39-17-1315  Written directive and permit to carry handguns.

   (a)(1) Any law enforcement officer, police officer, bonded and sworn deputy
 sheriff, director, commissioner or retired law enforcement officer who is
 bonded and who, at the time of receiving the written directive, has
 successfully completed and continues to successfully complete on an annual
 basis a firearm training program of at least eight (8) hours duration, full
 time employee of the Tennessee emergency management agency in the performance
 of the employee's duty, or other officers or persons authorized to carry
 handguns by this, or any other law of this state, may carry such handguns at
 all times pursuant to a written directive by the executive supervisor of the
 organization to which the person is or was attached or employed, regardless of
 the person's regular duty hours or assignments; however, a copy of the written
 directive shall be retained as a portion of the records of the particular law
 enforcement agency which shall issue the directive.  Nothing herein shall
 prevent federal officers from carrying firearms as prescribed by federal law.
   (2) 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 such constables retain
 law enforcement powers and duties under the provisions of ss 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 such constables to carry a handgun provided each such constable has
 completed the same eight-hour annual firearm training program as is required by
 this subsection.
   (3) The county commission may, by a two-thirds (2/3) vote, require any such
 constable to have in effect a liability policy or a corporate surety bond in an
 amount of not less than fifty thousand dollars ($50,000).
   (b)(1)(A) In addition to the above individuals authorized to carry handguns
   by this or any other law of this state, a person wishing to carry a handgun
   shall apply to the sheriff of the county of such person's principal place of
   residence for a handgun permit. The sheriff shall issue such a permit and a
   written directive to persons not prohibited from purchasing firearms
   authorizing the person to carry a handgun; provided, that the person meets
   all the requirements of this section. The sheriff may, for good cause and in
   the reasonable exercise of discretion, deny a permit.  Any party aggrieved
   under the terms of this subdivision, for either denial or revocation, may
   file a writ of mandamus, as provided by law.  A copy of the written directive
   shall be retained as a portion of the records of the particular sheriff who
   shall issue the directive. The permit holder shall have the permit in the
   holder's immediate possession at all times when carrying a handgun and shall
   display the permit on demand of a law enforcement officer. The holder of any
   permit shall, within thirty (30) days, notify the sheriff in writing of the
   permitee's principal place of residence and of any change in the address of
   the principal place of residence of the permit holder.
    (B) Upon applying for a handgun permit pursuant to this section, the
   applicant shall disclose to the sheriff whether the applicant has:
    (i) Ever been addicted to alcohol or drugs;
    (ii) Ever been hospitalized or treated for alcohol or drug addiction;
    (iii) Ever been adjudicated by a court as being mentally ill;
    (iv) Ever been hospitalized for mental illness; or
    (v) A physical infirmity that would prevent the safe operation of a handgun.
    (C) If the sheriff determines, in the sheriff's sole discretion,  that the
   applicant has not fully and accurately disclosed the information required by
   subdivision (b)(1)(B) or that the applicant has, in the sheriff's opinion, a
   history of instability or that the applicant, because of mental illness,
   alcohol or drug problems or physical infirmity, poses a likelihood of risk to
   the public, such sheriff shall deny the permit application.  A sheriff may
   revoke a permit if it comes to the sheriff's attention that the permit holder
   no longer meets the requirements for initially obtaining such permit or that
   the permit holder has been hospitalized because of mental illness or alcohol
   or drug problems.
    (D) It is a Class A misdemeanor for an applicant to knowingly provide false
   information of a material nature to the sheriff either on the application or
   in any other disclosure required to be made to the sheriff.
   (2) Prior to the issuance of the written directive and handgun permit, the
 sheriff shall conduct a background investigation of the person, which may
 include both a state and federal fingerprint history check, and shall issue the
 directive and permit only if satisfied with the results of the investigation,
 and may charge a reasonable fee for the investigation and other costs incurred
 under these provisions.  The sheriff shall also require prior to the issuance
 of the directive and handgun permit, that the person successfully complete a
 suitable training period in the use of firearms in a state certified training
 program or equivalent training program approved by the department of safety,
 which training shall include performance tests on a firing range, indicating
 the person to be qualified in the use of firearms; and the directive shall
 indicate that the person is properly qualified in the use of firearms and is
 knowledgeable as to safety precautions.  Further, prior to issuing the
 directive and permit, the sheriff shall require the person to have in effect a
 liability policy in the amount of not less than fifty thousand dollars
 ($50,000) evidenced by a certificate of insurance made to the issuing sheriff.
