Is Open Carry Legal in Memphis, Tennessee? Rules, Permits, and Restrictions
Generally, yes: eligible adults may openly carry a handgun in Memphis without a Tennessee handgun carry permit. But that does not mean a firearm can be carried everywhere or by everyone. State and federal restrictions still apply, and private property owners can prohibit guns. The answer may also differ for long guns, prohibited places, and people who do not qualify for permitless carry. The following guide explains the main rules and practical limits; it is general information, not legal advice.
Is Open Carry Legal In Memphis?
Memphis follows Tennessee’s statewide firearm laws. Tennessee allows eligible people to carry a handgun openly or concealed without first obtaining a handgun carry permit, under the state’s permitless-carry law. As a result, open carry is generally legal in public places in Memphis when the person, firearm, and location meet applicable legal requirements.
“Permitless carry” does not mean unrestricted carry. A person can still commit an offense by carrying in a prohibited location, carrying while legally disqualified, or violating restrictions on weapons and conduct. Memphis residents and visitors should not assume that an open-carry firearm is allowed simply because it is visible or because no permit is required.
Tennessee law also distinguishes handguns from other firearms. The permitless-carry rule is commonly described in terms of handguns; it should not be treated as blanket permission to carry a rifle or shotgun in every public setting. Other state laws, federal rules, local property policies, and circumstances may affect long-gun possession and carry.
Who Can Carry A Handgun Without A Permit?
Tennessee’s permitless-carry law applies only to people who meet statutory eligibility requirements. In general, a person must be at least 21 years old, although the law provides limited exceptions for certain people ages 18 to 20, including qualifying members of the armed forces. Other disqualifying conditions can apply regardless of age.
Eligibility may be affected by criminal convictions, certain pending charges, protection orders, mental-health-related legal restrictions, immigration status, or other circumstances specified by state or federal law. The details can be fact-specific. A person who is unsure whether a past event or current legal status affects eligibility should consult a qualified Tennessee attorney before carrying.
Permitless carry is not the same as a finding that someone is legally eligible. A person who would be barred from possessing a firearm cannot make possession lawful by carrying openly, carrying concealed, or choosing not to apply for a permit.
Open Carry Versus A Tennessee Carry Permit
Eligible people generally do not need a Tennessee handgun carry permit merely to carry a handgun openly. Tennessee still issues handgun carry permits, and a permit may be useful for people who want to carry across state lines, subject to the other state’s recognition laws, or who want a document confirming that they completed the state’s permitting process.
A permit does not override restrictions on prohibited places, private-property rules, or federal law. Nor does a Tennessee permit automatically authorize carry in another state. Travelers should check the current law of every state they enter, including that state’s rules on permit recognition, vehicle carry, restricted locations, and duty to inform law enforcement.
Because firearm laws change, people should check current information from the Tennessee Department of Safety and Homeland Security and the Tennessee Code rather than relying on an old permit guide or an online summary written before permitless carry took effect.
Places Where Open Carry May Be Prohibited
Even when a person is eligible to carry, location matters. Tennessee law and federal law restrict firearms in certain places. A person carrying openly in Memphis should pay particular attention to the following categories:
- Schools and school property: Tennessee and federal laws impose restrictions involving school buildings, grounds, and school activities. Exceptions are limited and depend on the facts.
- Courthouses and government facilities: Security rules and statutes may prohibit firearms in particular buildings or areas. Government ownership alone does not answer whether carry is allowed; the specific law and facility rules matter.
- Federal property: Federal buildings and other federally controlled locations can be subject to federal firearm restrictions, even when Tennessee law permits carry elsewhere.
- Private property: Businesses, venues, and other property owners may prohibit firearms, subject to applicable law.
- Events and restricted areas: A venue may impose firearm conditions, and laws can apply to particular events, restricted zones, or locations where alcohol is served.
This list is not exhaustive. Tennessee Code Title 39, Chapter 17 includes laws on weapons in specific places, and federal law adds separate rules. Before entering a building or event with a firearm, the carrier should check posted signs, venue policies, and the law governing that location.
