Significant Attorney General Opinions:
The Tennessee Attorney General is appointed by the Tennessee Supreme Court as the chief attorney representing the state of Tennessee. One might think that the duty of the Attorney General is to represent the interests of the people of Tennessee and to defend their rights under the Tennessee and perhaps even the federal Constitution.
As part of his duties, the Tennessee Attorney General represents primarily other state agents (e.g., legislators) and departments. Routinely the Attorney General is asked to write an opinion on what he thinks the law is in a certain area or pertaining to a certain topic. These opinions are not the law but only the individual’s opinion as to what the law is. Often times, these opinions are written from the perspective of furthering what the state wants rather than what is actually constitutionally in the bests interests of the people of the state. Thus several years ago the Attorney General wrote an opinion in which he expressed that there is no “right” of “self-defense” in Tennessee!!
Independent of the accuracy of constitutional soundness of these opinions (a problem with many of them unfortunately), the opinions are the guide to state agencies and can provide some insight into the meaning or intent of the statutes.
Since 2000 (actually extending into part of 1999) the Attorney General has published his “formal” opinions on the State’s web site.
Attorney General Opinions. There is an index for each year so, for example, you can see an index of all opinions from 2000 to the present.
Here are some of the Attorney General Opinions that pertain to firearms ownership, self-defense and related topics:
- Scope of the phrase “inside any building in which judicial proceedings are in progress” in
Tenn. Code Ann. § 39-17-1306 22-04 – March 14, 2022 - Storing and Transporting Firearms in Vehicles on School Property 22-02 – February 1, 2022
- Carrying Handguns in Buildings in Which Judicial Proceedings Occur 22-01 – January 24, 2022
- Governmental Employment Policies Prohibiting the Possession, Carrying, Storage, and
Transportation of Handguns 21-13 – August 21, 2021 - Militias 21-05 – May 6, 2021
- NICS and Department of Safety Reporting Requirements for Court Clerks 20-17 – October 23, 2020
- Possession of Antique Firearms by Felons 19-19 – October 9, 2019
- Prohibition on handguns in buildings in which judicial proceedings are in progress 19-07 – June 18, 2019
- Authority of an Off-duty Law Enforcement Officer to Carry a Firearm on Public or Private Property 18-22 – May 24, 2018
- Carrying or Possession of Firearms in Parks, Playgrounds, Civic Centers, or Other City or County Owned Public Venues 18-04 – January 31, 2018
- Effect of Tenn. Code Ann. § 39-17-1314 on Enforceability of Local Zoning Laws 17-26 – April 11, 2017
- Private, Occasional Sales of Firearms in Tennessee 16-44 – December 14, 2016
- Interplay of Tenn. Code Ann. §§ 39-17-1309, -1311, and -1313; Scope of the phrase “while in use by” in the context of Tenn. Code Ann. § 39-17-1309. 16-29 – July 27, 2016
- Effects of Judicial Diversion on Licensed Armed or Unarmed Security Guards 16-17 – May 6, 2016
- Ownership and Possession of Firearms after Conviction for a Felony or Misdemeanor 15-75 – November 9, 2015
- Applicability of Tenn. Code Ann. § 39-17-1309 to Religious Institutions and Home Schooling 15-67 – September 18, 2015
- License for Church Congregations Using Volunteer Members for Security Purposes 15-64 – August 21, 2015
- Possession of Firearms in Public Parks Owned by Counties and Municipalities 15-63 – July 29, 2015
- License to hunt and possess firearms 15-33 – April 10, 2015
- Use of exploding targets 15-12 – February 5, 2015
- Possession of Firearms on Athletic Fields Used by Schools 14-88 – September 18, 2014
- Constitutionality of Firearms-in-Parking-Lots Statute on Vagueness Grounds 14-87 – September 18, 2014
- Use of Alcohol or Controlled Substances and Handgun Carry Permits 14-86 – September 18, 2014
- Out-of-State Handgun Permits Held by Tennessee Residents 14-60 June 11, 2014
- County Employees Carrying Handguns while on Duty 14-56 May 19, 2014
- Legislation Relative to State Preemption of Weapons Regulation 14-25 February 27, 2014
- Constitutionality of Legislation Amending the “Tennessee Firearms Freedom Act” 14-24 February 27, 2014
- Constables Carrying Firearms 13-110 December 27, 2013
- Local Government Prohibition of the Discharge of Firearms 13-66 – August 23, 2013
- Employee’s Possession of Firearms and Firearm Ammunition on Employer Property 13-41 – May 28, 2013
