Carrying Rifle in Vehicle with HCP

[canderson]

I apologize if this is the wrong forum for this, please correct it if needed.

I'm wondering if someone can tell me the current law regarding carrying a rifle in your vehicle, such as an AR-15, if you have a valid HCP. I see references to 39-17-1307 in Google search results, but when I pull the current version, the text does not match.

What I do find is 39-17-1308:

(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;

   (2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;

Does that apply to any type of firearm or only handguns? If it allows rifles, can a magazine be in the rifle and/or round in the chamber?

Thanks in advance.

Edited June 4, 2017 by canderson

[Oh Shoot]

Anyone not prohibited by state or federal law may possess any firearm in personal vehicle for about 3 years now, no permit required.

It's in 39-17-1307, and is a exception to unlawful possession/carry, but not a defense to vehicle possession on posted or school property, that still requires a permit.

- OS

Edited June 4, 2017 by Oh Shoot

[Oh Shoot]

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.

      (C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.

(b)  (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and:

      (A) Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or

      (B) Has been convicted of a felony drug offense.

   (2) An offense under subdivision (b)(1)(A) is a Class C felony.

   (3) An offense under subdivision (b)(1)(B) is a Class D felony.

(c)  (1) A person commits an offense who possesses a handgun and has been convicted of a felony.

   (2) An offense under subdivision (c)(1) is a Class E felony.

(d)  (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324.

   (2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324.

   (3)  (A) Except as provided in subdivision (d)(3)(B), a violation of this subsection (d) is a Class E felony.

      (B) A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife.

(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.

   (2) As used in this subsection (e):

      (A) "Motor vehicle" has the same meaning as defined in § 55-1-103;

      (B) "Motor vehicle" does not include any motor vehicle that is:

         (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms or ammunition not required for employment within such a motor vehicle; and

         (ii) Provided by such entity to an employee for use during the course of employment.

(f)  (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and:

      (A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction;

      (B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or

      (C) Is prohibited from possessing a firearm under any other state or federal law.

   (2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives.

   (3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act, compiled in 26 U.S.C. § 5801 et seq., if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.

   (4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.

   (5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h), the respondent may be charged and convicted under any or all such sections.

[Sunfish]

Sounds to me like you better prepare to bond out if you encounter the traffic Cowboys trying to make Detective.