Tennessee Statewide Rule
Tennessee Firearms Local Preemption Statute
Key Facts
- Fire
- T.C.A. 39-17-1314 broadly preempts local firearm regulation
- Fee
- Cities and counties cannot impose local gun taxes or registries
- Limit
- Local discharge regulations remain permissible within limits
- Fee
- Violating ordinances trigger attorney fee shifting to plaintiffs
- Fire
- State legislature has exclusive authority over firearm policy
Summary
Tennessee law preempts virtually all local regulation of firearms, ammunition, and components, reserving authority exclusively to the state legislature under T.C.A. 39-17-1314.
39-17-1314. Preemption of local regulation of firearms, ammunition, and knives - Actions against firearms or ammunition manufacturer, trade association, or dealer - Party adversely affected by local regulation. (a) Except as otherwise provided by state law or as specifically provided in subsection (b), the general assembly preempts the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof including, but not limited to, the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, loan, licensing, registration, storage, and transportation thereof, to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments or regulation. No county, city, town, municipality, or metropolitan government nor any local agency, department, or official shall occupy any part of the field regulation of firearms, ammunition or components of firearms or ammunition, or combinations thereof. (b) A city, county, town, municipality or metropolitan government is expressly authorized to regulate by ordinance or resolution the following:
Full Breakdown
T.C.A. 39-17-1314 prohibits cities, counties, and metropolitan governments from regulating the transfer, ownership, possession, carrying, transportation, manufacture, storage, sale, or taxation of firearms, ammunition, components, or firearm-related supplies. Local ordinances inconsistent with state law are void. Limited exceptions exist for regulating discharge within municipal boundaries and certain employee policies. Persons adversely affected by a violating ordinance may sue for declaratory and injunctive relief plus reasonable attorney fees.
Violations & Penalties
Local governments enacting prohibited firearms ordinances face civil suits, injunctive relief, and mandatory attorney fee awards to prevailing plaintiffs.
Frequently Asked Questions
Can a Tennessee city ban guns in city parks?
What happens if a city passes a stricter gun ordinance?
Sources
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