Can Tennesseans carry handguns, rifles, or shotguns in public parks and other government recreational property, and can a city or county forbid it?

Plain-English summary

Tennessee Code § 39-17-1311 makes it generally unlawful to possess a weapon in or on the grounds of any state, county, or municipal park, playground, civic center, or other recreational property. The general bar covers (1) the prohibited weapons in § 39-17-1302(a), like explosives, machine guns, short-barrel rifles or shotguns, hoax devices, and "any other implement for infliction of serious bodily injury or death that has no common lawful purpose," and (2) ordinary firearms whenever the carrier's conduct does not strictly fit one of the statutory carve-outs.

Two carve-outs are central. Subsection (b)(1)(H) permits a valid handgun-carry-permit holder to carry a handgun (only handguns) in the listed places. Subsection (b)(1)(J) permits any civilian, with or without a permit, to possess handguns, rifles, or shotguns on the listed properties while strictly conforming to enumerated activities (most importantly hunting and target or sport shooting). Subsection (b)(1)(J)(iv) also permits firearms in a vehicle "delivering or picking up passengers" if the firearm is not removed or used.

Section 39-17-1314 preempts the entire field of firearms regulation. Local governments cannot prohibit or restrict firearm possession in ways that conflict with state law. They retain narrow regulatory authority under § 39-17-1314(b) for things like the carrying of firearms by their own employees, the discharge of firearms within their borders (except where state law authorizes discharge), the location of sport shooting ranges (subject to §§ 39-17-316 and 13-3-412), and enforcement of state and federal firearms laws.

Currency note

This opinion was issued in 2018. 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.

The Tennessee firearms statutes have been amended multiple times since 2018, including changes to permitless carry. Anyone evaluating current carry rules should consult Tenn. Code Ann. ch. 39, title 17, part 13 in its present form.

Common questions

Q: Can a permit holder carry a rifle in a public park?
A: Not under the (b)(1)(H) permit-holder exception. That carve-out covers handguns only. The permit holder could possess a rifle in the park only if the (b)(1)(J) hunting or sport-shooting carve-out applies and the conduct strictly conforms.

Q: Can someone without a permit shoot at a designated range in a public park?
A: Under (b)(1)(J), yes, if the activity is target or sport shooting and the conduct strictly conforms to the statutorily permitted activity. The carve-out does not require a handgun-carry permit for these purposes.

Q: Can a city pass an ordinance banning all guns in its parks?
A: No. The state has preempted the field under § 39-17-1314. A local ban that conflicts with the (b)(1)(H) or (b)(1)(J) authorizations would be invalid.

Q: What can a city or county still regulate?
A: Under § 39-17-1314(b), a local government may regulate the carrying of firearms by its own employees and contractors in the course of their work (except as limited by § 39-17-1313); the discharge of firearms within its borders (except where state law authorizes discharge); the location of sport shooting ranges (subject to §§ 39-17-316 and 13-3-412); and the enforcement of state or federal firearms laws.

Q: Can a permit holder leave the handgun in the car when entering a building?
A: This opinion does not parse vehicle storage on park property in detail. Subsection (b)(1)(J)(iv) allows possession in a vehicle delivering or picking up passengers, with the firearm not removed or used. Other state law addresses storage in vehicles more broadly.

Q: What about civic centers used for non-recreational events?
A: The statute applies to property "owned, used, or operated by any state, county, or municipal government for recreational purposes." A civic center may be a recreational facility for some events and not others. The opinion does not address mixed-use specifics, but property-by-property analysis is appropriate.

Background and statutory framework

Tennessee's firearms law sits in title 39, chapter 17, part 13. The general prohibition for parks and other public recreational property is in § 39-17-1311(a), which makes it an offense to possess any weapon listed in § 39-17-1302(a) on those properties (with exceptions for instructional, display, or sanctioned ceremonial use). Subsection (b) creates the patchwork of exceptions.

Subsection (b)(1)(H) creates the permit-holder carve-out. Subsection (b)(1)(J) creates the activity-based carve-out (hunting, target/sport shooting, gun shows with facility-manager approval, vehicle deliveries with the firearm undisturbed). The opinion applies standard Tennessee statutory-construction tools (Colonial Pipeline; Harman) including the negative-implication canon: when the legislature names handguns in (b)(1)(H), it implicitly excludes rifles and shotguns from that carve-out.

Section 39-17-1314 expressly preempts the field of firearms regulation. State preemption does not always void every local enactment; under Capitol News Co. and Southern Ry. Co., a local rule can survive if it does not conflict with state law and is not unreasonable or discriminatory. But local rules cannot infringe the spirit of state law or be repugnant to its general policy. Section 39-17-1314(b) lists the narrow categories of regulation a local government still may pursue.

