Tennessee Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Tennessee, with full citations and the original source on every page.
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Did the Seventh Circuit's 2014 ruling against Indianapolis's adult-bookstore hours rule mean Tennessee's similar restrictions are now unconstitutional?
No. Tennessee sits in the Sixth Circuit, where Richland Bookmart upheld Tennessee's hours-of-operation restrictions under intermediate scrutiny based on the secondary-effects doctrine. The Seventh Cir…
Is dog racing legal in Tennessee under the Racing Control Act of 1987, and is the State Racing Commission still in operation?
No to both. The Racing Control Act applied only to horse racing, not dog racing. The Racing Commission was terminated in 1997-98, and its rules expired; reestablishing it requires new legislation. Wag…
Who counts as an 'other spiritual leader' for solemnizing a Tennessee marriage, and does the founder of a religious organization qualify?
It depends on the religion's own customs. A Church of Christ elder may solemnize marriages if the particular congregation's custom and practice authorizes it. A founder of a religious organization may…
Do Tennessee notaries public have to keep a record of every notarization, even when they don't charge a fee, and can it be electronic?
Yes. Starting October 1, 2014, the recordkeeping duty applies to every notarial act regardless of whether the notary charges a fee. The 'well-bound book' may be kept electronically if the record stays…
In Tennessee, can a handgun carry permit holder carry a firearm into a public park athletic field while a school is using the field for sports practice or other activities?
No. The carry-permit exception in the public-parks statute is overridden by the school-property statute, which prohibits firearms on athletic fields or recreation areas being used by a school. The opi…
Is Tennessee's 'guns in parking lots' law for handgun-carry permit holders so vague that it can't be enforced?
No. The statute, read together with the related firearms statutes, gives ordinary people fair notice of what conduct is and is not prohibited.
Who counts as an 'unlawful user' of alcohol or drugs under Tennessee's handgun carry permit law, and how is that requirement enforced?
An 'unlawful user' means someone engaged in regular and repeated unlawful use during a period that reasonably covers the time the permit is sought. The applicant also must not have been in a rehabilit…
Does Tennessee's statute capping intellectual/developmental disability residential facilities at four people, and requiring spacing between facilities, violate equal protection or fair housing law?
Probably not facially, because the state can articulate a rational deinstitutionalization purpose. But the four-person cap and 500-yard spacing rule may be vulnerable to as-applied Fair Housing Amendm…
Can a Tennessee probate court appoint a guardian for an undocumented immigrant minor?
Yes, if the minor (or the minor's parents or custodial parent) has established domicile in a Tennessee county. Immigration status alone does not bar an undocumented person from becoming a Tennessee do…
Do Tennessee's residency rules for retail liquor licenses (two years of state residency, or ten years at any time) violate the dormant Commerce Clause?
Yes. The two-year and ten-year residency rules discriminate against out-of-state retailers and the legislature's stated interest in 'higher degree of oversight' for liquor sales does not justify the d…
Can a Tennessee industrial loan and thrift company roll the upfront 'acquisition charge' into the principal when calculating loan charges under § 45-5-403(b)?
No. The statute's definition of principal incorporates only the subsection (a) loan charges, not the alternative subsection (b) charges added in 2000. Treating the acquisition charge as part of princi…
Would a Tennessee bill letting HOAs sue to ban repeat criminal offenders from a neighborhood survive constitutional challenge?
The AG concluded the bill was defensible against a facial constitutional challenge. It would likely survive non-delegation, rational-basis equal-protection, procedural due process, and double-jeopardy…
Can the spouse of a Tennessee deputy sheriff legally write bail bonds in the same county?
Yes, but only if the spouses keep their finances strictly separate. If they commingle funds, share expenses, or jointly accumulate assets, the deputy sheriff is treated as receiving an indirect benefi…
In Tennessee, what farm buildings escape county zoning, does a family garden count as a farm, and what happens to the adequate-facilities tax when a county can't require a building permit?
A building 'incidental to the agricultural enterprise' (including residences for farmers and farm workers after the 2014 amendment) is exempt from county zoning. A 'farm' usually means at least 15 acr…
When a Tennessee state senate seat opens up after the primary but more than 45 days before the November general election, who picks the party nominee, and can a sitting House nominee jump to the open Senate race?
