NFA question re: carry in TN

[Guest crotalus01]

Okay, I know that the HCP in TN is a Handgun Carry Permit (says so right on mine). So here is the question: could I legally carry a Serbu super shorty? For those who dont know, it is a 12 gauge shotgun about 16" in total length. Here is the kicker - BATFE has classed this an AOW as it is (by legal definition) a smooth bore pistol.

Now, I would not want to be the test case for its legality as a carry weapon, but can anyone here see anything in TN law that would make it illegal to carry? As far as I can tell it is legally a "handgun" as it is designed with a pistol grip, designed to be shot with one hand, and classed as a smooth bore pistol (some versions do have a vertical front grip but this is allowable on AOWs so I cant see it being a legal issue provided all tax stamp/paperwork is good).

Opinions?

[nightrunner]

i know 100% that if it was built as a SBS that it would be illegal but not for suer on a AOW. i am pretty sure that unless it is registered as a pistol, it cant be carried by a HCP. for example a AR pistol could be carried under the HCP but not a SBR

[Guest crotalus01]

It is an AOW, not an SBS. BATFE classes it as "smooth bore pistol". It is built of a Remington 870 virgin pistol grip from the factory. As mentioned some models do have a vert foregrip but that is allowable on AOWs so I see no problem "letter of the law" using one as a carry gun (again as stated I would NOT want to be the test case on the legality or lack thereof under TN HCP).

Just curious if I missed something in the law that would forbid carry as a defensive "handgun"

[Guest krater]

i believe i'd carry paper with it from a high source stating that it is legally a pistol.

[Guest bkelm18]

Perhaps someone should send in for an AG Opinion.

[Reservoir Dog]

Perhaps someone should send in for an AG Opinion.

Yeah, that would be the only opinion that would matter. Although, I have a feeling I know what the answer will be.

[Guest krater]

Perhaps someone should send in for an AG Opinion.

NO NO NO NO NO!!!!!

DONT get them interested in ANY crap they dont need to be.

Read the law and follow it 100%. Dont edge up to the gray area of interpretation- go by the literal reading.

And if you still have doubts, ask a knowledgable atty. And if you STILL have doubts, then Dont Do It.

But Please Please Please dont get the politicians involved!

Think!

[Daniel]

The AG is a knowledgable attorney.

[Reservoir Dog]

NO NO NO NO NO!!!!!

DONT get them interested in ANY crap they dont need to be.

Read the law and follow it 100%. Dont edge up to the gray area of interpretation- go by the literal reading.

And if you still have doubts, ask a knowledgable atty. And if you STILL have doubts, then Dont Do It.

But Please Please Please dont get the politicians involved!

Think!

I couldn't disagree more.

The AG is the authority on TN law. Better to get an informed opinion than to carry a weapon you think is legal.

[Guest bkelm18]

NO NO NO NO NO!!!!!

DONT get them interested in ANY crap they dont need to be.

Read the law and follow it 100%. Dont edge up to the gray area of interpretation- go by the literal reading.

And if you still have doubts, ask a knowledgable atty. And if you STILL have doubts, then Dont Do It.

But Please Please Please dont get the politicians involved!

Think!

If you are going to carry a NFA weapon, you better be DAMN sure you are on the right side of the law, and the only way I can see that happening is to have the AG rule on that.

Edited March 2, 2009 by bkelm18

[Guest jwp]

Why can't people stop trying to be 'cute'?

There is no reason to carry an AOW around.

[Guest Schwarzgebrannt]

Not unless your name is Gecko45.

[Guest crotalus01]

I was not trying to be cute, and I am not planning on carrying around a Serbu or any other NFA weapon. I was merely asking opinions on the legality of it under TN law because I am interested in gun laws and the grey areas that exist in them.

As for no need to carry an AOW around, are you really serious? A Wallet holster/gun combo seem like a perfectly legit AOW to carry.

[Guest krater]

I couldn't disagree more.

The AG is the authority on TN law. Better to get an informed opinion than to carry a weapon you think is legal.

This man effectively has the power to MAKE law. If he issues an opinion, you WILL lose another portion of your 'Right'. Witness the ATF 'is the Akin device REALLY not NFA?' fiasco.

You Ask and We Will ALL Lose. Know the law or Leave it the F alone. And jwp has a valid point.

[Guest bkelm18]

This man effectively has the power to MAKE law. If he issues an opinion, you WILL lose another portion of your 'Right'. Witness the ATF 'is the Akin device REALLY not NFA?' fiasco.

You Ask and We Will ALL Lose. Know the law or Leave it the F alone. And jwp has a valid point.

Lol ok... So what would we lose? The right to carry NFA weapons? Something that we may or may not even be able to do now? So what if we ask and he says yes, you can. He has in fact ruled in our favor before. Just because he issues an opinion doesn't mean its going to be bad, unless you're the type that runs in fear of the mere mention of the word "Government". Fear not, the government can, in fact, be made to work in your favor. Crazy isn't it?

[Guest crotalus01]

So what is jwp's valid point???? No need to carry an AOW?

Again I ask, is carrying a *Wallet holster/gun combo not legitimate?

*Just FYI, a Wallet holster with a gun in it is an AOW. Want to know why? Ask the BATFE.

Edit to add that the TN AG will NOT issue an opinion to an individual. It must be an official request from a Judge, lawyer engaged in a legal case etc. He doesnt give an opinion to just any Joe Blow that emails or writes to ask. And I agree, asking for an opinion might not be the best idea, whether he opined or not (no need to put NFA on the radar). DUH. Thats why I asked here...if I really intended to carry a Serbu I would have hired an attorney and gotten an AG opinion, if possible.

Edited March 4, 2009 by crotalus01
idiots

[Oh Shoot]

...*Just FYI, a Wallet holster with a gun in it is an AOW. ..

To be precise, only one in which you can fire the gun without removing it from said holster.

- OS

[Guest krater]

Read up on the Akins story and tell me who screwed up. Subguns.com NFA board for the Clueless.

[Guest rdl65]

How about just carrying a pistol like everyone else? Then you wont have to worry if it is illegal. No sense in taking the chance. If you live in an area where you need such a weapon for defense I would think about moving.

[Guest crotalus01]

If you had bothered to read all of my posts I stated very clearly I had no intention of carrying the Serbu, it was just a question on the legality under TN law.

Additionally there ARE people who carry the Serbu legally for self defense, just none that I know of in TN.

[TNRobocop]

Frank Jackoff, I mean Maschoff, formerly of ETS, Inc. brought this subject up to the AG's office and was trying to get a ruling. To the best of my knowledge, it was shot down.

AOW's and SBS's are not legal in TN for carry on the HCP.

End of story.

[Guest crotalus01]

Thanks for that info TNRobocop. Do you have a cite regarding the law/opinion saying AOWs are not covered under TN HCP laws?

Trust me (or not) - I am not looking to call you a liar as I have had dealings with Frank and ETS. They did right by me (barely) but I have heard nothing but bad things - I must have gotten really lucky.

At any rate can you specify where in TN law it prohibits AOW carry?

[Daniel]

It doesnt say it specifically. The ag just opines that its illegal. Is what he is saying. I realize you are asking for a specific .gov web address citing it but it doesnt look like he has one.

[Reservoir Dog]

If there was an actual opinion issued on this matter, it should be included on the AG's website: http://tn.gov/attorneygeneral/opyear.htm

[Guest Thatguy39123]

Does anyone know if there is an AG opinion / case law / statute concerning carry of a registered suppressor on a handgun with paperwork in TN?