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1/22/2020 12:12:56 PM
Posted: 1/14/2015 2:50:43 PM EST
I was always under the impression that with our carry permit that we could carry loaded, open or concealed, and it applied to any legally owned firearm including handguns OR long rifles. Well a friend of mine insists that the law prohibits rifles unless they are unloaded, and his reasoning is that our permits specifically have the word "Handgun" on them. I have been unable to find anything in T.C.A. to support or deny his assertion, but I'm almost completely certain he is incorrect.

Anyone have a citation handy to prove/disprove this?
Link Posted: 1/14/2015 3:41:09 PM EST
I know a few years back they passed a law to let HCP holders keep an unloaded rifle in their vehicle. That law may have since changed to allow those rifles to be loaded, I forget. But if it took a specific law to let HCP holders keep a rifle in a car, I can't imagine that we would have been able to carry a rifle outside the vehicle.
Link Posted: 1/14/2015 3:44:21 PM EST
[Last Edit: 1/14/2015 3:46:30 PM EST by JPN]
The permit applies to handguns, only.

The rifle in a car, for permit holders, was deleted from state law, when they made it legal for non-permit holders to have a loaded rifle in the car.
Link Posted: 1/14/2015 4:46:21 PM EST
Cliff notes:
Handgun carry permit is for handguns only, concealed or open.
Anyone who can legally own firearms may now legally possess a legally owned, loaded firearm in their vehicle without a handgun carry permit.
Link Posted: 1/14/2015 11:53:35 PM EST
[Last Edit: 1/14/2015 11:58:16 PM EST by OhShoot]
It hasn't been legal to carry a loaded long gun on the person in general public in TN since somewhere around 1870, and it still isn't. And "loaded", means no ammunition in immediate vicinity of the firearm, which precludes having in somewhere else on your person, or even letting a companion carry it or whatever.

For citation, it's simply that:

(39-17-1307): "A person commits an offense who carries, with the intent to go armed, a firearm or a club." (a loaded firearm is intent to go armed as per case law)

and

(39-17-1308): "It is a defense to the application of § 39-17-1307 if the possession or carrying was:

By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351" (both statues sanction the carrying of a handgun only)

- OS
Link Posted: 1/15/2015 10:56:45 AM EST
So if someone is out hunting, for example, and is carrying a loaded rifle how are they not breaking the law?
Link Posted: 1/15/2015 11:11:18 AM EST
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Originally Posted By TheBigRuss:
So if someone is out hunting, for example, and is carrying a loaded rifle how are they not breaking the law?
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The key point is "carrying for the purpose of going armed".

If a person is hunting, they are carrying for the purpose of hunting.
Link Posted: 1/15/2015 12:35:01 PM EST
Be careful reading the new stories. They can confuse a person.

They are saying before the new law, a permit holder could carry loaded firearms in the car. It didnt specify rifle or handgun.
The new law allows anyone. The old law was confusing. A lot of instructors were teaching you could carry whatever in the car.
Mine said I could carry anything every where. (expect certain building and such) I could have up to 299 guns locked and loaded(I think is what he said) on my person at any time.
I tried to correct him, he would have none of it.

Now it really doesnt matter.


Link Posted: 1/15/2015 3:49:55 PM EST
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Originally Posted By TheBigRuss:
So if someone is out hunting, for example, and is carrying a loaded rifle how are they not breaking the law?
View Quote


Because there is another exception for that.

TN law starts with the premise that possessing a loaded firearm is unlawful, then gives an array of "exceptions" and "defenses" to that.

TCA weapons specifc laws at:

http://www.lexisnexis.com/hottopics/tncode/

39-17-1301 through 1364. (Site quit working with FireFox fairly recently, use IE or Chrome or something)

- OS
Link Posted: 1/15/2015 3:52:30 PM EST
[Last Edit: 1/15/2015 3:59:24 PM EST by OhShoot]
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Originally Posted By JPN:


The key point is "carrying for the purpose of going armed".

If a person is hunting, they are carrying for the purpose of hunting.
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Originally Posted By JPN:
Originally Posted By TheBigRuss:
So if someone is out hunting, for example, and is carrying a loaded rifle how are they not breaking the law?


The key point is "carrying for the purpose of going armed".

If a person is hunting, they are carrying for the purpose of hunting.


Nope. Possessing a loaded firearm is "going armed" period. No intent required. You are guilty of illegal firearm possession carrying a loaded rifle on your person in general public regardless of your intentions. Unlike many states, TN law starts with the premise that possessing a loaded firearm is unlawful, period.

There is a specific exception for lawful hunting, just as there is for various other behaviors, whether being on your own property, in a private vehicle, having a carry permit, sport shooting, etc, etc.


- OS
Link Posted: 1/15/2015 5:38:05 PM EST
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Originally Posted By htusa:
....

They are saying before the new law, a permit holder could carry loaded firearms in the car. It didnt specify rifle or handgun.

View Quote


Well, it did specify difference in condition a rifle or shotgun had to be carried in vehicle as opposed to handgun. Also, wording didn't allow "firearms", so my 26" AR pistol with VFG wasn't technically legit as per the exact wording of the statute.