 The insurance required must be for the specific purpose of carrying a firearm
 and must so state on the face of the policy.  This requirement does not
 preclude insurance which by its nature provides coverage for this purpose as
 well as other general liability provisions.  In lieu of liability insurance,
 the person may make a corporate surety bond in the amount of not less than
 fifty thousand dollars ($50,000) for the above purpose, a copy of which must be
 provided to the sheriff by the bonding company. Regardless of whether the
 person uses a liability policy or a corporate surety bond, such person must
 submit to the sheriff proof of renewal of such policy or bond by the date the
 policy or bond will expire or lapse. For a liability policy or corporate surety
 bond to comply with the requirements of this section, such policy or bond must
 be specifically conditioned that such insurance company or corporate surety
 will pay any damages, up to the policy or bond limits, that may be adjudged
 against the permit holder as compensation for death or injury to the person or
 property of another that is proximately caused by the permit holder's negligent
 use of a handgun.  The sheriff shall charge to the person to whom the directive
 and permit is issued a fee in such amount as will pay the expenses involved in
 the training of the person in the use of firearms, if the training is conducted
 by or at the expense of the county.  The sheriff may allow the training to be
 conducted by others, with the results being certified in writing to the
 satisfaction of the sheriff.  The provisions herein relative to investigation
 and training and insurance/bond may be waived by the sheriff in those cases
 where the person is already authorized to carry firearms by the federal
 government or by the state government or a political subdivision of the state.
   (3) The sheriff issuing the written directive authorizing a person to carry a
 handgun under this section may further require compliance with rules and
 regulations set by the sheriff regarding uniforms to be worn by the party
 carrying the handgun as a prerequisite to issuing the written directive and
 permit, and may revoke the written directive and permit at such time as the
 sheriff finds that any of the rules and regulations under this section have
 been violated, or for any other reason in the judgment of the sheriff which
 indicates the person's disqualification to carry a handgun, or to continue in
 the deputy's capacity as a deputy sheriff.  In any event, the directive and
 permit issued shall expire two (2) years from the date of issue subject to
 reissue upon compliance of all prerequisites. In any county having a
 metropolitan form of government, the chief of police is the chief law enforcing
 officer and has the authority to issue permits to carry a handgun.
 Notwithstanding this provision, the sheriff of a metropolitan county shall
 issue a permit to carry a handgun only to paid employees of the sheriff's
 department who are charged with certain responsibilities and to no other
 persons.
   (c) Substantial compliance with the requirements of this section shall
 provide the issuing sheriff with immunity from civil liability in an action
 alleging liability for issuance of the directive or permit.
   (d) A violation of this section is a Class C misdemeanor.
   (e) The Tennessee sheriffs association is directed to promulgate a
 standardized form to be utilized under this section.
   (f) A handgun permit issued pursuant to this section shall be valid in every
 county of the state.
   (g)(1) An individual, corporation or business entity is authorized to
 prohibit the possession of weapons by employees otherwise authorized by this
 subsection on premises owned, operated or managed by such individual,
 corporation or business entity. Notice of such prohibition thereunder shall be
 posted or otherwise noticed to all affected employees.
   (2) An individual, corporation, business entity or government entity or agent
 thereof is authorized to prohibit possession of weapons by any person otherwise
 authorized by this subsection, at meetings conducted by, or on premises owned,
 operated, managed or under control of such individual, corporation, business
 entity or government entity.  Notice of such prohibition shall be posted or
 announced.
 [Acts 1989, ch. 591, s 1; 1990, ch. 1029, s 10; 1993, ch. 471, ss 2, 4; 1994,
 ch. 943, ss 2-9, 11-13; 1995, ch. 434, s 1.]