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300winmag

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Everything posted by 300winmag

  1. I could see this attached to some type of other legislation, like taxes, since NFA is a tax. You also wouldn't need 60 votes in the Senate because it can be attached to a budgetary bill. I honestly would see silencers less regulated before I would see nationwide reciprocity. It's my understanding you'd need 60 votes in the Senate for anything related to the Gun Control Act. LEOSA is a part of the federal GCA and needed 60 in the Senate. I just don't see enough democrats voting for reciprocity in the senate to get the required votes.
  2. Some folks do have to travel for work or family and the reciprocity does come in handy. Others do take vacations all around the country. The US is a big country and there is a lot to see all across our land. People can say not to go visit places, like California, that do not honor TN permits but you might miss out on seeing a lot. At least you can keep a pistol in the trunk of your car in California and Washington for your hotel room. Some of the Mid Atlantic and Northeast states aren't quite that good when it comes to people who have handguns without permits. New York and MA come to mind where you can't even possess a handgun without a permit. I do know some states do let all 18 year olds get pistol licenses, such as Alabama. I'm pretty sure Mississippi lets military 18-20 year olds get licenses as does Texas. I personally think we have more to lose than to gain by having a small group of 18-20 year olds get permits. If we're going to lose reciprocity, might as well let all 18 year olds get a permit.
  3. You can look on handgunlaw.us and see that we just lost reciprocity with Washington State due to the whole 18-20 year old military now able to get handgun carry permits. I know we also just lost reciprocity with Minnesota. Looks like you'll need to get a non resident Washington permit if you want to carry concealed there or possibly a non resident Utah permit that is also honored by Washington. You can open carry in Washington without a permit but I don't think that includes carrying a handgun loaded in a vehicle.
  4. Absolutely. That would be a big improvement to our situation because it is not just private businesses that can put you in a pickle. You can also come across these 'posted' properties when visiting local and state government owned buildings. People can say just conceal and not worry about it but honestly what is the difference between that and how folks used to just carry without permits? You used to just hope you didn't come to the attention of the one oddball police officer that would make a big deal out of you illegally carrying. Most police did not care as long as you weren't causing trouble and then it was an add on. But as a pro gun group we should be pushing to be legal when carrying in as many places as possible and one way to do it is remove the weapons charge from the signs. We know that the legislature does not want concealed carry without a permit so at least we should try to get more for our money out of these permits. The whole "Am I legal at XYZ location" question comes up all the time so why not fix that? We just had folks question their legality in carrying at the Chattanooga Aquarium. Fix the problem and then folks don't have to worry.
  5. Does anyone have any insight on what the NRA and state level organizations may be encouraging during this TN legislative session that starts next week?
  6. I bet you'll have less than a couple hundred 18-20 year olds in the whole state that will get permits under this new law. I can't believe that there will be many that can qualify who will get one. But hey, the other 99% of permit holders will lose reciprocity with some states. Our NRA rated "A" politicians get another pat on the back and something to look 'pro gun' while not producing anything of true substance for people with permits, such as cutting location restrictions on where you cannot carry.
  7. Lowering the permit age will, even if for 18-20 yr old military, will cause us reciprocity problems just like if we dropped the live fire and class requirement. I doubt very many eligible 18-20 year olds will get a permit. It will be interesting to see how many actually go through the process and if we lose more than what was gained.
  8. We'll probably lose reciprocity with a few states by having the age lowered to 18 that someone can get a permit.
  9. Yes, there used to be a 4 inch minimum barrel length for handguns used as hunting devices, but there is not a minimum barrel length anymore if you look at the TWRA book. Basically it needs to be centerfire for deer hunting. If you're following TWRA game regs and it is a legal hunting device, I don't see how you could have any problems carrying your XD 45 while deer hunting. The XD can be a back up to your rifle. A lot of hunters use handguns as a back up to rifles in case they need to search for a deer that is hit. In your case, you also have pigs on your lease. Keep a copy of the TWRA book in your hunting backpack or vehicle. That will show that you can use any centerfire handgun for deer hunting. Highlight the hunting device section. Make copies of TN code 39-17-1307 (shows you can have any gun in vehicle), 39-17-1308 (shows you can have a gun at your residence, hunting, target shooting), 39-17-1319 (shows you can have a handgun at age 18). Highlight the sections that apply to you. Keep that with your TWRA reg book. You're following the law and carrying a legal hunting device. If you want to get real technical, you could legally challenge yourself and try to get close to deer and use your handgun as a sole hunting device. Nothing in the TWRA regs and law to keep you from doing that. It is no different than some people do not like for folks to use 223 rifles for deer hunting. They may not like it, and even claim 243 is legal minimum caliber, but 223 rifles are legal deer hunting devices in TN. Be sure to remember that if you are archery season deer hunting, can't carry a handgun, rifle, or shotgun at all. If you are deer hunting during muzzleloading season, you can only carry a rimfire handgun or rifle for small game. Once you get old enough to get a handgun carry permit, you can carry whatever handgun you want during archery and muzzleloading seasons.
