Can a Tennessee constable carry a firearm anywhere in the state?

Subject

Opinion No. 13-110, Constables Carrying Firearms, December 27, 2013

Plain-English summary

District Attorney General James Dunn asked whether constables may carry firearms anywhere in Tennessee. The AG broke the analysis into three pathways and answered each.

1. As "law enforcement officers" under § 39-17-1350: No. § 39-17-1350(a) lets "any law enforcement officer" carry firearms "at all times and in all places within Tennessee, on-duty or off-duty," but § 39-17-1350(d)(1) defines "law enforcement officer" as a "full-time employee of the state in a position authorized by the laws of this state to carry a firearm and to make arrests," a "full-time police officer" certified by the POST Commission, or a "commissioned reserve duty sheriff" authorized in writing by the chief of police. § 39-17-1350(d)(2) adds certain Department of Correction employees and correctional officers. A constable doesn't fit any of those categories. So § 39-17-1350 doesn't authorize constables to carry firearms.

2. As a regular Tennessee citizen with a handgun-carry permit under § 39-17-1351: Yes. Constables, like any qualifying Tennessee citizen, can apply to the Department of Safety for a handgun-carry permit. § 39-17-1351(n)(1) lets a permit holder carry any handgun the holder legally owns or possesses. A constable holding a permit can carry a handgun anywhere in the state on the same terms as any other permit holder. Tenn. Att'y Gen. Op. 99-038 (Feb. 24, 1999) confirmed this.

3. Under the narrow constable-specific carve-out in § 39-17-1315(a)(2): Yes, but only in certain counties. This subsection applies only to "[a]ny 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 the provisions of §§ 8-10-108, 40-6-210, 55-8-152, 57-5-202 and 57-9-101." Those qualifying constables may carry handguns "at all times" and may equip their vehicles with blue and red lights and sirens. The sheriff of the county issues a written directive or permit, contingent on the constable completing an eight-hour annual firearm training program.

The "at all times" language is likely read to permit carrying outside the constable's territorial county jurisdiction. Anderson v. State, 545 S.W.2d 951, 952 (Tenn. Crim. App. 1976) (police-officer firearm-carry protection not geographically limited).

Firearm training. § 8-10-203 requires constables to be range-qualified before carrying. Tenn. Att'y Gen. Op. 93-62 (Oct. 20, 1993) confirms the Tennessee Constables Association or local law-enforcement authority can sponsor the qualification. The general subsection (a)(1) of § 39-17-1315, which permits a law-enforcement agency to issue a written directive, doesn't apply to constables generally because constables are not part of a law-enforcement agency. Tenn. Att'y Gen. Op. 92-18 (Feb. 28, 1992).

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Tennessee's firearm-carry laws have been amended several times since 2013, including the 2014 enactment of "constitutional carry" or "permitless carry" framework changes in 2021. The specific population brackets in § 39-17-1315(a)(2) may have been amended or expanded. Both the LEO definition in § 39-17-1350 and the permit framework in § 39-17-1351 have moved. Verify current statute before relying on this analysis.

Background and statutory framework

Constables in Tennessee. Constables are elected (or in some places appointed) county officials with limited law-enforcement-style functions. Their authority varies dramatically by county because the General Assembly has progressively limited constable powers in many counties through population-band statutes. Tenn. Code Ann. §§ 8-10-101 to -206 govern constables generally; specific sections (8-10-108, 40-6-210, 55-8-152, 57-5-202, 57-9-101) preserve certain law-enforcement powers (arrests, traffic stops, beer/alcohol violations) in some counties.

§ 39-17-1307 baseline criminal offense. Carrying a firearm with intent to go armed is a criminal offense, subject to defenses and exceptions in §§ 39-17-1307, -1308, -1350, -1351, and others.

§ 39-17-1350 LEO carry. "Law enforcement officer" status confers broad anywhere/anytime carry authority. But the definition is statutory and narrow, and a constable doesn't qualify as a "full-time state employee," "POST-certified full-time police officer," or "commissioned reserve duty sheriff." Constables fall outside.

