Handgun laws questions

[JsLangley]

I have a few simple questions that I can't find straight forward answers to anywhere. First of all, let me add that I am 19 years old and that I live in eastern Tennessee therefore all questions will be pertaining to my age and where I live. The overall question is....What am I able to legally do as far as carrying and transportation? I realize I can't legally conceal carry at all until I am 21 years old with a cow permit. But can I open carry if I am using the pistol for hunting? Also can I open carry while fishing? Also I heard of this "castle doctrine" that has taken affect in June of 2015 that allows anyone above the age of 18 to have a loaded or unloaded handgun in their vehicle. Sorry if that is a bit long or confusing. I just need clarification before I wind up in jail. Thanks for your time and I appreciate all answers that could help me out

[TNman207]

All fine questions. Just contact your local police department to get answers instead of opinions. Also, I personally recommend a book called Law of Self-Defense, by Andrew Branca. Plan to attend their class if they come to your area. Excellent information from someone known and well respected in the gun community. Here is a link to their site and you can get the book from Amazon.

http://lawofselfdefense.com/book/

[RED333]

Welcome, there are more than a few others that know about how to answer your questions. So sit tight, O yea, 1st round on the new guy. Make mine a 12ga "00" buck, 2 3/4.

Merry Christmas

[Oh Shoot]

Any adult not prohibited from firearm ownership by federal or TN law may in general possess a legally configured firearm in his private vehicle, loaded or unloaded -- however, to legally stash them in lot that is posted a lot on school property still requires carry permit.

You may carry a firearm during the act of legal hunting. Fishing and other outdoor endeavors is a gray area, has been often opined that exception was intended pertinent to only the (previous) size limit on knives only, have never seen an official clarification of that by TN AG and know of no case law that would indicate one way or the other.

- OS

 

Edited December 23, 2016 by Oh Shoot

[peejman]

Cow permit..... mooooo!    

Edited December 23, 2016 by peejman

[Bear62]

For possession of a handgun for any purpose, you must be 21 years of age.

[GlockSpock]

For possession of a handgun for any purpose, you must be 21 years of age.

Yeah, that's not right. Anyone over 18 that isn't otherwise restricted can own one.

http://smartgunlaws.org/minimum-age-to-purchase-possess-firearms-in-tennessee/

A dealer can only sale a handgun to people 21 and older. Technically for private sales you can buy one at 18 even though many sellers will play it safe.

[Oh Shoot]

1 hour ago, Bear62 said:

For possession of a handgun for any purpose, you must be 21 years of age.

Horse pucky for a first post. You don't even have to be 18 to be gifted one in TN for lawful sporting purposes such as target shooting, though must be 18 to hunt with one . And only 18 to possess one in your vehicle, or to buy/sell one in private transaction.

- OS

Edited December 23, 2016 by Oh Shoot

[JsLangley]

Wow that was fast. Thanks everybody for answering my questions. That's helps a lot. I think I'll also take TNman's advice and call the police department or Tennessee dep of home defense if I can reach them just to make sure. Again thanks for all of the replies and the help. Hahaha and I just realized that I said cow permit. I meant CCW permit

Edited December 23, 2016 by JsLangley

[chances R]

17 minutes ago, JsLangley said:

Wow that was fast. Thanks everybody for answering my questions. That's helps a lot. I think I'll also take TNman's advice and call the police department or Tennessee dep of home defense if I can reach them just to make sure. Again thanks for all of the replies and the help. Hahaha and I just realized that I said cow permit. I meant CCW permit

Let us know how that turns out    They will probably have to ask on TGO.  By the way it is not CCW......it is a HCP.

[Chucktshoes]

1 hour ago, chances R said:

Let us know how that turns out    They will probably have to ask on TGO.  By the way it is not CCW......it is a HCP.

Accurate. 