  10. https://www.tn.gov/twra/article/wild-hog-regulations See what kind of firearms you are able to use to kill hogs with the TWRA permit that your lease has and other details. Normally, for example, you can't use centerfire rifles or handguns after dark when hunting but not sure if killing hogs falls under hunting anymore. Under the 'Control for Landowners' section: "Landowners have more opportunity than ever before to control wild hogs on their properties. They can shoot wild hogs year-round during the day without limit and trap with bait outside of big game seasons. Furthermore, landowners may obtain an exemption from their TWRA regional office enabling them to kill wild hogs at night using a spotlight, and to trap year-round." Of course if you can target shoot at your lease, that should be fine also. I think anyone would agree that since you are 19 without a permit you would be legal with your handgun loaded in your vehicle and also carrying at your lease to target shoot. The hog permit may cover this too if a handgun is a legal harvesting device, whether for trapped hogs or hogs that you try to get. Coyote season is also year round (but would require following game regs as far as legal harvesting device and hunting hours). Modern gun deer season you should also be fine for carrying a centerfire handgun.
  11. Check with your TWRA game warden that gave your lease the hog permit. I am not in an area with hogs, so I am not familiar with the game regs behind those hog permits that leases can get. I just know that you can get permission with those permits to kill hogs 24/7. I have no idea what you are limited to as far as firearms used to kill hogs day or night. I'm assuming you have a deer lease, and not duck lease. I don't know much about the regs behind duck hunting. I do know as far as hunting you CANNOT carry any centerfire rifle or centerfire pistol during the roughly two months of archery deer season and muzzleloading deer season. You can only carry rimfire pistols, rimfire rifles, and shotguns with at most T shot. If you are bow hunting deer, you cannot carry any sort of firearm without a handgun carry permit (limited to handgun that cannot be used for a hunting purpose). You can of course carry centerfire rifles and centerfire handguns during modern gun deer season, just need the modern gun deer license. Coyote season is year round and you can use centerfire rifles and centerfire handguns on them, except during that two months of archery and muzzleloading deer season (limited to T shot or rimfire firearms). You also can't have any centerfire rifles and centerfire pistols at night, no matter what season it is. But talk with your game warden that your lease got the hog permit from. He'll be able to tell you what you can use day or night for hogs and also other game. Also verify everything with the TWRA hunting guide.
  12. The way I've always understood intent to go armed is a purpose/intent law that it covers people possessing/using firearms, knives (until recent), and clubs for offensive or self defense against people. For example, you can carry and have a baseball bat and you are using it to play ball and that is not intent to go armed but if you are using it for self defense against people, then that is unlawful and falls under intent to go armed. Same until recently for knives over 4 inches. You have a big knife for cooking but if you are carrying it for protection against people then that is intent to go armed. I do agree that if someone is trying to carry a firearm for protection from people, then that falls under intent to go armed. That tells you how bad the whole law is when there are different understandings of this intent to go armed.
  13. I don't see how someone carrying a rifle with snake shot, shotgun, or a handgun with snake shot falls under intent to go armed while fishing just like shooting targets is not intent to go armed. Possession of a weapon isn't illegal, it is the person's intent to go armed with that weapon that is illegal. Taking a gun to a gunsmith or gun store may not be listed as a defense, but that is not intent to go armed either. TN AG Opinion 96-080 QUESTIONS Article I, Section 26 of the Tennessee Constitution provides for the right to keep and bear arms for the common defense. Do the following statutes violate this provision? 1. Tenn. Code Ann. § 39-17-1307(a), making it an offense to carry a firearm with the intent to go armed; 1. Tenn. Code Ann. § 39-17-1307(a)(1) states that "a person commits an offense who carries with the intent to go armed a firearm," a certain kind of knife or a club. This statute does not prohibit owning or carrying a firearm. It prohibits the carrying of a firearm with the intent to go armed. Thus, the carrying of a firearm is prohibited only when it is carried in a manner so as to be "readily accessible and available for use in the carrying out of purposes either offensive or defensive." Kendall v. State, 118 Tenn. 156, 101 S.W. 189 (1906). This statute does not, in the opinion of this Office, infringe upon the citizen's "right to keep and bear arms for their common defense." Tenn. Code Ann. §39-17-1308 lists a number of defenses to the application of Tenn. Code Ann. §39-17-1307. Included in the list is when the person is carrying a weapon that is unloaded and unconcealed about his person and the ammunition is not in the immediate vicinity; when the person is authorized to possess or carry a firearm pursuant to Tenn. Code Ann. §39-17-1315, the handgun permit statute; when the person is at home, at his place of business or on the premises; and when the person is lawfully hunting, trapping or engaged in other lawful activity. Thus the application of Tenn. Code Ann. §39-17-1307 is rather narrow. The statutory scheme envisions many situations when the carrying of a weapon does not violate this statute.
