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New Law allows Permit-less Carry of Firearm after Order of Protection

If you've been granted an Order of Protection against someone for domestic abuse, stalking, sexual assault, or other ground, a new law enables you to lawfully carry a firearm without having a handgun carry permit for a limited period of time. 

Carrying a Handgun - The Law Generally

Tennessee law requires an individual to obtain a Handgun Carry Permit to carry or possess a handgun in public. The Handgun Carry Permit covers carrying concealed or carrying open, and there is no differentiation between the two. The State shall issue a permit so long as you meet the qualifications.

Even with a carry permit, there are still certain areas that permit holders cannot take a firearm, such as the courthouse or inside a school. There are several exceptions, but generally speaking, without a permit you are able to possess a handgun only on your own property or inside your car. However, there is now another exception to this general rule. 

21-day Period of Lawful Carry for Order of Protection Petitioners

Public Chapter No. 468 was signed into law effective January 1, 2018 and allows any person who (1) petitions the court for an order of protection, and then (2) is granted an order of protection, the lawful ability to carry a handgun for twenty-one (21) days even if they do not have a carry permit. However, they must keep with them a copy of the order of protection. 

This essentially grants a 21-day period of temporary lawful permit-less carry. This allows the order of protection recipient the ability to immediately possess a handgun without waiting for the standard Handgun Carry Permit application to be approved. 

The order of protection recipient must be able to lawfully own or possess a handgun, must still follow all the laws related to carrying a handgun generally, and is under the same restrictions as Handgun Carry Permit holders. 

Questions? 

If you have any order of protection or firearm-related questions, call the attorneys at Saenz & Maniatis, PLLC at (615) 366-1211 to schedule a consultation today!

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