The party's county executive committee members representing the precincts in the Senate district nominate the candidate; the general election fills the seat. A House nominee can switch only by withdra…
Do juvenile-court clerks collect the $350 Tennessee expunction fee, can records be expunged by agreed order with no petition or fee, and can a judge waive the fee?
Juvenile-court clerks collect the $350 fee when the statute requires it. Records can only be expunged without a petition in two narrow scenarios (acquittal-at-trial and § 38-3-109 bond release), neith…
Can a Tennessee special school district lower its property tax rate below what the private act says, and can the legislature delegate rate-setting flexibility to the district?
No on both counts. A special school district has no authority to vary from the rate set in its private act, except for State Board of Equalization adjustments after a reappraisal under § 67-5-1704. An…
Can married parents in Tennessee give their child a 'mashed-up' surname combining parts of each parent's last name on the birth certificate?
No. The statute lets married parents use the father's surname, the mother's surname or maiden name, or those names combined (typically hyphenated), but does not permit a hybrid like 'Johnister' built …
If Congress lets federal highway authorization expire, does Tennessee still get its share of federal gas-tax money, and can the state intercept it directly?
Yes for projects already obligated before October 1, 2014, because the federal commitment is contractual. No to all the workarounds: there is no legal mechanism for Tennessee drivers to remit federal …
When a drug dealer's customer fatally overdoses in Tennessee, what mental state must the prosecution prove to convict for second-degree murder?
Intent, knowledge, or recklessness suffices, but in practice recklessness is the working standard. The 'conscious indifference' test from the 1984 Randolph decision no longer applies because malice is…
Does Tennessee's 'any willing pharmacy' law force TennCare and CoverKids to admit any licensed pharmacy to their networks?
TennCare was expressly exempt from the any-willing-pharmacy law, but CoverKids was not. The AG concluded that insurers can impose neutral contract terms but cannot use them to disqualify willing licen…
Could a Tennessee government record's sex designation be changed after sex-reassignment surgery, per the AG's 2014 reading?
No, according to the 2014 opinion. The AG read Tenn. Code Ann. § 68-3-203(d) (which barred changes to the sex designation on a birth certificate after sex-change surgery) to also block changes to poli…
Where do you appeal a Tennessee general sessions court's order of protection: the Court of Appeals or the local circuit/chancery court?
To the circuit or chancery court, not the Court of Appeals. The 2001 amendment to Tenn. Code Ann. § 36-3-601(3)(F) made this explicit: appeals from general sessions orders of protection go to the loca…
Can the Tennessee Commissioner of Education waive the rule requiring TCAP test scores to count as 15 to 25 percent of students' final grades?
Yes. The Commissioner has waiver authority under § 49-1-201(d)(1), and § 49-1-617's TCAP-in-final-grade rule is not 'federal and state student assessment and accountability' under the (d)(1)(J) waiver…
If Tennessee swept regulatory board fees into the general fund, would those fees become taxes that require new legislation?
No, not for relatively small transfers. The fees still serve a regulatory purpose. The General Assembly can sweep them into the general fund via § 4-3-1016's notwithstanding clause without re-characte…
Is the portion of Tennessee's $350 expungement filing fee that goes to the state general fund actually a tax?
No. Even though $145 of the $350 fee goes to the general fund, the statute earmarks it 'to implement this subsection.' Tennessee spent far more on criminal justice than the fee generates, so the gener…
Can a Tennessee city buy water from, or join, a water commission organized in another state?
Yes to both. Tennessee's Interlocal Cooperation Act authorizes a city to contract with another state's political subdivision for water services, and (assuming the other state allows it) to become a me…
Can Tennessee courts qualify jurors and assign jury-service dates online?
Yes. Title 22's summons statutes expressly allow an 'alternative' method by which jurors may respond, which covers an online portal for qualification and scheduling.
Is the fireworks-sales exception for small municipalities in Tennessee's largest counties limited to specific businesses or available to anyone in those cities?
Not limited. The exception in Tenn. Code Ann. § 68-104-112(a)(4) applies to any seller in a qualifying municipality (population 600-620 per the 1980 census, in counties over 335,000 per 2010 census, t…
Can Tennessee physical therapists perform trigger-point dry needling under their existing license?