Citations

• Tenn. Code Ann. §§ 39-17-1302(a); 39-17-1311(a), (b)(1)(H), (b)(1)(J), (b)(1)(J)(iv)
• Tenn. Code Ann. § 39-17-1313 (employee-carry related provisions)
• Tenn. Code Ann. § 39-17-1314(a), (b) (state preemption; local exceptions)
• Tenn. Code Ann. §§ 39-17-316; 13-3-412 (sport shooting ranges)
• Colonial Pipeline v. Morgan, 263 S.W.3d 827 (Tenn. 2008)
• Harman v. Univ. of Tenn., 353 S.W.3d 734 (Tenn. 2011)
• Capitol News Co., Inc. v. Metropolitan Gov't of Nashville, 562 S.W.2d 430 (Tenn. 1978)
• Southern Ry. Co. v. City of Knoxville, 442 S.W.2d 619 (Tenn. 1968)
• Tenn. Att'y Gen. Op. 08-26 (Feb. 14, 2008)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2018/op18-04.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
January 31, 2018

Opinion No. 18-04

Carrying or Possession of Firearms in Parks, Playgrounds, Civic Centers, or Other City or County Owned Public Venues

Question 1
Does Tenn. Code Ann. § 39-17-1311 prohibit possession of only those weapons listed in Tenn. Code Ann. § 39-17-1302(a), as referenced in Tenn. Code Ann. § 39-17-1311(a)?

Opinion 1
Tennessee Code Annotated § 39-17-1311(a) prohibits possession of those weapons listed in Tenn. Code Ann. § 39-17-1302(a) and prohibits possession of other types of weapons on recreational property owned or operated by state, county, or municipal governments at any time the person's conduct does not strictly conform to the requirements of Tenn. Code Ann. § 39-17-1311(b)(1).

Question 2
Does any provision of Tennessee law permit the holder of a valid handgun carry permit to lawfully possess handguns, rifles, or shotguns on the grounds of a public park, playground, civic center, or other building facility, area, or property owned, used, or operated by any state, county, or municipal government for recreational purposes?

Opinion 2
Tennessee Code Annotated § 39-17-1311(b)(1)(H) permits the holder of a valid handgun carry permit to possess only handguns in the areas, places, and facilities that are specifically described therein.

Question 3
Does any provision of Tennessee law permit civilians without a handgun carry permit to lawfully possess handguns, rifles, or shotguns on the grounds of a public park, playground, civic center, or other building facility, area, or property owned, used, or operated by any state, county, or municipal government for recreational purposes?

Opinion 3
Tennessee Code Annotated § 39-17-1311(b)(1)(J) permits civilians with or without a valid handgun carry permit to possess handguns, rifles, and shotguns on the grounds of a public park, playground, civic center, or other building facility, area or property owned, used, or operated by any state, county, or municipal government for recreational purposes, but only while the civilian is engaged in one of the activities specified in that subsection and only as long as the civilian's conduct strictly conforms to the statutorily circumscribed activity.

Question 4
If Tenn. Code Ann. § 39-17-1311 authorizes possession of firearms in or on the grounds of a public park, playground, civic center, building facility, area, or property owned by any state, county, or municipal government, or any instrumentality thereof for recreational purposes, may a county or municipal government prohibit possession of firearms in or on that property, and, if so, under what circumstances?

Opinion 4
With the enactment of Tenn. Code Ann. §§ 39-17-1311 and 1314, the State has chosen to preempt the entire field of regulation of firearms. Thus, county and municipal governments may not prohibit or otherwise regulate the possession of firearms in a manner that conflicts with State law.

ANALYSIS

1. Tennessee Code Ann. § 39-17-1311(a) makes it

. . . an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.

[Footnote 1: The weapons listed in Tenn. Code Ann. § 39-17-1302(a) are: (1) An explosive or an explosive weapon, (2) A device principally designed, made or adapted for delivering or shooting an explosive weapon, (3) A machine gun, (4) A short-barrel rifle or shotgun, (5) Deleted by 2017 Pub. Acts, c. 339, § 3, eff. July 1, 2017, (6) Hoax device; (7) Knuckles, or (8) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.]

The Legislature has exempted persons carrying other types of weapons from subsection (a), but only to the extent that their conduct conforms to one of the specific classifications in Tenn. Code Ann. § 39-17-1311(b)(1). Tenn. Code Ann. § 39-17-1311(b)(2). See Tenn. Att'y Gen. Op. 08-26 (February 14, 2008).

Accordingly, Tenn. Code Ann. § 39-17-1311(a) prohibits possession of those weapons listed in Tenn. Code Ann. § 39-17-1302(a) and prohibits possession of other types of weapons on recreational property owned or operated by state, county, or municipal governments at any time the person's conduct does not strictly conform to the requirements of Tenn. Code Ann. § 39-17-1311(b)(1).

2. Tennessee Code Annotated § 39-17-1311 generally prohibits possession of firearms in or on recreational properties or other facilities owned by the state, county, or municipal governments. Tennessee Code Annotated § 39-17-1311(b)(1) provides two exceptions to the general prohibition. First, subsection (b)(1)(H) authorizes holders of valid handgun carry permits to possess handguns in parks and other specified outdoor recreational facilities and properties. Second, subsection (b)(1)(J) authorizes the possession of firearms for hunting, target and sport shooting, and while attending gun shows that are conducted with the approval of the facilities manager.