Private Businesses, Signs, And Property Rules
A business or property owner may generally set rules against firearms on the property. Tennessee Code § 39-17-1359 addresses notice that firearms are prohibited on property. When a property owner gives legally sufficient notice, a person who carries in violation may face criminal consequences, in addition to being asked to leave.
Notice can be provided through signs or other methods recognized by law. A sign’s wording, placement, and visibility may matter. When a sign says weapons are prohibited, the prudent course is to comply rather than assume it is unenforceable. A business may also have rules covering employees, customers, contractors, or event attendees.
Property rules are separate from the question of whether a person has a carry permit. A permitless carrier and a permit holder alike should respect a valid prohibition. If asked to leave because of a firearm, the person should leave peacefully and avoid escalating the situation.
Carrying In A Vehicle And Around Alcohol
Vehicle carry can involve rules different from those governing carry on foot. Tennessee has laws addressing firearm possession in vehicles, and the details may depend on the person’s eligibility, the type of firearm, and the circumstances. A handgun that is lawful to carry does not automatically become lawful in every vehicle-related setting, such as a school parking area or a restricted government facility.
Alcohol creates additional risks and legal limits. Tennessee law prohibits carrying a firearm while under the influence of alcohol or drugs. Rules may also apply in places that serve alcohol, and the applicable requirements can depend on the location and the person’s conduct. Carrying openly in a bar or restaurant should not be assumed lawful simply because the firearm is visible or the carrier has a permit.
The safest practice is not to carry while drinking or using impairing substances, and not to handle or display a firearm in a way that could alarm others. A carrier should check current state law before entering an establishment that serves alcohol.
How Memphis And Tennessee Local Laws Fit Together
Tennessee law limits the ability of local governments to regulate many aspects of firearm ownership and carry. That state preemption does not erase state or federal restrictions, private-property rights, or rules that remain authorized by law. It also does not make every public space in Memphis an unrestricted carry zone.
Memphis residents should therefore start with Tennessee law, then check the rules for the particular location. A city park, public building, special event, or property operated by another government entity may have specific restrictions or policies. The name of the city on a sign or building is not enough to determine whether a firearm is allowed; the legal authority and precise location matter.
Practical Steps Before Open Carrying In Memphis
- Confirm eligibility. Review Tennessee’s permitless-carry requirements and any state or federal disqualifiers that may apply.
- Identify the firearm. Do not assume rules for handguns automatically apply to rifles, shotguns, or other weapons.
- Check the destination. Look for posted notices and review rules for schools, government buildings, events, businesses, and other restricted places.
- Consider the route. A lawful destination may require passing through a restricted location, such as a school zone or secured facility.
- Carry safely and discreetly. Use a secure holster, keep the firearm under control, and avoid conduct that could reasonably be viewed as threatening.
- Verify current law. Consult the official Tennessee Code and state agency guidance, especially before travel or when a situation involves alcohol, a vehicle, or a restricted property.
What To Do If Police Ask About A Firearm
Open carry can draw attention, and an officer may approach to ask questions. A person should remain calm, keep hands visible, and avoid reaching toward the firearm. The person should follow lawful instructions and should not touch or move the weapon unless directed to do so.
Whether a carrier must disclose possession, produce identification, or answer particular questions can depend on the circumstances and the specific law involved. There is no substitute for legal advice about a particular encounter. If a person believes their rights were violated, it is generally safer to document the details afterward and speak with an attorney than to argue during the encounter.
Official Sources And Further Reading
For current details, consult the official Tennessee Code, particularly Title 39, Chapter 17, including provisions on carrying firearms and prohibited locations. The Tennessee Department of Safety and Homeland Security provides information about handgun carry permits and state requirements. Federal restrictions are summarized by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the relevant federal statutes.
Useful starting points include Tennessee Code, Title 39, Chapter 17 and the Tennessee Department of Safety handgun permit information. These sources should be checked for current language, since laws and agency guidance can change.
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Is open carry legal in Memphis, Tennessee? Learn who may carry a handgun without a permit, where firearms are restricted, and how signs, vehicles, and alcohol affect the rules.