No. Dry needling involves inserting filiform needles for therapeutic purposes, which the AG concluded was too close to acupuncture (a branch of medicine) to fit within Tennessee's physical-therapy sta…
Is it constitutional for Tennessee to require liquor-by-the-drink bars and restaurants to pay wholesalers on delivery while letting package stores keep their 10-day credit?
Yes. SB2415 imposed payment-on-delivery on liquor-by-the-drink licensees and wine-selling grocery stores while letting package stores continue using 10-day credit. Because alcohol is not a fundamental…
I just moved to Tennessee. How long can I keep using my old state's concealed-carry permit?
Six months. A new Tennessee resident with an out-of-state handgun permit may rely on it for six months after establishing Tennessee residency. After that, the resident must have a Tennessee handgun ca…
Are applications for the chancery court clerk and master position public records, and can the court seal them to keep them confidential?
Yes, applications are public records subject to inspection under Tenn. Code Ann. § 10-7-503(a). And no, a chancery court has no jurisdiction to seal them just because they are inconvenient; sealing re…
Are office lottery pools legal in Tennessee?
No, not the kind run by a third party that takes participants' separately purchased tickets and redistributes any winnings. That arrangement is gambling under Tenn. Code Ann. § 39-17-501 and does not …
Does Tennessee's Department of Children's Services have any say in which attorney prospective adoptive parents use when seeking federal adoption-assistance reimbursement?
No. The Fostering Connections Act and Tennessee's DCS rules do not give DCS any role in the adoptive parents' choice of attorney. Eligibility for reimbursement of legal fees turns on whether the child…
Can a Tennessee county head of department who is not in law enforcement give their employee a written OK to carry a handgun on the job?
No. The 'written directive' authority under § 39-17-1315(a) is reserved for law-enforcement agencies. A non-law-enforcement county supervisor cannot issue one. A handgun-permit holder may still carry …
Can a parent in a Tennessee custody case subpoena the other parent's therapy records and testimony from their psychologist or psychiatrist?
No, not by ordinary subpoena. Mental-health records are privileged under Tennessee law. A court can order in camera review for the comparative-fitness analysis in a custody case, and (if necessary for…
Can the Tennessee legislature abolish specific judgeships in one judicial district mid-cycle, even when nominating petitions for those very seats are already circulating?
Yes. Article VI, § 1 of the Tennessee Constitution lets the General Assembly create and abolish circuit and chancery courts, and Tennessee Supreme Court decisions going back to 1899 confirm the legisl…
Can a Tennessee teacher who gets elected to the school board keep teaching for the same school system?
No. Tenn. Code Ann. § 49-2-203(a)(1)(D) bars a local school board member from holding any salaried position under that board. A teacher elected to her own school board must resign her teaching job bef…
Are Tennessee's voluntary drug-free workplace drug-testing rules constitutional, and can Tennessee still test for marijuana even though other states have legalized it?
Yes. The drug-free workplace statutes are voluntary for employers, and they expressly limit testing to what state and federal constitutions permit. Whether they impose unfair penalties is a policy que…
Can Tennessee dentists give Botox and dermal-filler injections in the mouth and maxillofacial area without practicing medicine?
Yes. The 2003 amendments to Tennessee's Dental Practice Act broadened the definition of dentistry to cover diseases, disorders, and conditions of the oral cavity, maxillofacial area, and adjacent stru…
Can one person hold both the interim chief of police and the interim city administrator jobs in a Tennessee city at the same time?
Yes, as a matter of state law. Tennessee's constitutional ban on dual office holding applies only to state offices, and no general state statute prohibits the combination. But common-law incompatibili…
Can a Tennessee physician give spinal injections in an office or clinic that is not licensed as a health-care facility, without being board certified in pain management?
No. Tennessee restricts spinal injections in unlicensed settings (called 'interventional pain management') to physicians who meet one of five statutory requirements, most of which involve board certif…
Can Tennessee put cameras on school buses to ticket drivers who pass them while they are stopped?
Probably not in the form HB2196 proposed. The bill mailed citations to the registered owner and bundled them with driver-license points and $300 to $1,000 fines. That looks criminal rather than civil,…
Can the Tennessee legislature pass a bill that lets only one nursing home in one county relocate beds without going through the normal certificate-of-need rules?
