Don't fire a gun within Memphis city limits

[JayC]

22 hours ago, JAB said:

1. Again, the very fact that he didn't shoot at the bad guys but, instead, shot into the air - which indicates trying to scare someone, not defending against a perceived threat - will probably be used against him.

2. No, drawing a firearm from a holster is not automatically self defense.  In some cases, such activity could be considered 'brandishing'.  Unless I am mistaken (and maybe someone else can fill in the details) there was a case a few years back where two men got into a verbal confrontation at a school event.  One man followed the other to his car.  Upon arriving at his car, the latter showed the man who had followed him that he had a gun in order to get the other man to back off.  He was charged for having the firearm on school property.  It is my understanding that a judge refused to drop the charges based on the claim that the man acted in self defense and, by the law, could not be charged for having been discovered to have had the firearm in a location where it would, otherwise, be against the law.  The judge ruled that, as the defendent did not actually shoot the aggressor, he was not acting in self defense.  Basically, he told the defendant that if he had actually shot the other guy then he would have been justified and likely would not face any charges but as he did not shoot the other guy - or even shoot at him - it was not considered a case of self defense under the law.  Anyone else remember that and can provide more details?  I really don't think I dreamed it.

3. Again, self defense involves a reasonable fear of death or serious, bodily injury.  Perhaps the driver's lawyer will successfully argue that firing a gun into the air indicates his client had such a fear.  More power to him if he does but I find it very doubtful.  If I really and truly think that someone is going to try and kill me then I am going to be shooting at them, not at the sky.  Showing a would-be robber that you have a weapon in order to scare them away is one thing.  Firing bullets into the air - bullets that have to come down, somewhere - is something else, entirely.

4. As DaveTN has already addressed, it sounds like the bad guys were breaking in to the cargo trailer area of the truck and not the cab where the driver was sleeping.  Would a court find that - even though the trailer is a separate area with no access to the occupied cap - it is still a 'part' of the vehicle while the two are hooked up?  Maybe but I don't think that is necessarily as clear cut as you are arguing.

As you said, we'll have to wait and see.

1. Scaring somebody away IS a valid form of self defense.  You're allowed to use both deadly for and the THREAT of deadly force if you have a reasonable fear of imminent death.  Shooting into the air is clearly a threat of deadly force, just as pointing a firearm at somebody is.  How do we know this, if you come to my house and start to break in and I yell down I've got a gun, and I'll shoot you, no crime.  If I walk up to you on the street and say I've got a gun, and I'm going to shoot you, there is a crime.  

2. We're talking about the same case, and the judge ruled because he didn't remove the gun from the holster he didn't employ it under 39-17-1322, went on to say in that ruling that if the man had removed the gun from the holster and had a reasonable fear of imminent death he would have been covered.  But the fact he did not unholstered the firearm the judge believe no such reasonable fear existed.

3+4 39-11-611 appears to cover the truck and trailer, otherwise what vehicle do you know of other than a trailer is designed to only transport property?

[Oh Shoot]

1 hour ago, JayC said:

...

If the shooting was self defense, he can't be charged under the local ordinance because of state preemption.  ...

Minor point. In the weapons section (39-17-13xx), justifiable self defense only exempts one from any state charges within that part, not local ones or charges in any other part of TCA.

If there something else in the self-defense section?

- OS

Edited February 22, 2017 by Oh Shoot

[JayC]

1 hour ago, Oh Shoot said:

Minor point. In the weapons section (39-17-13xx), justifiable self defense only exempts one from any state charges within that part, not local ones or charges in any other part of TCA.

If there something else in the self-defense section?

- OS

39-17-1314b2:

Quote

The discharge of firearms within the boundaries of the applicable city, county, town, municipality or metropolitan government, except when and where the discharge of a firearm is expressly authorized or permitted by state law;

39-11-611 and 39-17-1322 both allow you to expressly use a firearm for self defense.  While some might argue that 39-17-1322 only protects you from state charges, I'd argue that since the state allows cities and counties to have laws against discharging a firearm under 39-17-1314, activities protected by 39-17-1322 are exempted from the purview of the cities/counties.  Either way 39-11-611 allows you to use deadly force or the threat of deadly force, which would clearly be covered under 1314b2 removing the ability of cities to charge you if you're involved in a self defense shooting.

[Oh Shoot]

15 minutes ago, JayC said:

39-17-1314b2:

Thanks, that extra phrase in the "discharging in city limits" part of state preemption statute hadn't stuck in my brain pan. That pretty well covers it within with the rest of the self defense statutes I'd think.

- OS

 

[JayC]

2 hours ago, Oh Shoot said:

Thanks, that extra phrase in the "discharging in city limits" part of state preemption statute hadn't stuck in my brain pan. That pretty well covers it within with the rest of the self defense statutes I'd think.

- OS

 

It was my turn, you've caught a couple of mistakes...  Truth is we probably know state firearm laws better than 90% of attorneys in TN

[m16ty]

There are no federal or TN state laws preventing truckers from carrying guns. It's hard for a over-the-road trucker to do it though. He/she has to travel through many states and sometimes Canada, some of which frown on loaded firearms of any kind being in a vehicle. 

Most larger trucking companies have a policy of no firearms. I wouldn't let this stop me though, just don't tell them. I suppose if you have to use it you would likely get fired, but that would be the least of your worries if you saved your life. 

I drive a truck some and carry everywhere I go, I only travel to states that recognize the TN permit though. I've been checked in TN, AL, and KY, no problems.