[peejman]

10 hours ago, JsLangley said:

Wow that was fast. Thanks everybody for answering my questions. That's helps a lot. I think I'll also take TNman's advice and call the police department or Tennessee dep of home defense if I can reach them just to make sure. Again thanks for all of the replies and the help. Hahaha and I just realized that I said cow permit. I meant CCW permit

You expect the government to know the laws....   

[1gewehr]

Where can I get a cow permit?  They're all over the place around here.  Easier to shoot than deer and lots more meat!

Correct on the 18 to possess answer.  Carry permits for under 21 are ONLY for members of the military and veterans! (http://www.lexisnexis.com/hottopics/tncode/   39-17-1351)  Be careful as most police aren't really as knowledgeable on gun laws as you might think.  Gun laws are very complex and there is a lot of misinformation out there.  The best source for accurate information on TN firearms laws is the Tennessee Firearms Association.  The TFA was responsible for getting TN the Handgun Carry Permit in the first place, as well as all of the positive changes in the firearms laws since then.

 

[JsLangley]

Thanks 1gewehr. How would I go about getting ahold of them?

[i1afli]

4 hours ago, 1gewehr said:

Be careful as most police aren't really as knowledgeable on gun laws as you might think. 

 

+1

i bet if you call them 5 times you will get 5 different answers. 

[Raoul]

2 hours ago, JsLangley said:

Thanks 1gewehr. How would I go about getting ahold of them?

http://tennesseefirearms.com/

Google is your friend. Oh, and welcome to the madhouse.

[JsLangley]

I wonder if TWRA would know anything about carrying while fishing under the age of 21

[quickbiscuit]

If you are carrying with the "intent to go armed" without a HCP you are in violation of TCA 39-17-1307.  Since there's no other reason that you would be in possession of a pistol while fishing (other than to go armed), I wouldn't go there.  Be patient and don't take any chances.  You'll be 21 soon enough.

[quickbiscuit]

Also to clarify something you may be confused about: a handgun carry permit is required in Tennessee whether carrying openly or concealed.  Carrying openly is just as illegal as carrying concealed if you are under 21 or without a HCP.

[300winmag]

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;

 

 

[300winmag]

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.

[quickbiscuit]

16 minutes ago, 300winmag said:

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.

I think this is pretty reckless advice, especially given to a 19 year old who is obviously very eager to carry a loaded handgun.  Good luck to anyone trying to convince an officer or game warden that the loaded Glock 19 on your hip is for "snake protection."  As OS alluded to earlier, that section you reference encompasses weapons other than firearms, and the exception to fishing/camping is most likely directed at knives, not handguns.

I think we should err on the side of caution when giving advice to a youngster who is trying to understand the law.  You are giving very far-fetched defenses to an act that could get him into a lot of trouble.

Edited December 24, 2016 by quickbiscuit

[GlockSpock]

I think this is pretty reckless advice, especially given to a 19 year old who is obviously very eager to carry a loaded handgun.  Good luck to anyone trying to convince an officer or game warden that the loaded Glock 19 on your hip is for "snake protection."  As OS alluded to earlier, that section you reference encompasses weapons other than firearms, and the exception to fishing/camping is most likely directed at knives, not handguns.
I think we should err on the side of caution when giving advice to a youngster who is trying to understand the law.  You are giving very far-fetched defenses to an act that could get him into a lot of trouble.

I don't disagree that a person should be careful in determining and following the law.

With that being said, I'm throwing this in the pot.

Could an 18 year old hunt with a pistol?

[quickbiscuit]

16 minutes ago, CZ9MM said:

 

I don't disagree that a person should be careful in determining and following the law.

With that being said, I'm throwing this in the pot.

Could an 18 year old hunt with a pistol?

 

Yes since that would be "incident to lawful hunting...activity."  The 18 year old is using the pistol to hunt.  Even a minor can hunt with a pistol under 39-17-1319(d)(1)(D).  But we don't fish with pistols, so that's a no-go in my reading of the law.

Edited December 24, 2016 by quickbiscuit

[300winmag]

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.

 

Edited December 24, 2016 by 300winmag