Tennessee Code Annotated
Tenn. Code Ann. § 39-17-1308 (2026)
Defenses to unlawful possession or carrying of a weapon
✓ current as of May 2026
- (a) 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:
- (A) Place of residence;
- (B) Place of business; or
- (C) 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.
- (b) The defenses described in this section are not available to persons described in § 39-17-1307(b)(1).
Amended by 2019 Tenn. Acts, ch. 479, s 2, eff. 1/1/2020.
Amended by 2017 Tenn. Acts, ch. 468, s 2, eff. 1/1/2018.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 7; 1993, ch. 200, § 1; 1996, ch. 1009, §§ 20, 21; 1997 , ch. 476, § 3; 1999, ch. 295, § 1; 2003 , ch. 144, § 2.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 2001–2026 · leading case: State v. Johnson, 79 S.W.3d 522 (Tenn. 2002).
State v. Johnson, 79 S.W.3d 522 (Tenn. 2002). “, enabled him to possess a handgun lawfully and that the Court of Criminal Appeals correctly held that he was permitted to possess a handgun in his residence pursuant to Tenn. Code Ann. § 39-17-1308 (a)(3)(A). *527 Initially, we observe that Tennessee has “specific disability…”
State v. Reid, 213 S.W.3d 792 (Tenn. 2006). “See Tenn. Code Ann. § 39-17-1308 (2003). In our view, the ownership of these weapons, standing alone, does not constitute a crime.”
David Scott Blackwell v. Bill Haslam, Governor of the State of Tennessee, Robert e. Cooper, Jr., Tennessee Attorney Gen., Victor S. (Torry) Johnson, III, Dist. Attorney Gen., Kim Helper, Dist. Attorney Gen., & The State of Tennessee (Tenn. Ct. App. 2013). “at 527 (quoting Tenn. Code Ann. § 39-17-1308 (b)). Furthermore, Section 39-17-1308 does not include 11 The version of the statute at issue in Johnson prohibited the possession of a “handgun.”
Leonard Embody v. Robert E. Cooper, Jr. (Tenn. Ct. App. 2013). “Tenn. Code Ann. § 39-17-1308 provides: (a) 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…”
State of Tennessee v. Thurman L. Whitsey & Charlie Mae Whitsey (Tenn. Crim. App. 2003). “See Tenn. Code Ann. § 39-17-1308 (a)(3)(A). She submits that she could not be convicted of facilitation of an act which itself is not illegal.”
State of Tennessee v. John Edward Johnson, Jr. (Tenn. Crim. App. 2001). “See Tenn. Code Ann. § 39-17-1308 (a)(3)(A). The state argues that restoration of citizenship rights does not include a convicted felon’s right to possess a handgun.”
State of Tennessee v. Eddie Smith (Tenn. Crim. App. 2020). “T.C.A. § 39-17-1308(a)(2). On appeal, Defendant does not challenge the trial court’s findings that he was carrying a firearm with the intent to go armed in violation of 39-17-1307(a)(1).”
State of Tennessee v. Ethan Allen Compton (Tenn. Crim. App. 2026). “The court, thus, determined that Code section 39-17-1308(f)(1)(A) was constitutional.”
State of Tennessee v. J.D. Jones (Tenn. Crim. App. 2004). “Tenn. Code Ann. § 39-17-1308 . The evidence was sufficient for the jury to conclude that Defendant unlawfully possessed the weapon with the intent to go armed.”
State of Tennessee v. Barry Leon Ferguson (Tenn. Crim. App. 2018). “39-17-1307, T.C.A. 39-17-1308 and 39-17-1324. Based on the information contained in the affidavit, Chancellor Tony Childress granted Investigator Hughes’s request for a search warrant.”
Barry Leon Ferguson v. State of Tennessee (Tenn. Crim. App. 2019). “39-17-1307, T.C.A. 39-17-1308 and 39-17-1324. Based on the information contained in the affidavit, Chancellor Tony Childress granted Investigator Hughes’s request for a search warrant.”
State of Tennessee v. Kenyon Demario Reynolds, Alias (Tenn. Crim. App. 2022). “Defenses to this section are found in § 39-17-1308. Punishment for these offenses is based on the seriousness of the offense and the potential for harm to others.”
— Tenn. Code Ann. § 39-17-1308(a) — 1 case
State of Tennessee v. John Edward Johnson, Jr. - Dissenting (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 39-17-1308(a)(2) — 1 case
State of Tennessee v. Eddie Smith (Tenn. Crim. App. 2020). “T.C.A. § 39-17-1308(a)(2). On appeal, Defendant does not challenge the trial court’s findings that he was carrying a firearm with the intent to go armed in violation of 39-17-1307(a)(1).”
— Tenn. Code Ann. § 39-17-1308(a)(3)(A) — 2 cases
State v. Johnson, 79 S.W.3d 522 (Tenn. 2002). “, enabled him to possess a handgun lawfully and that the Court of Criminal Appeals correctly held that he was permitted to possess a handgun in his residence pursuant to Tenn. Code Ann. § 39-17-1308 (a)(3)(A). *527 Initially, we observe that Tennessee has “specific disability…”
David Scott Blackwell v. Bill Haslam, Governor of the State of Tennessee, Robert e. Cooper, Jr., Tennessee Attorney Gen., Victor S. (Torry) Johnson, III, Dist. Attorney Gen., Kim Helper, Dist. Attorney Gen., & The State of Tennessee (Tenn. Ct. App. 2013). “at 527 (quoting Tenn. Code Ann. § 39-17-1308 (b)). Furthermore, Section 39-17-1308 does not include 11 The version of the statute at issue in Johnson prohibited the possession of a “handgun.”
— Tenn. Code Ann. § 39-17-1308(b) — 1 case
State v. Johnson, 79 S.W.3d 522 (Tenn. 2002). “, enabled him to possess a handgun lawfully and that the Court of Criminal Appeals correctly held that he was permitted to possess a handgun in his residence pursuant to Tenn. Code Ann. § 39-17-1308 (a)(3)(A). *527 Initially, we observe that Tennessee has “specific disability…”
— Tenn. Code Ann. § 39-17-1308(f)(1)(A) — 1 case
State of Tennessee v. Ethan Allen Compton (Tenn. Crim. App. 2026). “The court, thus, determined that Code section 39-17-1308(f)(1)(A) was constitutional.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.