Tennessee Attorney General

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 opinion in 2006, 2007 or 2008.  The indexes are not hyperlinked to take a notepad on your search. 

Here are some of the Attorney General Opinions that pertain to firearms ownership, self-defense and related topics:

• 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)