Parking lot and other storage of firearms in leased vehicles

[MrJones79]

So I stumbled onto a site summarizing US handgun laws by state. Through some clicking and reading I stumble upon this opinion by the TN AG:

http://www.handgunlaw.us/documents/agopinions/TNAGOpinionParkingLotStorageLaw.pdf

It seems to be related to parking lot storage on employer property. The part that got me scratching my head was the part on leased vehicles (with regard to question 2 from top of page):

Question: 2. Does Chapter 16 apply to a handgun carry permit holder operating a privately-owned motor vehicle that has been leased, rented, or borrowed by the permit holder?

2. Chapter 16 authorizes a handgun carry permit holder to “transport and store a firearm or firearm ammunition in the permit holder’s privately-owned motor vehicle.” Chapter 16, § 1. The phrase “permit holder’s privately-owned motor vehicle” does not include a vehicle leased, rented, or borrowed by the permit holder. When the language of a statute is clear and unambiguous, the statute is read to convey the plain meaning of the words used. Eastman Chem. Co., 151 S.W.3d at 507. Here, the General Assembly chose to use the possessive adjectival phrase—“permit holder’s”—to describe the privately owned motor vehicles to which the bill applies. Accordingly, the clear import of this wording is that the privately owned vehicle is owned by the permit holder. Had the General Assembly intended the bill to reach to leased, borrowed, or rented cars, it could easily have used different language, such as referring to vehicles in the lawful possession of the permit holder.2 Indeed, the General Assembly knows how to make a statutory provision applicable to both owners and possessors but did not do so in Chapter 16. See, e.g., Tenn. Code Ann. § 12-2-209 (providing for seizure and confiscation of intoxicating beverages “owned or possessed” in violation of liquor laws). See also Amos, 259 S.W.3d at 715.

Can someone shed some light on this? Does this mean anyone who has an HCP and leases their primary vehicle cannot transport or store a firearm in that leased vehicle? Or is this truly only in regard to employer property (which would still suck). Guess I'm wondering if people that lease their cars and carry or transport are somehow breaking the law?!?!

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[Oh Shoot]

That's all bunk. Read the actual statute. Unless it's a company leased vehicle, it's still "yours".

Wording is, "in  the permit holder's motor vehicle"

""Motor vehicle" means any motor vehicle as defined in § 55-1-103, which is in the lawful possession of the permit holder, but does not include any motor vehicle which is owned or leased by a governmental or business entity and that is provided by such entity to an employee for use during the course of employment if the entity has adopted a written policy prohibiting firearms or ammunition not required for employment within the entity's motor vehicles "

And it covers any place your vehicle is legal to be parked, including school property.

You can read the actual statutes at

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

Weapons section is 39-17-1301 and forward. This one 39-17-1313

- OS

Edited January 12, 2017 by Oh Shoot

[MrJones79]

Thanks. I'll take a look at the actual statutes. Looks like the whole things stems from the wording "privately owned".


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[MrJones79]

That's all bunk. Read the actual statute. Unless it's a company leased vehicle, it's still "yours".

Wording is, "in  the permit holder's motor vehicle"

""Motor vehicle" means any motor vehicle as defined in § 55-1-103, which is in the lawful possession of the permit holder, but does not include any motor vehicle which is owned or leased by a governmental or business entity and that is provided by such entity to an employee for use during the course of employment if the entity has adopted a written policy prohibiting firearms or ammunition not required for employment within the entity's motor vehicles "

And it covers any place your vehicle is legal to be parked, including school property.

You can read the actual statutes at

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

Weapons section is 39-17-1301 and forward. This one 39-17-1313

- OS

Yeah so I just read the statute and it seems like there must have been an update or amendment sometime after that 2013 AG opinion.

http://law.justia.com/codes/tennessee/2015/title-39/chapter-17/part-13/section-39-17-1313

1. The statute seems to state that any vehicle in "lawful possession" of permit holder is fine , sans a government leased vehicle or similar, while the AG opinion seems to make it sound like ANY vehicle not expressly owned would violate the law.

2. The 2013 AG opinion says even if a firearm is briefly observable by person, security camera etc you violate law, while statute in link above says this is NOT a violation by a permit holder.

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[Oh Shoot]

8 hours ago, MrJones79 said:

Yeah so I just read the statute and it seems like there must have been an update or amendment sometime after that 2013 AG opinion.

Yeah, I should have explained better and called it something more precise than "bunk".

Statute amended in 2015 and also whole section added to labor law section to specify employee recourse if action taken against an employee for doing it.

- OS

Edited January 12, 2017 by Oh Shoot