Yes, but only if a rational basis supports treating that nursing home differently. As-written, HB2342 applied only to Davidson County and effectively only one 400-bed nursing home with 45 years of ope…
Can a Tennessee city charge customers outside its city limits twice what it charges customers inside?
Possibly. The 2x out-of-city rate is presumed valid by itself. To challenge it, a customer outside the city would have to carry the heavy burden of showing the rate is not just and equitable. Out-of-s…
Did the amended version of HB1687 fix the First Amendment problems that the AG flagged in the original anti-corporate-campaign bill?
Mostly. By dropping labor-specific language and applying the extortion offense to 'any entity,' the amended HB1687 was no longer a content-based speech restriction. But it remained at risk of federal …
Would Tennessee's proposed HB1687 changes to bribery, extortion, riot, and trespass laws survive constitutional challenge?
The Tennessee AG concluded that HB1687's extortion provision was vulnerable as a content-based speech restriction and could be preempted by federal law. A later official opinion says the bill's briber…
Can a Tennessee county tack a $1 surcharge onto every ticket sold at the county fairgrounds to fund a new exposition center?
No, not by ordinance. Such a surcharge is a tax, not a fee, and it conflicts with the state amusement-tax law. The General Assembly could authorize it by private act, but only if a rational basis exis…
Can a Tennessee city kick another city's natural gas utility out of its limits and become the sole gas provider?
Yes. A Tennessee city may choose to be the sole natural gas provider within its limits and, upon reasonable notice, exclude another city whose franchise has expired. The displaced city's in-lieu-of-ta…
Can Tennessee force private colleges to recognize religious student groups that limit their leaders to coreligionists?
Probably not as applied to private institutions. The AG concluded SB2294 was constitutionally suspect under the First Amendment because it would force private colleges to abandon all-comers policies a…
Can Tennessee litigants stipulate around the rule that a court reporter cannot be employed by a party or have a financial interest in the case?
Yes. The deposition stipulation under Tenn. R. Civ. P. 29 is not limited to scheduling. Parties may stipulate that a deposition be taken before any person, in any manner, and the stipulation can waive…
Does a Tennessee correspondence-school diploma satisfy the high-school diploma requirement for becoming a constable?
No. A correspondence-school diploma is not a high-school diploma for purposes of the constable qualifications in Tenn. Code Ann. § 8-10-102(a)(1)(C)(ii). The legislature has shown that when it wants t…
When Tennessee voters approve a private act expanding a county school board, do the new seats become vacancies the county commission can fill until the next election?
Yes. New school-board positions are vacancies the moment they are created, so the county legislative body may fill them by appointment until the next general election. The 2016 election for those seat…
Can a registered sex offender go to their own child's school football game in Tennessee?
No. Tenn. Code Ann. § 40-39-211(d) bars sex offenders from being on school premises or public athletic fields when children under 18 are present. The only relevant exception is for parents attending a…
Can a Tennessee municipality cancel its school-board election when only one person filed for each open seat?
No. Tenn. Code Ann. § 49-2-201(a)(1) requires that local boards of education be elected by the people, and a Tennessee Special Supreme Court recently confirmed that an uncontested race is still an ele…
Is Tennessee's proposed gang-injunction law constitutional, and can it bar suspected gang members from public spaces?
Mostly defensible, but with some pressure points. The AG concluded SB 1634 was facially constitutional, but flagged that due process may require an unnamed person to have a chance to contest gang memb…
Would a Tennessee bill limiting when insurers can change open-ended payment contracts with doctors violate the Contract Clause?
Not as drafted. The AG concluded that SB 2427, which would limit when third-party payers can make material changes to health care payment contracts, does not violate Article I, Section 20 of the Tenne…
Can a Tennessee electric cooperative offer broadband Internet to its members on its own, and could HB 2364 change that?
Not on its own. Tennessee electric cooperatives generally have no authority to provide Internet service. They can only do so through a cable joint venture with a current cable franchise holder, or thr…
Is Tennessee's law requiring toll-free calling within a county an unconstitutional taking of telephone-company property?
Mostly no. The AG concluded that Tenn. Code Ann. § 65-21-114, which requires toll-free intra-county calling, is constitutional in most applications. It is only an unconstitutional taking when applied …
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Attorney general opinions in Tennessee are written by the Tennessee Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.