Defenses to Unlawful Possession or Carrying of a Weapon

  1. Law
  2. Tennessee Code
  3. Criminal Offenses
  4. Offenses Against Public Health, Safety and Welfare
  5. Weapons
  6. Defenses to Unlawful Possession or Carrying of a Weapon

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  1. It is a defense to the application of § 39-17-1307 if the possession or carrying was:
    1. Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;
    2. By a person authorized to possess or carry a firearm pursuant to § 39-17-1315, § 39-17-1351, or § 39-17-1366;
    3. At the person's:
      1. Place of residence;
      2. Place of business; or
      3. Premises;
    4. Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;
    5. By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;
    6. By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties;
    7. By a state, county or municipal judge or any federal judge or any federal or county magistrate;
    8. By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;
    9. By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws;
    10. By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state; or
    11. By a person authorized to carry a handgun pursuant to § 36-3-626 or § 39-17-1365.
  2. The defenses described in this section are not available to persons described in § 39-17-1307(b)(1).


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