The primary objective of statutory interpretation is to ascertain and give effect to the intent of the legislature. Colonial Pipeline v. Morgan, 263 S.W.3d 827, 836 (Tenn. 2008). When the statutory language is clear and unambiguous, courts "apply the plain meaning without complicating the task." Id. Moreover, under the rules of statutory construction, "[t]he mention of one subject signifies the exclusion of the other unmentioned subjects, and omissions are significant when statutes are express in certain categories but not others." Harman v. Univ. of Tenn., 353 S.W.3d 734, 739 (Tenn. 2011) (internal quotation marks omitted).

In plain and unambiguous terms, Tenn. Code Ann. § 39-17-1311(b)(1)(H) authorizes holders of valid handgun carry permits to possess a handgun in the places specifically identified in subsection (b)(1)(H)(i). The statute is silent regarding the possession of rifles or shotguns in those places. Thus, Tenn. Code Ann. § 39-17-1311(b)(1)(H) permits the holder of a valid handgun carry permit to possess only handguns in the areas, places, and facilities that are specifically described therein.

3. Tennessee Code Annotated § 39-17-1311(b)(1)(J) permits civilians to possess firearms if their conduct strictly conforms to the activities, e.g., hunting and sport or target shooting, within the limits specified under that subsection. Civilians may also lawfully possess firearms in their vehicles while "delivering or picking up passengers" as long as they do "not remove any weapon from the vehicle or utilize it in any manner." Tenn. Code Ann. § 39-17-1311(b)(1)(J)(iv). Tennessee Code Annotated § 39-17-1311(b)(1)(J) does not require a valid handgun carry permit as a condition for lawful possession of a firearm for purposes of that subsection so long as the person's conduct strictly conforms to the statutorily permitted activity.

Accordingly, under Tenn. Code Ann. § 39-17-1311(b)(1)(J), civilians with or without a valid handgun carry permit may possess handguns, rifles, and shotguns on the grounds of a public park, playground, civic center, or other building facility, area or property owned, used, or operated by any state, county, or municipal government for recreational purposes, but only while the civilian is engaged in one of the specific activities set forth in that subsection and only as long as the civilian's conduct strictly conforms to the statutorily circumscribed activity.

4. The Tennessee Legislature has expressly "preempt[ed] the whole field of the regulation of firearms . . ." including, but not limited to, the use, possession, transportation, and carrying of firearms, unless otherwise provided by state law. Tenn. Code Ann. § 39-17-1314(a).

When the Legislature expressly preempts a particular field of regulation as it has done with respect to firearms and ammunition, a local regulation in the field may nevertheless be valid as long as there is no conflict between the state statute and a local regulation and the requirements of the local regulation are not unreasonable or discriminatory. See, e.g., Capitol News Co., Inc. v. Metropolitan Gov't. of Nashville and Davidson County, 562 S.W.2d 430, 434-35 (Tenn. 1978); Southern Ry. Co. v. City of Knoxville, 442 S.W.2d 619, 622 (Tenn. 1968). But a local government may not adopt regulations or laws that "infringe the spirit of a state law or are repugnant to the general policy of the state." Capitol News Co., Inc., 562 S.W.2d at 434.

In enacting Tenn. Code Ann. §§ 39-17-1311 and 1314, the Legislature has preempted the entire field of regulation of the possession and use of firearms, including the possession and use of firearms in public parks, playgrounds, civic centers, buildings, facilities, areas, and other facilities and property owned by any state, county, or municipal government, or instrumentality thereof for recreational purposes. Thus, counties and municipalities may not prohibit or otherwise regulate possession or use of firearms in or on those properties in any manner that conflicts with State law.

[Footnote 2: Tennessee Code Ann. § 39-17-1314 authorizes a local government to regulate firearms as follows:

(b) A city, county, town, municipality or metropolitan government is expressly authorized to regulate by ordinance, resolution, policy, rule or other enactment the following:
(1) The carrying of firearms by employees or independent contractors of the city, county, town, municipality or metropolitan government when acting in the course and scope of their employment or contract, except as otherwise provided in § 39-17-1313;
(2) The discharge of firearms within the boundaries of the applicable city, county, town, municipality or metropolitan government, except when and where the discharge of a firearm is expressly authorized or permitted by state law;
(3) The location of a sport shooting range, except as otherwise provided in §§ 39-17-316 and 13-3-412; and
(4) The enforcement of any state or federal law pertaining to firearms, ammunition, or components of firearms or ammunition, or combinations thereof.]

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

MICHAEL A. MEYER
Special Counsel

Requested by:
The Honorable Courtney Rogers
State Representative
508 Cordell Hull Building
Nashville, Tennessee 37243