Tennessee § 39-17-1315 - Written directive and permit to carry handguns.

§ 39-17-1315. Written directive and permit to carry handguns.

The following persons may carry handguns at all times pursuant to a written directive by the executive supervisor of the organization to which the person is or was attached or employed, regardless of the person's regular duty hours or assignments: Any law enforcement officer, police officer, bonded and sworn deputy sheriff, director, commissioner, county magistrate or retired law enforcement officer who is bonded and who, at the time of receiving the written directive, has successfully completed and, except for a law enforcement officer who has retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired, continues to successfully complete on an annual basis a firearm training program of at least eight (8) hours duration; Any director or full-time employee of the Tennessee emergency management agency in the performance of the director's or employee's duty; Any duly authorized representative or full-time employee of the department of correction who has been specifically designated by the commissioner of the department to execute warrants issued pursuant to § 40-28-121 or § 40-35-311 or to perform such other duties as specifically designated by the commissioner; or Any other officer or person authorized to carry handguns by this, or any other law of this state. A copy of the written directive shall be retained as a portion of the records of the particular law enforcement agency that shall issue the directive. Nothing in this subdivision (a)(1) shall prevent federal officers from carrying firearms as prescribed by federal law. Any duly elected and sworn constable in any county having a population of not less than eleven thousand one hundred (11,100) nor more than eleven thousand two hundred (11,200), according to the 1970 federal census or any subsequent federal census, and being a county in which constables retain law enforcement powers and duties under §§ 8-10-108, 40-6-210, 55-8-152, 57-5-202 and 57-9-101, are authorized to and may carry handguns at all times and may equip their vehicles with blue and red lights and sirens. The sheriff of such county shall issue a written directive or permit authorizing the constables to carry a handgun; provided, that each constable has completed the same eight-hour annual firearm training program as is required by this subsection (a). The county commission may, by a two-thirds (2/3) vote, require the constable to have in effect a liability policy or a corporate surety bond in an amount of not less than fifty thousand dollars ($50,000). An individual, corporation or business entity is authorized to prohibit the possession of weapons by employees otherwise authorized by this subsection (b) on premises owned, operated or managed by the individual, corporation or business entity. Notice of the prohibition shall be posted or otherwise noticed to all affected employees. An individual, corporation, business entity or governmental entity or agent thereof is authorized to prohibit possession of weapons by any person otherwise authorized by this subsection (b), at meetings conducted by, or on premises owned, operated, managed or under control of the individual, corporation, business entity or governmental entity. Notice of the prohibition shall be posted or announced. Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 10; 1993, ch. 471, §§ 2, 4; 1994, ch. 943, §§ 2-9, 11-13; 1995, ch. 434, § 1; 1996, ch. 905, § 1; 1999, ch. 498, § 1; 2003, ch. 144, § 1; 2007, ch. 318, § 1; 2007, ch. 586, § 3; 2012, ch. 727, § 8. Sentencing Commission Comments. This section establishes a significant change in Tennessee law with respect to handguns. In 1994, this section was substantially rewritten. Compiler's Notes. Acts 1993, ch. 471, § 4 provided that the amendment by that act shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county to which it may apply, and that its approval or nonapproval shall be proclaimed by the presiding officer of such legislative body and certified to the secretary of state. For the preamble to the act concerning transfers of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727. Acts 2012, ch. 727, § 63 provided that the implementation of the act, which amended subdivision (a)(1), shall be fully accomplished on or before January 1, 2013. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Certain security guards prohibited from carrying firearms, § 62-35-134 . Department of safety, retired member, retention of weapon and badge, § 4-7-110 . Private protective services, title 62, ch. 35. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 28.114. Tennessee Jurisprudence, 25 Tenn. Juris., Weapons, §§ 5, 6. Law Reviews. Guns in Trunks: An Erosion of Tennessee's Employment-At-Will Rule?, 49 Tenn. B.J. 17 (2013). “Shall Issue”: The New Wave of Concealed Handgun Permit Laws (Clayton E. Cramer and David V. Kopel), 62 Tenn. L. Rev. 679 (1995). Weapons in the Workplace: The Effect of Tennessee's Concealed Weapons Statute on Employer Liability, 28 U. Mem. L. Rev. 281 (1997). Attorney General Opinions. Powers and duties of constables in Clay County, OAG 92-18 (2/28/92). Authority of Morgan County constables to carry guns, OAG 93-62 (10/20/93). Firearms for constables without law enforcement powers, OAG 94-112 (10/6/94). Limits on sheriff's authority as to handgun permits, OAG 95-025 (3/28/95). Authority of off duty officer to carry weapon on specific sites, OAG 99-024 (2/16/99). Constables carrying firearms. OAG 13-110, 2013 Tenn. AG LEXIS 115 (12/27/13). County employees carrying handguns while on duty, OAG 14-56, 2014 Tenn. AG Lexis 14-59 (5/19/14)