AG Opinions

TENNESSEE LAW ATTORNEY GENERAL OPINIONS

Under Tennessee law, the Attorney General is the “state’s” attorney.  In that capacity, state agencies, legislators, and local officials have the opportunity to submit questions to “their attorney” for an official opinion regarding the state of the law.

These opinions are not binding on the courts when issues come forward but these opinions do impact how governmental officers, departments and administrators conduct their affairs.

Here are some of the important opinions which may be relevant to your particular issues:

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)