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Posted: 2/19/2017 8:50:19 PM EDT
When has it been illegal to carry a loaded gun on a boat?

Can you cite a specific law?
Link Posted: 2/19/2017 9:28:34 PM EDT
[#1]
In order to be helpful, knowing the specific location or body of water is necessary.
Link Posted: 2/19/2017 9:50:38 PM EDT
[#2]
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Quoted:
In order to be helpful, knowing the specific location or body of water is necessary.
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There is no specific exception to 39-17-1307 (unlawful possession/carry) just because you are on a boat. Unless the boat is in your yard.

- OS
Link Posted: 2/19/2017 10:20:48 PM EDT
[#3]
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Quoted:


There is no specific exception to 39-17-1307 (unlawful possession/carry) just because you are on a boat. Unless the boat is in your yard.

- OS
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OP has still not answered the question posed. Although he posted in HTF, he did not specify that it was a state affiliated agency in the original post.

ETA

If the OP was cited, then his copy of the citation answers his own question.
Link Posted: 2/19/2017 10:40:04 PM EDT
[#4]
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Quoted:


OP has still not answered the question posed. Although he posted in HTF, he did not specify that it was a state affiliated agency in the original post.

ETA

If the OP was cited, then his copy of the citation answers his own question.
View Quote


Yeah, I know we don't know what we don't know.  Just kicking in that a boat doesn't really change anything per se.

Without a carry permit, it wouldn't necessarily be any more lawful to carry on a boat anywhere in TN than anywhere else in public. There's no "castle doctrine" extension as there is for your motor vehicle, which under the statute, a boat isn't, even a powerboat. The hunting, camping, and fishing etc exception has been often stated to really only pertain to lawful hunting as far as firearms goes (and the others to the previous knife length limitation, which didn't get excised after the change with that)  though I can't cite any pertinent case law.

Navigable waters are generally treated same as any other public lands. Except for first dibs by TWRA on certain areas of state enforcement, further jurisdiction is by the county (and possibly city) in which the water resides, although shoreline jurisdiction can be via TVA on applicable waters.  The big gray area has to do with Corps of Engineers purview like on LBTL, though I've never heard of a case where they tried to stick anyone on a federal charge.

- OS
Link Posted: 2/20/2017 9:33:09 AM EDT
[#5]
W(hy)TF is a boat any different than a car? TN laws are schizoprhenic. Haven't they ever seen Deliverance? Seriously tho, why would a boat be any different?
Link Posted: 2/20/2017 3:44:08 PM EDT
[#6]
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Quoted:
W(hy)TF is a boat any different than a car? TN laws are schizoprhenic. Haven't they ever seen Deliverance? Seriously tho, why would a boat be any different?
View Quote


How novel, questioning the "logic" of TN weapons laws!  

- OS
Link Posted: 2/20/2017 4:51:41 PM EDT
[#7]
Would the castle doctrine not apply if you lived on the boat, even part time?
Link Posted: 2/20/2017 5:37:46 PM EDT
[#8]
Link Posted: 2/20/2017 9:55:46 PM EDT
[#9]
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Quoted:
Would the castle doctrine not apply if you lived on the boat, even part time?
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Often opined to be true, but know of no case law to support it. Same said of motels/hotels, and even camping.

- OS
Link Posted: 2/20/2017 10:04:15 PM EDT
[#10]
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Quoted:
Does whatever our castle doctrine code state "automobile"? I would think a boat would constitute a "vehicle" and qualify
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"Vehicle" is defined in "castle doctrine" section 39-11-611, and "motor vehicle" is defined in the "going armed" exception in 39-17-1307.

Boats don't make the cut in either.

- OS
Link Posted: 2/21/2017 12:10:09 AM EDT
[#11]
I assumed someone else had also seen this:

huh

I apologize.

Pertinent snippet-

Gun rights

Several pieces of legislation will come before lawmakers this week that aim to relax restrictions on gun ownership, and would allow handgun carry permit holders to carry just about anywhere in the state.