  14. If fishing is not a defense to prosecution just like hunting, camping, and sport shooting, then why is it listed under the 'defenses to unlawful possession or carrying" title along with the residence defense? Like I said, it is common for fishermen and even campers to carry guns loaded with snake shot. I'm not saying it is ok for a fisherman to carry the gun at Wal Mart when he buys a fishing pole, but it would seem that the fisherman could have the gun while actually fishing at say a private pond (due to game regs). It would seem to be that if the legislature only intended on people to carry guns away from their property while hunting/trapping and target shooting, you would not see the fishing and camping defenses in that line. It appears to me that the legislature tried to include common outdoor activities that people have guns such as camping, shooting, hunting, and fishing. Whether the person has a 22 rifle or a pistol, it is all the same when someone doesn't have a handgun carry permit. 39-17-1308. Defenses to unlawful possession or carrying of a weapon. (3) At the person's: (A) Place of residence; (B) Place of business; or (C) Premises; (4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;
  15. Yep the way I understand it, if someone is 18 and in legal possession of their vehicle and firearm, they are good to go as far as having the gun loaded in the car.
  16. The code reads that lawful fishing is a defense to prosecution just like hunting and being at your home are defenses to going armed. You may not use a firearm to get your fish, but plenty of fishermen take firearms with them for snake protection. The whole purpose behind the little J frame smith 22 kit revolvers is fishing, camping, and plinking. If you truly are carrying a firearm for snake protection and especially have a 22 rifle or pistol loaded with a couple snake shot shells, that would appear legal and not appear to be intent to go armed (even without the fishing defense). Like I was saying, the problem someone without a permit runs into when carrying a firearm in outdoor situations are the TWRA game regulations. Game regs are what would keep someone from carrying at a public lake or say carrying a centerfire handgun during small game season. If you were carrying a pistol loaded with snake shot at your neighbor's private pond, that would seem to be ok by my reading. A person 18 or older can hunt with a handgun without a handgun carry permit under both the code and game regs. Minors under 18 cannot hunt with a handgun due to TWRA regs, but in theory could under the code if TWRA changed the game regs.
  17. Basically that means you can have your firearm at your home, business, or other property. You can also have a firearm in your vehicle loaded or unloaded. You can also have that firearm when you are taking part in outdoor activity like hunting, fishing, or camping and of course target shooting. I know you mentioned something about having a firearm when you fish. It looks like you would be legal under the weapons laws to have a firearm when you fish, which is pretty common for snake protection. The catch is most of the public lakes require you to have a handgun carry permit to say have a loaded handgun on your boat or fishing from the dock. If you were at your friend's private pond, then that would seem to be ok. Same goes with camping. You have to have a handgun carry permit at say TN state parks or TWRA land (exception for licensed hunters) but if you were say on a friend's land or other private land you would be legal. If you are carrying a handgun under the hunting exception, make sure you are carrying a handgun legal for the game you are hunting. You can't carry a centerfire handgun during certain seasons while you are hunting. Since you don't have a handgun carry permit, you can't carry any handgun while bow hunting deer. If it is squirrel or rabbit season, you can only carry a rimfire handgun, not centerfire. Check your TWRA book.