- Use of State Personnel or Resources to Enforce Federal Firearms Laws 13-24 – March 20, 2013
- Public Access to Governmental Handgun Carry Permit Information 13-23 – March 18, 2013
- Constitutionality of Bill Limiting Property Owner’s Prohibition of Firearms in Vehicles 12-40 March 20, 2012
- Handgun Carry Permit Fees and Fines for Unlawfully Carrying Weapons 12-90 September 9, 2012
- Firearms, Vehicle Towing, Guests, and Security Deposits on Leased Property 09-170 – October 26, 2009 – Shipley, Tony-Representative
- Prohibiting Handguns in Jointly Operated Public Parks 09-169 – October 20, 2009 – Ramsey, Bob- Representative
- Pardoned Felony Drug Offender Prohibited from Possessing or Purchasing Firearms 09-168 – October 20, 2009 – Casada, Glen- Representative
- Carrying of Firearms in Parks Being Used by Schools 09-160 – September 28, 2009 – Tidwell, John- Representative
- Authorization of County and Municipal Governments to Prohibit Handguns in Parks They Own 09-158 – September 22, 2009 – West, Ben- Representative
- Authority of Counties and Municipalities to Prohibit Firearms in Parks Which They Own 09-152 – September 8, 2009 – Cooper, Barbara- Representative, Lollar, Ron- Representative
- Handgun Permit Eligibility – What is a dishonorable discharge (06-109)
- Eligibility of a Person Convicted of Certain Crimes to Serve as a Police Officer or Sheriff Where That Person’s Citizenship Rights Have Been Restored Pursuant to Court Order (06-045)
- Civilian Handgun Permits Concealment and Seizure by law enforcement (05-154)
- Possession of Firearms on Publicly Owned Property (04-20)
- Constitutional Right to Keep and Bear Arms (03-165)
- Consideration of prior foreign convictions (Set aside) for qualifications of police officers (03-095)
- Private Roads (03-088)
- Licensure Requirements and Powers of Private Security Officers who work for a Security Company Contracting with Federal, State or Local Governments (03-022)
- Licensed Security Officers and Citizen Arrests (03-018)
- Restoration of Rights Forms for Handgun Permit Purposes (02-119)
- Expungements Section 40-35-313 (02-099)
- Correctional Officers Carrying Firearms While Off Duty (Revised) (02-035)
- Qualifying to Run for Office of Sheriff? (02-009)
- Disclosure of Social Security Numbers as a Condition for the Issuance of Handgun Carry Permits? (02-003)
- Governmental Liability for Off-Duty Police Officers Working for Private Security Firms? (02-002)
- Expunction of Records after Entry of Nolle Prosequi (also addresses the return of firearms seized by police after dismissal of charges) (01-155)
- Correctional Officers carrying while off duty (01-126)
- Ability of the Tennessee Bureau of Investigation to Require Firearm Purchaser to Supply His/Her Social Security Number? (01-023)
- Review of Bounty Hunter Powers (01-020)
- Right to a Jury Trial for a Class C Misdemeanant (00-192)
- Application of Tenn. Code Ann. § 39-17-1352(e)(1) and (2) to General Sessions Courts (00-183)
- Secondary employment of law enforcement officers by private security company (00-166)
- Ability of local governments to prohibit possession of weapons in county buildings (00-161)
- Board of Zoning Appeals’ Modification of Zoning Variance (00-148) [relative to terminating a special variance that was issued for a private shooting range]
- Lawful commands of police (00-147)
- Responsibility for FBI R-84 Disposition Report (00-056)
- Requirement of Handgun Safety Class for Individuals Whose Handgun Carrying Permit Has Expired (00-038)
- Does Tenn. Code Ann. § 39-17-1305 prohibit carrying of a gun into an establishment that sells beer with less than a 5% alcohol content? (00-031)
- Constitutionality of Tenn. Code Ann. § 39-17-1305 (relative to possession of handguns around alcohol) (00-020)
- Ability of an Armed Security Guard to carry a weapon on breaks and during off duty hours. (99-189)
- Ability of off duty law enforcement officer to carry a handgun during judicial proceedings, on school property, on recreational grounds, and on premises that sell or serve alcohol. (99-024) [Note: This opinion also comments on the ability to carry firearms under T.C.A 39-17-1311 – public parks, etc.]
- Forum and Costs to Appeal Denial, Revocation, or Suspension of Handgun Carry Permit (98-199)
- Applicability of Tenn. Code Ann. § 39-17-1308 as a defense to Tenn. Code Ann. § 39-17-1321 (98-151)
- Felons obtaining a handgun carry permit after restoration of rights (97-169)
- Right to keep and bear arms as applied to certain statutes regulating firearms. (96-080)