Handgun laws questions

[Chucktshoes]

2 minutes ago, JsLangley said:

How am I supposed to abide by the law if my government doesn't know what the law is or can't tell me

Welcome to the wonderful world of gun laws in Tennessee. This vagueness is the reason I advised caution so strongly. It doesn't matter who tells you what now. You will be at the mercy of whatever government agent you come across out there in the wild. It's his interpretation and mood that's going to be the deciding factor of whether you get a "have a nice day" or a "you have the right to remain silent" or worse. 

[Oh Shoot]

3 minutes ago, Chucktshoes said:

Welcome to the wonderful world of gun laws in Tennessee. This vagueness is the reason I advised caution so strongly. It doesn't matter who tells you what now. You will be at the mercy of whatever government agent you come across out there in the wild. It's his interpretation and mood that's going to be the deciding factor of whether you get a "have a nice day" or a "you have the right to remain silent" or worse. 

Yes, side of the road or middle of the forest are equally poor places to have a legal debate with a LEO.

- OS

[Wingshooter]

The 4" restriction was dropped in 2011.

 

Edited December 29, 2016 by Wingshooter

[JsLangley]

Thanks wing shooter that's what I was wanting to know. One more question for u guys.....if I'm deer hunting with my 30-06 and I also have my pistol on my hip is it considered hunting with a pistol or is it carrying because I already have a rifle? Or can I technically hunt with both at the same time? Not a big deal but I'm just wondering

[Oh Shoot]

14 minutes ago, JsLangley said:

Thanks wing shooter that's what I was wanting to know. ...

So a previous post on TGO from someone you don't know is more convincing that all the current posts on TGO from people you don't know who are telling you the same thing?

- OS

[Wingshooter]

21 minutes ago, JsLangley said:

Thanks wing shooter that's what I was wanting to know. One more question for u guys.....if I'm deer hunting with my 30-06 and I also have my pistol on my hip is it considered hunting with a pistol or is it carrying because I already have a rifle? Or can I technically hunt with both at the same time? Not a big deal but I'm just wondering

I'm not aware of any restriction against having more than one hunting weapon as long as they are both legal for the season and the game. Make sure you have the proper license too. I primarily enjoy bowhunting, but Occasionally I'll take a bow and a rifle with me to a particular deer stand during gun season just in case my dream buck wonders by outside of bow range. 

In your case though (no HCP, a rifle AND a defensive type handgun), I bet most TWRA officers would call it carrying. What it really is is up for debate, but you've already proved that some TWRA officers don't even know the 4" rule has been dropped. To error on the side of caution would be to carry just the rifle until you get an HCP. Technically speaking though it seems to be legal.

Edited December 29, 2016 by Wingshooter

[JsLangley]

Haha no oh shoot. But nobody has told me yet when it was discontinued except in that post

Edited December 29, 2016 by JsLangley

[Chucktshoes]

11 hours ago, Oh Shoot said:

Yes, side of the road or middle of the forest are equally poor places to have a legal debate with a LEO.

- OS

 How is it I've heard it put before? "You might beat the charge, but you can't beat the ride."

[300winmag]

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.

Edited December 29, 2016 by 300winmag

[chances R]

JsL....you have a received YEARS of experienced advice in this thread.  No one would intentionally mislead you.  Ultimately it will be your decision and you have wisely sought out all the information available to you.  I have spoken with attorneys who are experienced in 2nd Amendment issues and firearm laws.  They themselves will tell you that it is the exception to find LEO or judges that are well versed in the subject.  They will also tell you that groups of folks like here on TGO are much more educated in firearm law as well as for the most part better trained in firearm usage, etc. than most 'professionals.'  For the most part, be cautious, and wait if in doubt until you have a HCP to solve most of your issues.

[JsLangley]

Chances R I've noticed that lol. I've gotten way better advice on this thread then I have while talking to the actual government. Again I thank everyone for their help on this situation. If I ever have any future questions this is where I'll go to ask

[DaveTN]

You are too young to be jaded by some old guys with bad attitudes against cops. So here is some advice from an old guy that is a former cop and proud of it.  

First off you will be dealing with two separate sets of laws and two different types of cops. Police Officers should (and probably do) know the laws about you carrying a gun. They are who you will probably deal with if you are stopped on the street. TWRA Wildlife Officers are who you would likely be dealing with while out hunting.

It doesn’t appear to me Midtown has a Police Department? So I would assume you are covered by Roane County Sheriff’s Office.

If you have the time; don’t make phone calls; go there.

Ask to speak with a Command Officer (or Deputy if that doesn’t work). Desk clerks and dispatchers aren’t cops and don’t work the street. (My department wouldn’t let them answer your questions; but we had an “inside” Officer all the time.)

Don’t read the criminal law on LexisNexis and start making assumptions about what it says. We don’t have access to case law or other court rulings. (At least I don’t) Even law makers ask for AG opinions on some laws. Reading the law is a good start, and AG opinions are a good source; but the courts are not bound by AG opinions.

There are good cops and bad cops out there. A good cop will answer your questions and treat you with respect (even if they are arresting you). If you are ever stopped and you think you are talking to a bad cop; don’t be stupid. There will be a time to straighten things out; but it won’t be on the street with a bad cop.

After you go talk to the cops let us know what happened. Heck you might even see something that interests you and you might become one of the cops your community can be proud of. Then you can help people out.