Law question: Carrying long guns in car

[Guest AR15thur]

It never occured to me until I read a blurb about it on another site, and I've searched and can't find a definitice answer.

How am I legally allowed to transport an AR-15 or similar style rifle or shotgun in a vehicle? I understand that the magazine should be removed, but do the magazine need to be unloaded as well?

I read that last part somewhere, and I had no idea that might actually be law. I've got quite a few mags that i leave loaded in my gun case for trips to the range, so I don't spend my day reloading magazines.

Can someone enlighten me a bit?

Edited February 25, 2009 by AR15thur

[Fallguy]

The weapon must be unloaded and the ammo for it not in the immediate area of the weapon or you. 39-17-1308(a)(1)

The mags being loaded are probably fine, as long as they are not stored with or near the weapon or you.

[Guest AR15thur]

The weapon must be unloaded and the ammo for it not in the immediate area of the weapon or you. 39-17-1308(a)(1)

The mags being loaded are probably fine, as long as they are not stored with or near the weapon or you.

So the mags being stored in the a separate zippered compartment of the gun bag would be a no-no then, right?

[Fallguy]

So the mags being stored in the a separate zippered compartment of the gun bag would be a no-no then, right?

If they are loaded....Yes, IMO

[Guest betobeto]

Good to know. I have always carried my shotgun with shells on the side saddle in the car. Guess I need to stop. Heck I just rolled thought a road block down off exit 11 on monday with it sitting on my front seat. I didn't even think about it. I guess that could of caused a world of SH*t for me.

Thanks for asking the question.

[Guest AR15thur]

This is kind of an addendum to the question, and I probably know the answer is no. But does having a carry permit change the legality of carrying a loaded/mags within reach rifle?

[Guest Fenris]

From my understanding, no. the HCP is a handgun carry permit and does not change how you carry long guns.

[Fallguy]

This is kind of an addendum to the question, and I probably know the answer is no. But does having a carry permit change the legality of carrying a loaded/mags within reach rifle?

Not yet....

There is a bill (HB0390/SB0578) in the legislature that would allow those with a HCP to carry loaded long guns in their vehicles.

[Fadex]

Ok...dumb question here but how can you achieve both without risking theft of your rifle?

If the rifle is in the trunk the ammo can't be in the trunk. If I'm in the drivers seat the ammo can't be in my immediate area either. So by law do I have to keep the ammo in the trunk and the rifle in the back seat visible to everyone who might walk by??

[Rightwinger]

There is nothing that says it has to be visible. I think if you had the ammo in a bag or can and the rifle in the trunk, your fine. BOTH are then not readily accessible to you. You have to stop, get out and pop the trunk to get at them. No more time or access issues than if you had the rifle on the seat and the ammo in the trunk.

Apparently those 20 seconds to put the items back together save lives.

[Guest slim]

So, i guess i cant keep my AK in the case and the mags loaded in the mag pouches on the case!

[Guest Abominable_Hillbilly]

The weapon must be unloaded and the ammo for it not in the immediate area of the weapon or you. 39-17-1308(a)(1)

The mags being loaded are probably fine, as long as they are not stored with or near the weapon or you.

(4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;

I wonder how this has been interpreted. Is driving home from the range an activity that has been deemed "incident to lawful sport shooting"?

[Fallguy]

I wonder how this has been interpreted. Is driving home from the range an activity that has been deemed "incident to lawful sport shooting"?

Good question.

Unfortunately you could probably ask 100 different people and get 100 different answers.

Not sure if there has ever been a court case on this or not.

[G27]

Not yet....

There is a bill (HB0390/SB0578) in the legislature that would allow those with a HCP to carry loaded long guns in their vehicles.

Wow, I wasn't aware of that - very nice.

[Mike.357]

I though we had already come to the conclussion that loaded long gun mags were a potential problem

no matter where they are stored in the vehicle.

More confused than ever I am

[Guest hickok]

It all seems pretty silly if you have a HCP and a fully loaded Glock on your hip.

[Guest bkelm18]

It all seems pretty silly if you have a HCP and a fully loaded Glock on your hip.

I don't follow...

[Rightwinger]

I think he is saying that if you have the Glock loaded and ready to go (legally), what's the big deal with having your deer rifle, shotgun, etc somewhere in the car or truck loaded as well. Your already armed and ready to go, now its just the semantics of what the launcher looks like.

I would prefer it to be up to the owner of the vehicle as to how we transported our weapons.

[Garufa]

If your worried about it don't drive around with loaded mags. If you must load them at home before going to the range stick'em in the glove compartment and lock it or get some kinda range bag that you can put a lock on. Technically, the same could be said for boxed ammo.

Oh, and don't get pulled over. It's gonna be up to the popo on scene what's right or wrong.

[E4 No More]

This “issue” is proof-positive that the past Tennessee legislatures have collectively been the intellectual equivalents of chimpanzees. I came from a state where open carry was fine; concealed carry was a no-no. The idea of having to even unload a long gun in the trunk of your car was preposterous. Now they even allow concealed carry with permit. How long will it take for Tennessee to catch up?

[RotorHead]

The weapon must be unloaded and the ammo for it not in the immediate area of the weapon or you. 39-17-1308(a)(1)

The mags being loaded are probably fine, as long as they are not stored with or near the weapon or you.

So, what does this do for those of us who drive pick up trucks? I have a quad cab, maybe if my long gun ammo is under the rear seat?

[Fallguy]

So, what does this do for those of us who drive pick up trucks? I have a quad cab, maybe if my long gun ammo is under the rear seat?

A lot of it may even depend on the officer. Most may say the ammo in the glove box would be ok. But to me under the rear seat would show an intent to keep it out of reach.

Hopefully the bill will pass to allow HCP holders to have loaded long guns in their vehicles.

[TNRobocop]

The thing most people forget, even some ignorant asses on other boards, is that the gun and ammo is in the trunk, even if the gun is loaded, it is inaccessible from the passenger compartment. Therefore, it is not under the "wingspan doctrine".

During a traffic stop, without probable cause that a crime has been committed, and without permission of the driver, the trunk is covered under standard 4th Amendment search and seizure prohibitations.

LE can only search the "immediate area under a vehicle occupants control" for safety/security reasons. A trunk is off-limits since it is not within that area.

SUV's/Pickups are a different matter since "technically" even in the far back of a SUV, it is a passenger compartment.

Once again it is kind of an officer discretion/driver keeps his mouth shut type of thing.

We have had this discussion at my department about this issue and my opinion is as above, since that is what was taught during law block at my police academy.

The TN State Law on the subject is extremely vague, so therefore I fall back on the Constitution of the USA and Supreme Court decisions and case law to form my opinion on interpretation.

YMMV.

[Guest david_g17]

...Hopefully the bill will pass to allow HCP holders to have loaded long guns in

their vehicles.

boy, I sure hope so. Any idea when it might be voted on?

[Fallguy]

boy, I sure hope so. Any idea when it might be voted on?

It has alread passed the house. The companion bill in the senate has not been assigned to any committee yet. HB0390/SB0578