Summary: SB 43 / HB 814 (Tennessee, 114th Session)
Purpose and intent
- Authorizes a county legislative body to prohibit, by resolution, persons within the county from carrying a handgun without a handgun carry permit.
- If a county passes such a resolution, it must post notice of the resolution in conspicuous public locations throughout the county.
- The bill amends Tennessee Code Annotated Title 39, Chapter 17, Part 13, and takes effect July 1, 2025.
Key provisions and changes
- Carrying a handgun exception (current law): Under § 39-17-1307(g)(1), a person may lawfully carry a handgun (openly or concealed) if they meet certain conditions (age, eligibility, possession, and lawful presence).
- Age: at least 21; or 18+ with certain military/service exemptions.
- Other requirements: lawful possession of the handgun and lawful presence in the location.
- New county option (g)(2): A county legislative body may elect not to permit carrying without a permit by passage of a resolution.
- Effect: The resolution eliminates the statutory carry-permit exception within the county boundaries (i.e., no-carry-without-permit regime applies in that county).
- Notice requirement: Counties that adopt the resolution must post notice throughout the county in conspicuous public locations.
- Note: Failure to satisfy the notice requirement does not undermine the effect of the resolution.
- Revisions to § 39-17-1314(b): Adds a new subdivision (5) addressing the unlawful carrying of a firearm as provided in § 39-17-1307(g)(2).
- Effective date: July 1, 2025.
Who is affected
- County residents and visitors within counties that choose to adopt the resolution prohibiting carry without a permit.
- Local government structures: county legislative bodies, sheriffs’ offices (noted in fiscal provisions for permit processing), and local providers involved in permit issuance and background checks.
- State agencies involved in permit processing, background checks, fingerprinting, and related data systems (Department of Safety, Tennessee Bureau of Investigation, FBI) due to potential changes in permit issuance volume.
Procedural and timeline aspects
- Legislative process: Introduced as SB 43 (Senate) / HB 814 (House), with a co-sponsor (Sen. London Lamar). Status history shows multiple committee actions in 2025 and 2026, including passage in some stages and deferred actions; as of the latest notes, the bill failed in Senate Judiciary Committee (Feb 3, 2026).
- Effective date: The act would take effect on July 1, 2025, were it to become law.
- Fiscal notes: Multiple fiscal analyses project unknown effects on state and local revenues and expenditures, tied to potential increases in handgun permit issuances if counties adopt the resolution. Key cost/revenue channels include:
- Permit fees paid to the Department of Safety (DOS) and related background checks via the Tennessee Bureau of Investigation (TBI) and FBI.
- Fees allocated to sheriffs for verification of applicant information.
- Printing costs for permit cards.
- Local government impacts via renewals and potential additional permit-related revenue.
- Public safety/fines: Violations carry penalties under § 39-17-1307(a) (Class C misdemeanor on first offense; Class B for subsequent offenses; Class A if carried in a place open to the public with people present). Fines and incarceration impacts are projected to be not significant at the local level.
Notable context from fiscal analyses
- Memphis-related references: Ballot measures in 2024 and subsequent city actions discussed, but state preemption generally limits local ordinances from altering statewide carry-permit requirements. The fiscal notes assume variability in any county adoption and consequent permit issuance fluctuations.
- Overall: The fiscal impact is uncertain because county adoption, timing, and resulting permit issuance volumes are not predictable.
Bottom line
- If enacted, the bill would give counties a mechanism to prohibit carry without a permit by local resolution, with required public notice. It would add a new unlawful-carry provision tied to the county-imposed prohibition and set a July 1, 2025 effective date. The bill’s fiscal impact depends on local adoption and subsequent changes in permit issuance, with statewide administrative costs arising from processing, background checks, and card printing. As of the latest action, the bill did not pass in the Senate Judiciary Committee.