But as you say, all non sequitur now.

- OS
Link Posted: 1/15/2015 9:10:20 PM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By OhShoot:


Nope. Possessing a loaded firearm is "going armed" period. No intent required. You are guilty of illegal firearm possession carrying a loaded rifle on your person in general public regardless of your intentions. Unlike many states, TN law starts with the premise that possessing a loaded firearm is unlawful, period.

There is a specific exception for lawful hunting, just as there is for various other behaviors, whether being on your own property, in a private vehicle, having a carry permit, sport shooting, etc, etc.


- OS
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By OhShoot:
Originally Posted By JPN:
Originally Posted By TheBigRuss:
So if someone is out hunting, for example, and is carrying a loaded rifle how are they not breaking the law?


The key point is "carrying for the purpose of going armed".

If a person is hunting, they are carrying for the purpose of hunting.


Nope. Possessing a loaded firearm is "going armed" period. No intent required. You are guilty of illegal firearm possession carrying a loaded rifle on your person in general public regardless of your intentions. Unlike many states, TN law starts with the premise that possessing a loaded firearm is unlawful, period.

There is a specific exception for lawful hunting, just as there is for various other behaviors, whether being on your own property, in a private vehicle, having a carry permit, sport shooting, etc, etc.


- OS


Yep. Fucked up that a constitution right is considered illegal.
Link Posted: 1/15/2015 11:57:01 PM EST
[Last Edit: 1/15/2015 11:59:13 PM EST by OhShoot]
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Originally Posted By gotigers:


Yep. Fucked up that a constitution right is considered illegal.
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Originally Posted By gotigers:
Originally Posted By OhShoot:
Originally Posted By JPN:
Originally Posted By TheBigRuss:
So if someone is out hunting, for example, and is carrying a loaded rifle how are they not breaking the law?


The key point is "carrying for the purpose of going armed".

If a person is hunting, they are carrying for the purpose of hunting.


Nope. Possessing a loaded firearm is "going armed" period. No intent required. You are guilty of illegal firearm possession carrying a loaded rifle on your person in general public regardless of your intentions. Unlike many states, TN law starts with the premise that possessing a loaded firearm is unlawful, period.

There is a specific exception for lawful hunting, just as there is for various other behaviors, whether being on your own property, in a private vehicle, having a carry permit, sport shooting, etc, etc.


- OS


Yep. Fucked up that a constitution right is considered illegal.


Well, the TN Constitution says that "...the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime." And unlike the "keep" part, the "bear" part of 2A has never been incorporated to the citizens.

But possessing them in your personal property (ie car) was clearly unconstitutional as per the state one.

And of course, the State has never had to prove that prohibitions on carry (such as the HCP itself) does indeed prevent crime. Which of course it doesn't since criminals don't obey the law by definition, and it actually increases the number of criminals, as it makes you one if you don't pay for the privilege.

- OS




Link Posted: 1/16/2015 7:50:02 AM EST
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By OhShoot:


Nope. Possessing a loaded firearm is "going armed" period. No intent required. You are guilty of illegal firearm possession carrying a loaded rifle on your person in general public regardless of your intentions. Unlike many states, TN law starts with the premise that possessing a loaded firearm is unlawful, period.

There is a specific exception for lawful hunting, just as there is for various other behaviors, whether being on your own property, in a private vehicle, having a carry permit, sport shooting, etc, etc.


- OS
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By OhShoot:
Originally Posted By JPN:
Originally Posted By TheBigRuss:
So if someone is out hunting, for example, and is carrying a loaded rifle how are they not breaking the law?


The key point is "carrying for the purpose of going armed".

If a person is hunting, they are carrying for the purpose of hunting.


Nope. Possessing a loaded firearm is "going armed" period. No intent required. You are guilty of illegal firearm possession carrying a loaded rifle on your person in general public regardless of your intentions. Unlike many states, TN law starts with the premise that possessing a loaded firearm is unlawful, period.

There is a specific exception for lawful hunting, just as there is for various other behaviors, whether being on your own property, in a private vehicle, having a carry permit, sport shooting, etc, etc.


- OS


I should have worded that better. Carrying for the purpose of "going armed" is illegal in TN. If you are carrying a loaded firearm, the assumption is that you are doing it for the purpose of "going armed", unless you meet one of the exceptions to that assumption, such as hunting.
Link Posted: 1/20/2015 11:34:22 AM EST
So, can I carry a loaded rifle in my car or not?

Link Posted: 1/20/2015 7:12:44 PM EST
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Originally Posted By FlashHole:
So, can I carry a loaded rifle in my car or not?

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They changed the law, last summer.

If you can legally own a firearm, you can have a loaded firearm (rifle, shotgun, handgun, etc) in your car. No permit required.

If you want to carry a gun, you will need a valid carry permit and it will only allow you to carry handguns.
Link Posted: 1/20/2015 11:10:57 PM EST
[Last Edit: 1/20/2015 11:14:51 PM EST by OhShoot]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By FlashHole:
So, can I carry a loaded rifle in my car or not?

View Quote


Yes in general, as per JPN's post, although only having a carry permit allows that in vehicle in posted or school parking areas.

- OS
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