Sponsored by Republicans, the measures would, if passed into law, allow handgun carry permit holders to have their gun anywhere in the state, on a boat if it is not loaded and in a school if the principal is informed
View Quote


It was news to me. I haven't even looked at the legislature site to see if it's even there or not. Figured y'all would already have this hashed out. (shrugs)


Another note from the same site:

They say these will be tabled Wednesday around 1:30P and gave this link - http://wapp.capitol.tn.gov/apps/videocalendars/VideoCalendarOrders.aspx?CalendarID=180&GA=110
Link Posted: 2/21/2017 1:42:58 AM EDT
[#12]
Ok, so the item at issue us HB 0688

HB 0688

This bill is attempting to modify Tennessee  Code  Annotated,  Section  39-17-1307(e) which says rifles and shotguns can only be loaded in self defense in a vehicle or boat.

This is a good bill and a smart fix for the law and much cleaner wording than existing law.
Link Posted: 2/21/2017 1:13:40 PM EDT
[#13]
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Quoted:
Ok, so the item at issue us HB 0688

HB 0688

This bill is attempting to modify Tennessee  Code  Annotated,  Section  39-17-1307(e) which says rifles and shotguns can only be loaded in self defense in a vehicle or boat.

This is a good bill and a smart fix for the law and much cleaner wording than existing law.
View Quote


Only a "motorized boat". Why discriminate against those in rowboats, canoes, kayaks, etc?

- OS
Link Posted: 2/21/2017 1:46:20 PM EDT
[#14]


Anyone have something like this to test the legal waters?
Link Posted: 2/21/2017 3:21:34 PM EDT
[#15]
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Quoted:


Only a "motorized boat". Why discriminate against those in rowboats, canoes, kayaks, etc?

- OS
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That's an extremely good question. You should put that the the House and Senate sponsors.  Sounds like an amendment in the makings to me.
Link Posted: 3/8/2017 10:20:53 AM EDT
[#16]
Anything come of this?
Link Posted: 3/8/2017 8:37:50 PM EDT
[#17]
What about 'house' boats?  Either on the open water or at a berth at some marina.  That should be interesting to find out.
Link Posted: 3/17/2017 8:45:15 AM EDT
[#18]
I emailed a link of this thread to my state representative and several other state reps. You're welcome!
http://wkrn.com/2017/03/17/tennessee-house-oks-bill-allowing-loaded-guns-in-boats/
Link Posted: 3/17/2017 3:46:27 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I emailed a link of this thread to my state representative and several other state reps. You're welcome!
http://wkrn.com/2017/03/17/tennessee-house-oks-bill-allowing-loaded-guns-in-boats/
View Quote
Thanks that's a good start.  Now if the Senate will show their support and the Governor remembers who put him in office and signs it we will take it as a good sign.

Thank you for doing it and bringing it to their attention.
Link Posted: 4/12/2017 6:54:45 PM EDT
[#20]
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Quoted:
Anything come of this?
View Quote
Yep, passed, waiting on His Nibs to sign it:

Also, removed "motorized boat", changed to just "boat"

Wording  in 39-17-1307 will be:

"(1) It is an exception to the application of subsection (a) [illegal possession/carrying] that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or

boat if the person:

(A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and

(B) Is in lawful possession of the motor vehicle or boat.

(2)

(A) As used in this subsection (e):

(i) "Boat" means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water;

(ii) "Motor vehicle" has the same meaning as defined in § 55-1-103.

(B) This subsection (e) shall not apply to a motor vehicle or boat that is:

(i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and

(ii) Provided by such entity to an employee for use during the course of employment."

- OS
Link Posted: 4/12/2017 6:56:04 PM EDT
[#21]
Thank you for keeping up with this!
Link Posted: 4/12/2017 8:38:59 PM EDT
[#22]
That is probably the only pro gun law change we will get this year.  It does not look like much else has a change of making it.
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