Is Open Carry Legal in Tennessee After the 2026 Law Changes?

Yes, Open carry of handguns is legal in Tennessee for individuals aged 21+ without a permit, per T.C.A. § 39-17-1307. However, local governments may regulate discharge within city limits, and businesses retain rights to prohibit firearms on premises. Tennessee’s 2023 preemption law (SB 1325) further restricts municipal interference with state firearm laws, though Nashville and Memphis have historically contested enforcement.

Key Regulations for Open Carry in Tennessee

  • Age and Location Restrictions: Open carry is permitted for residents and non-residents 21+ in most public spaces, excluding private property where posted or during prohibited events (e.g., polling places, courthouses). Tennessee’s 2026 legislative session may introduce additional venue-specific bans.
  • Local Ordinance Conflicts: Cities like Nashville and Memphis have attempted to impose local restrictions (e.g., zoning-based prohibitions), but state preemption under T.C.A. § 39-17-1316 invalidates such measures. The Tennessee Attorney General has repeatedly affirmed this in advisory opinions.
  • Business and Government Property: Private entities may ban open carry via signage (T.C.A. § 39-17-1359), while government buildings (e.g., courthouses) prohibit firearms entirely. Violations may result in trespass charges under T.C.A. § 39-14-603.

Note: While no permit is required for open carry, concealed carry still mandates a Tennessee Handgun Carry Permit (THCP) or reciprocal recognition. The 2023 “Constitutional Carry” law (SB 765) eliminated permit requirements for concealed carry but did not alter open carry provisions. Always verify municipal updates, as enforcement varies despite state preemption.