state's permit work in Tennessee if I am just visiting?

Yes, under § 39-17-1351(r)(1), a facially valid out-of-state handgun permit is treated as a Tennessee permit "according to its terms." That subsection applies to non-Tennessee residents (visitors).

What happens if I apply for a Tennessee permit and get denied during the six months?

The out-of-state permit immediately stops working as a Tennessee carry authority. The statute says the person "shall not be allowed to carry a handgun in this state based upon the other state's permit" if denied during the six-month window.

What if I apply for a Tennessee permit, am approved, and the six months pass while my application is processing?

The opinion does not address that scenario directly. The statute speaks of the six-month period as the time within which the resident "must obtain a Tennessee handgun permit." Practically, applying within the window and pursuing the application diligently is the prudent course. If the six months pass while a timely application is pending, the safer reading is that carry under the out-of-state permit is no longer authorized once the six months pass, even if processing is incomplete.

What does "facially valid" mean for an out-of-state permit?

The permit must appear valid on its face: issued by a state, with an unexpired date, in the person's name, and not facially altered or forged. § 39-17-1351(r)(1) does not require Tennessee to investigate the substantive validity beyond facial appearance.

Does Tennessee require my home state to recognize Tennessee permits in return?

The Tennessee reciprocity statute is unilateral: Tennessee recognizes facially valid out-of-state permits regardless of whether the issuing state recognizes Tennessee permits. Tennessee's permit may or may not be recognized in any given other state, depending on that state's law.

Does this cover long guns, knives, or other weapons?

No. The footnote in the opinion specifies that an out-of-state permit authorizes Tennessee carry only of a handgun, not any other firearm or weapon.

Background and statutory framework

Tennessee's handgun-carry-permit statute (§ 39-17-1351) sets out the eligibility requirements, application process, and renewal rules for Tennessee handgun permits. § 39-17-1351(b) makes Tennessee residents who are U.S. citizens or permanent lawful residents and at least 21 years old eligible to apply.

The reciprocity provisions in subsection (r) reflect a policy decision to honor out-of-state permits broadly for visitors while requiring new residents to transition to a Tennessee permit on a defined timeline. The six-month window balances administrative convenience (no need to interrupt lawful carry on day one of residency) with state interest in vetting permit holders under Tennessee's own framework. The denial-during-window rule reflects a related judgment: if Tennessee has affirmatively determined the person should not have a Tennessee permit, the out-of-state permit cannot serve as a workaround for the balance of the six months.

Citations

• Tenn. Code Ann. § 39-17-1351(b) (Tennessee resident eligibility to apply for permit)
• Tenn. Code Ann. § 39-17-1351(r)(1) (recognition of facially valid out-of-state permits)
• Tenn. Code Ann. § 39-17-1351(r)(3)(B) (new resident six-month obligation; denial cuts off out-of-state permit)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2014/op14-060.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
June 11, 2014
Opinion No. 14-60
Out-of-State Handgun Permits Held by Tennessee Residents

QUESTION

May a Tennessee resident who does not have a Tennessee handgun carry permit under Tenn. Code Ann. § 39-17-1351 and who has no other commission or permit issued by the State of Tennessee or a local government in Tennessee rely on a handgun or weapons permit issued by another state as authorization to carry a handgun in Tennessee?

OPINION

A Tennessee resident may rely on an out-of-state permit only for six months after establishing residency in Tennessee. After that time, a resident must have a handgun permit issued by the State of Tennessee.

ANALYSIS

Under Tenn. Code Ann. § 39-17-1351(b), "any resident of Tennessee who is a United States citizen or permanent lawful resident who has reached twenty-one (21) years of age, may apply to the department of safety for a handgun carry permit," and if the applicant meets all of the requirements, the department shall issue a permit to the applicant. Under Tenn. Code Ann. § 39-17-1351(r)(1), "[a] facially valid handgun permit, firearms permit, weapons permit or license issued by another state shall be valid in [Tennessee] according to its terms and shall be treated as if it is a handgun permit issued by this state."

An out-of-state permit or license does not authorize the holder to carry in Tennessee any firearm or weapon other than a handgun. Id.

But this provision applies only to non-Tennessee residents. If a person with an out-of-state handgun permit becomes a Tennessee resident, he or she "must obtain a Tennessee handgun permit within six (6) months of establishing residency in Tennessee." Id. § 39-17-1351(r)(3)(B). After six months of residency, the out-of-state permit no longer constitutes a valid handgun carry permit in Tennessee. Furthermore, if during that six-month period the person applies for a Tennessee handgun-carry permit but is denied, "the person shall not be allowed to carry a handgun in this state based upon the other state's permit." Id.

ROBERT E. COOPER, JR.
Attorney General and Reporter

JOSEPH F. WHALEN
Acting Solicitor General

MELISSA HARRISON
Assistant Attorney General

Requested by:
The Honorable Terri Lynn Weaver
State Representative
105 War Memorial Building
Nashville, Tennessee 37243