  18. You might want to read Tennessee code yourself. TCA 39-17-1307: Unlawful carrying or possession of a weapon. (a) (1) A person commits an offense who carries, with the intent to go armed, a firearm or a club. (2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500). (B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor. These are exceptions that apply to your situation when you don't have a handgun carry permit and are carrying a firearm. (e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm or firearm ammunition in a motor vehicle 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. 39-17-1308. Defenses to unlawful possession or carrying of a weapon. (a) It is a defense to the application of § 39-17-1307 if the possession or carrying was: (1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon; 3) At the person's: (A) Place of residence; (B) Place of business; or (C) Premises; (4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity; (5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;
  19. You can carry in local and state government buildings in TN if you don't see the specific no guns signs. The problem is at least in Memphis and I'm sure Nashville, most of them are posted and some with the correct signs. We could legally carry at the state capitol in Nashville if the 'no guns' signs were taken down and people with permits were allowed to walk around the metal detectors. Plenty other states do this for people with permits.
  20. Do you boycott the county clerk's office when you need to get a license plate for your new car? What about the hospital that your sick friend is at and you want to visit him? Or do you decline a lunch invitation from a business partner at a 'posted' restaurant and just reply "Sorry can't eat there because I carry" ? It's easy to say to boycott every place that has these signs if you just carry at your local Wal Mart on the weekends. If you truly try to carry all the time then those situations can cause you problems in Tennessee. If I'm in another state that doesn't attach weapons charges to 'posted places', I will generally just carry. I don't go around asking people and businesses about there political beliefs. I keep that to myself. My handgun is concealed for my personal protection. What others do not know about does not hurt them. Too bad the NRA and state gun rights orgs here can't seem to get behind a solid bill to change that sign problem but they can get behind bills that make no practical sense, such as the employer-workplace gun bill this year.
  21. Yeah I am surprised that Tennessee has been able to get by constitutionally with having practically no free way to openly carry any sort of firearm, especially long guns by the way the state constitution is written because it is a mirror image of the TX constitution granting legislature ability to restrict 'wearing' of arms. Can't really wear a long gun like you can a handgun. Long gun carry has been legal down there forever but handguns have always been restricted in some way, whether that be carrying on a license, hunting/fishing, or while traveling.
  22. A lot of court cases in various states during the 1800's said that bans on concealed carry were legal because OPEN carry was not made illegal. From my reading as long as a state at least open carry (without a permit), then it is probably constitutional to require a permit for concealing. I don't necessarily like that, but it seems to be as long as someone can open carry handguns and long guns without paying a fee to the state, then that person is not having his right to bear (carry) arms infringed.
  23. Yeah it would be a big deal to get rid of the weapons charge behind the 'no guns' sign. You would be able carry legally at the hospitals when seeing people that are sick, local government owned buildings when taking care of paperwork, and the airport (of course not past metal detectors). People can say that no one gets criminally charged over those signs, but it's those kind of laws that are used to hassle people by costing them a lot of money in legal fees to get the charges dropped. I also think gun rights people should want people carrying to be legal in as many places as possible and not worry about weapons charges.
  24. LEOSA that allows local and state police to carry off duty in all 50 states is a federal law and hasn't been challenged federally in court yet on constitutional grounds so I would say federal carry reciprocity would be treated the same.
  25. Yes, in Missouri and Mississippi, if you have a permit (enhanced in MS and regular in MO) and you are found to be carrying a handgun at say a K-12 school or college or say a 'posted area', you are just asked to leave. You do not have to worry about any sort of misdemeanor or felony weapons charge in addition to being asked to leave like we have to worry about here. Those laws in Missouri and MS do not affect workplace or property owners' policies with regards to weapons because they can still ask you to leave if you are breaking their internal policies. I would highly prefer that to our situation here in TN because you balance property owner's rights (internal policies left alone by state government) and also people with permits carry rights (no criminal weapons charges). I think that some of the gun rights orgs that have tried to affect workplace and company policies are part of the reason we have not made much headway in the past few years when it comes to reducing restrictions on people carrying. They have not wanted to separate the desire to reduce criminal penalties from the desire to change companies' weapons policies. The politicians could modify or eliminate two parts in the state criminal code related to weapons (39-17-1309 and 39-17-1359) with simple exemptions for people with permits and you would be able to legally carry in A LOT more places than present. It was done for people with permits and guns (39-17-1313) in vehicles, why not extend that exemption to people with permits and guns outside the vehicle? Lay a solid groundwork now as far as those carry restrictions and then when the make up of the legislature changes more favorable to 2nd amend causes, then go for Constitutional carry. If you don't lay that groundwork on cutting carry restrictions, then if you ever got constitutional carry it won't mean much when every government and private property is 'posted' and people are risking weapons charges left and right. Not much of a right if you can't carry legally.

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