§ 39-17-1315(a)(2) constable carve-out. Population-bracket statute (11,100-11,200 per 1970 census or subsequent census). The bracket targets specific small counties where constables historically performed substantial law-enforcement functions, with subsequent census updates. Combined with retention of law-enforcement powers under the listed sections, qualifying constables can carry "at all times" with sheriff directive plus training.

§ 39-17-1351 general handgun-carry permit. The same framework that applies to all Tennessee citizens. Constables don't have any additional barrier to obtaining a permit beyond what other applicants face.

§ 8-10-203 constable firearm training. All constables authorized to carry must be range-qualified, regardless of whether they carry under § 39-17-1315(a)(2) or under a § 39-17-1351 permit.

Common questions

What's the practical effect for a constable in a non-bracketed county?

Such a constable can carry a handgun only under a regular Tennessee handgun-carry permit, just like any other private citizen. The constable's official role doesn't add carry authority beyond what a permit provides.

What's the practical effect for a constable in a bracketed county?

That constable can carry a handgun under the sheriff's directive plus training, with broader scope than a regular permit (the "at all times" language likely covering off-duty and outside the home county). The bracket counties are small; identifying which counties currently fall within the 11,100-11,200 population range requires looking at current census data.

Can a constable use the directive to carry long guns (rifles, shotguns)?

The § 39-17-1315(a)(2) carve-out specifies "handguns." Carrying long guns falls under other rules.

Can a constable carry while serving civil process?

Service of process is one of the constable's traditional functions. Whether carrying is authorized while doing it depends on which of the three pathways above the constable is on. A regular handgun-carry permit covers it.

Does the sheriff's directive expire?

The opinion doesn't address durational limits. Practically, directives may be tied to the constable's elected term and renewed firearm training.

Citations

Tenn. Code Ann. §§ 8-10-101 to -206 (constables generally); §§ 8-10-108, 8-10-203; §§ 39-17-1307, 39-17-1308, 39-17-1315, 39-17-1315(a)(1), (a)(2), 39-17-1350, 39-17-1350(a), 39-17-1350(d)(1), (d)(2), 39-17-1351, 39-17-1351(a)(2), 39-17-1351(n)(1), 40-6-210, 55-8-152, 57-5-202, 57-9-101. Case: Anderson v. State, 545 S.W.2d 951 (Tenn. Crim. App. 1976). Prior AG opinions: Op. 92-18 (Feb. 28, 1992); Op. 93-62 (Oct. 20, 1993); Op. 99-025 (Feb. 16, 1999); Op. 99-038 (Feb. 24, 1999); Op. 03-092 (July 28, 2003).

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2013/op13-110.pdf

Original opinion text

December 27, 2013

Opinion No. 13-110

Constables Carrying Firearms

QUESTION

May constables carry firearms anywhere in the State of Tennessee?

OPINION

Constables may only carry firearms as permitted by the law of Tennessee. Constables, like other citizens, may carry a handgun anywhere in the state upon obtaining a handgun-carry permit from the Tennessee Department of Safety pursuant to Tenn. Code Ann. § 39-17-1351. Additionally, constables from counties having the populations described in Tenn. Code Ann. § 39-17-1351(a)(2) may carry a handgun anywhere in the state upon written directive issued by the sheriff.

ANALYSIS

Tennessee law generally provides that a person commits a criminal offense who carries a firearm with the intent to go armed. Tenn. Code Ann. § 39-17-1307. There are numerous exceptions that constitute defenses to this criminal statute and authorize a person to carry a firearm. See, e.g., Tenn. Code Ann. §§ 39-17-1307, -1308, -1350 and -1351. A constable elected or appointed pursuant to Tenn. Code Ann. §§ 8-10-101 to -206 may lawfully carry a firearm anywhere in Tennessee as permitted by these statutes.

