ADAs told not to prosecute adults under 21 for having a gun without a permit
The Tennessee Attorney General’s Office will not prosecute individuals ages 18 through 20 carrying a handgun without a permit. (Greg Campbell/Special to The Daily Memphian)
Assistant district attorneys in the Shelby County District Attorney General’s Office have been instructed not to prosecute adults ages 18-20 for carrying a handgun without a permit.
“In Tennessee, those ages 18-20 can carry a handgun without a permit, and without fear of prosecution from the state attorney general’s office or citation by the Tennessee Highway Patrol,” reads an email to ADAs from Ernest Brooks II, associate deputy district attorney and senior policy adviser in the DA’s office.
Firearms Policy Coalition, a California-based gun rights organization, sued the State of Tennessee, saying it was unconstitutional not to give 18- to 20-year-old Tennesseans the same right to bear arms without a permit.
A federal judge in Knoxville approved a settlement between the California group and the Tennessee Attorney General’s Office March 27 that says Tennessee’s 2021 permitless carry law is unconstitutional because it discriminates against 18- to 20-year-olds.
The agreement ends an age-discrimination lawsuit against Tennessee’s 2021 permitless carry law.
The 2021 law allows people 21 and older to carry guns without permits. It includes an exception for 18- to 20-year-olds honorably discharged from the military. Permits are currently available, but not required, only for people 21 and older — with the same exception for young veterans.
As part of the settlement, the Tennessee Attorney General’s Office agreed individuals ages 18 through 20 carrying a handgun without a permit will not be prosecuted, according to the email.
Also per the agreement, the Tennessee Department of Safety and Homeland Security will not enforce the law against that age group based on age alone, and it will begin processing permit applications for that age group.
“In Tennessee, those ages 18-20 can carry a handgun without a permit, and without fear of prosecution from the state attorney general’s office or citation by the Tennessee Highway Patrol.”
Ernest Brooks II
Associate deputy district attorney and senior policy adviser in the Shelby County District Attorney General’s office]
The Tennessee Senate has delayed a vote until 2024 to lower the carry age from 21.
“However, for our purposes, our office will no longer be prosecuting people for unlawful possession of a weapon, if they are between ages 18-21,” Brooks’ email reads.
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shelby county district attorney general's office Gun laws permitless carryJulia Baker
A lifelong Memphian, Julia Baker graduated from the University of Memphis in 2021. Other publications and organizations she has written for include Chalkbeat, Memphis Flyer, Memphis Parent magazine and Memphis magazine.
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