Fallguy

Just for refrence...The bill that would prohibit hunting with a firearm while under the influence, HB1875, that did pass in the sub-committee, establishes a BAC of .08% Now we have talked about statutory law and case law...so not sure how that would work on this, but one could argue, if it becomes law, that this establishes a BAC off .08% to be presumed to be under the influence while armed. Also the house bill did add Senate Amendments 1 and 2 which means this only applied to public lands and waters...I guess if you are hunting on private land you can be as blitzed as you want to be and still hunt.

I can't find the law right now, but MN does not prohibit carry in bars/restaurants and you can carry as long as your BAC is below .04%

Yep was good to meet you and deerslayer and wife.

Welcome!!

Yep.....I see that.....and I had to pay for my own BBQ...lol

LOL....looks like a few of us are going to make it, but then have to leave. Since I have to be up at 5 in the morning and will have a 2+ hour drive back, doubt I stay real long, but I did at least want to meet some of you and put some faces with some screen names. In fact....I'm going to have to hit the road in just a little to make it around 7:00. Look for a guy in blue jeans and black polo shirt that looks lost...lol

Welcome!

Dang molonlabetn, you may be two for two. I admit under the citizens arrest statute (and I agree in effect that is what you are doing) it does not even allow for the threat of deadly force. To me the two laws are somewhat in conflict and it very easily could not go your way. But a citizens arrest can be done by a citizen anywhere for any crime. The defense of property law is explicitly limited to preventing the theft of or recovery of personal property (it also references trespass) and even mentions deadly force and does not reference 39-11-621. IMO they wanted to give a landowner the ability to protect his property without having to make a citizens arrest. Just another reason I feel the law ought to be changed more like in TX though. Packingmama...you and I are friends, but I guess we just disagree on this point. If the law was to change and you take my radiator, it's your fault you got shot, not mine.

molonlabetn you and I may be interpreting the law differently. To me 39-11-614 Protection of property. makes a distinction between the threat of and the use of force, including deadly force. It does say that you can not "use" deadly force, but it does not say you that you can not "threaten" it. I take that to mean that it is perfectly legal to confront someone on your property while armed. IMO you can even have aim on them, you just can't shoot them, unless it became a self-defense situation under 39-11-611

You know...with that actual wording, "who is the employee or agent of the owner" it would seem an "employee" and an "agent" are two different things. An employee could carry simply because he worked there. However to my knowledge there is no legal definition of what an "agent of the owner" is or would be. Seems to me that if you knew the owner he could simply designate you as "his agent" and it would be legal for you to carry there. Hmmmmmmmmmm

T.C.A. 39-17-1305©(2) says.. (2) On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property. Doesn't seem to limit that protection to only the person who is in posession of the firearm. Also T.C.A. 39-11-612 Defense of third person. Doesn't say force can't be used in a place that serves alcohol to defend a third person. Here is the TN code (Title 62, Chapter 35) on Security Guards if anyone wants to read it.

EXACTLY!!!! ...and if I hear "Alcohol and Guns don't mix" one more freaking time...I'm going to puke!!!!! Can't this people read? The HCP holder absolutely can not take even one sip while armed by this bill.

Ok....I'll go off topic too. Although I think this has been discussed at some link on another thread. What I would like to see is the legal right to use deadly force to stop a robbery/theft. Right now we do not have that choice. Now does that mean I would shoot the person taking something out of my shed (I don't have a barn )? Well it depends....My main intention would be to prevent my property from being stolen. If my confronting the thief with the threat of deadly force (legal IMO in TN as of now) is enough good.... but if he continues to hold on to my property and attempts to leave my land and the only way to stop my property from leaving my land is to stop him, then so be it (although I would not do so in TN as of now). HE has made the choice that his life was worth less than my property, not me thinking my property is worth more than his life. I would not shoot first and ask questions later in that situation...and don't think most would either...only if it was the only way to prevent the theft. ...and as I think we all have agreed, breaking into my residence is a whole nother ball of wax!!

Welcome Michael

You were told wrong....unless you took your class before July 2001 (When the law changed) T.C.A. 39-17-1305 Possession of firearm where alcoholic beverages are served. (a) It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for on premises consumption. ( A violation of this section is a Class A misdemeanor. © The provisions of subsection (a) shall not apply to a person who is: (1) In the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of duties as a correctional officer employed by a penal institution; or (2) On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property.

Since it will be my first time there.....may sound stupid, but anything special I need to know, about the range, where everyone meets...etc....

Nope...not from me at least. Seen way to many. I think there are good points on both sides and it is up to each person to decided for themselves. I am a lot like Phantom in that I have corrected people in that TN issues a HCP (Handgun Carry Permit) not a concealed permit. But I carry concealed probably 99.5% of the time. But I am glad that those who choose to carry openly can.

Of course if you are carrying openly the BG might just decided to move to the next place down the block instead of heisting a place with a armed citizen.

Ok...I'm not an instructor either. But I guess when it comes to a HCP I am one of the "minimum mindset" people because I don't think you should have to get a permit from the state to carry in the first place, let alone be "forced" to take training for it. I don't think there are proportionately any more incidents in the states that don't require a permit for Open Carry or VT which doesn't require permits at all than there is in TN Now....I would recommended any level of training for someone that wants it or needs it.

LOL...ok...I'll leave the lips one alone too.

I completely agree!! It seems some that believe that are just going to keep telling it no matter what. If you tell them it's legal, they say, "Prove it!" Well, it's like trying to prove it is legal to wear a red t-shirt. There is no law that says it is ok, all I could do is challenge you to find a law that says it is illegal and if there isn't one then it is legal.

Um....March 19th was today and all of this bills have already been heard. The only one still alive is HB0702 that will come back up on April 2nd. See...... http://www.tngunowners.com/forums/showthread.php?t=4022&page=52

Sorry about that.....but you should be dreaming of my future girlfriend anyway....

Yes

If someone has already drawn a gun on me....I'll shoot them where ever I can!!