A constable is not considered a law-enforcement officer authorized to carry a firearm under Tenn. Code Ann. § 39-17-1350. This statute permits, except as otherwise provided, "any law enforcement officer" to "carry firearms at all times and in all places within Tennessee, on-duty or off-duty, regardless of the officer's regular duty hours or assignments." Tenn. Code Ann. § 39-17-1350(a). For purposes of Tenn. Code Ann. § 39-17-1350, "law enforcement officer" means "a person who is a full-time employee of the state in a position authorized by the laws of this state to carry a firearm and to make arrests for violations of some or all of the laws of this state, or a full-time police officer who has been certified by the peace officer standards and training commission, or a commissioned reserve duty sheriff as authorized in writing by the chief of police." Tenn. Code Ann. § 39-17-1350(d)(1), or certain department of correction employees or correctional officers, Tenn. Code Ann. § 39-17-1350(d)(2). Because a constable is not a "full-time employee of the state," a "full-time police officer," a "commissioned reserve deputy sheriff," a "commissioned reserve or auxiliary police officer," or one of the specified department of correction employees or correctional officers under Tenn. Code Ann. § 39-17-1350(d)(2), a constable is not a "law enforcement officer" within the meaning of Tenn. Code Ann. § 39-17-1350.

Certain persons also are authorized to carry handguns pursuant to a written directive. Tenn. Code Ann. § 39-17-1315. A written directive to carry a handgun may be issued by a law-enforcement agency to which an officer is attached. Tenn. Code Ann. § 39-17-1315(a)(1). This Office has previously opined that, because constables are not part of a law-enforcement agency, this subsection does not apply to them. Tenn. Att'y Gen. Op. 92-18 at 6 (Feb. 28, 1992). Subsection (a)(2) however contains a narrow, constable-specific exception, stating:

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 the provisions of §§ 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).

Tenn. Code Ann. § 39-17-1315(a)(2). Thus, constables from counties falling within the population band described in this subsection may carry a handgun "at all times" if they obtain a written directive from the sheriff and meet statutory firearm-training requirements. A court is likely to interpret the "at all times" phraseology to allow these constables to carry a handgun outside their territorial (county-wide) jurisdictions. See Anderson v. State, 545 S.W.2d 951, 952 (Tenn. Crim. App 1976) ("Nothing in the statute suggests that the protection afforded policemen [from liability for carrying dangerous weapons] is limited by geography. The statute must be construed in favor of the appellant.").

Regarding firearm training, "[c]onstables must be range-qualified prior to being authorized to carry a firearm." Tenn. Code Ann. § 8-10-203. This statute regarding firearm training does not modify any of the requirements of Tenn. Code Ann. § 39-17-1315 as they apply to constables, much of which have since been replaced by the handgun-permitting process of Tenn. Code Ann. § 39-17-1351, but rather restates the requirement that constables be qualified on the firing range and allows the Tennessee Constables Association or the local law-enforcement authority to sponsor the qualification. Tenn. Att'y Gen. Op. 93-62 (Oct. 20, 1993); cf. Tenn. Att'y Gen. Op. 03-092 at 3 (July 28, 2003) ("Constables with law enforcement authority are authorized, therefore, to carry a firearm provided they satisfy other statutory requirements.").

Tennessee's general handgun-carry permit requirements are codified at Tenn. Code Ann. § 39-17-1351. A permit holder is entitled "to carry any handgun or handguns that the permit holder legally owns or possesses." Id. § 39-17-1351(n)(1). A constable, like other citizens, may obtain a permit (provided that he or she meets the requirements of the permitting statute) and lawfully carry a handgun within Tennessee. See Tenn. Att'y Gen. Op. 99-038 (Feb. 24, 1999) ("As an individual, a constable, like other citizens, may obtain a handgun carry permit from the Department of Safety under Tenn. Code Ann. § 39-17-1351.").

ROBERT E. COOPER, JR.
Attorney General and Reporter

GORDON W. SMITH
Associate Solicitor General

JAMES E. GAYLORD
Assistant Attorney General

Requested by:

The Honorable James B. Dunn
District Attorney General
Fourth Judicial District
Sevier County Courthouse
125 Court Avenue, Suite 301E
Sevierville, TN 37862