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Explain TN constitutional carry please


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Posted (edited)

Tennessee has an exception to the crime of "carrying with the intent to go armed" (TCA 39-17-1307) permitless carry, for some people some places, it is age restricted to 21 and older unless in military or honorably discharged.  It is restricted to certain places, statutorily listed as no schools, parks or greenways, wildlife refuges, court rooms, etc., and any place posted.  It does not include long guns.

All types of permits, and, under the governors last year passed permitless carry, are either defenses against prosecution, exceptions if you meet criteria or exemptions.  None has removed the criminal aspect of any person other than LE carrying a loaded firearm off their personal property.

Since 1821 in Tennessee:

39-17-1307 (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.

Edited by Worriedman
Posted

I appreciate it but need it dumbed down. Example: Granny Sue ( never arrested and no record) sticks a .38 in her purse and goes to Kroger. She has no carry permit of any kind. Is that allowed?

Posted
49 minutes ago, Pickaroon said:

I appreciate it but need it dumbed down. Example: Granny Sue ( never arrested and no record) sticks a .38 in her purse and goes to Kroger. She has no carry permit of any kind. Is that allowed?

Assuming Kroger isn't posted, yes. 

  • Like 1
Posted

 

 

other prohibitive elements to carrying a firearm in TN

(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.

 

(h)

(1) A person commits an offense who carries, with the intent to go armed, a firearm and:
(A) Has been convicted of stalking as prohibited by § 39-17-315;
(B) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within the prior ten (10) years or one (1) time within the prior five (5) years;
(C) Has been adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution pursuant to title 33, or had a court appoint a conservator for the person by reason of a mental defect; or
(D) Is otherwise prohibited from possessing a firearm by 18 U.S.C. 922(g) as it existed on January 1, 2021.
(2) An offense under subdivision (h)(1) is a Class B misdemeanor.
 
Additionally, without a permit one cannot carry in county,city, state, or national parks.  Federal law prohibits possession of a firearm in a school zone without a permit. Also IMO open carry is a bad idea in general and should be avoided -- Legally posted property applies to all civilians as a general rule, with or without a permit.
Posted
On 3/12/2022 at 2:27 PM, Snaveba said:

And as far as I know, Kroger isn’t posted. 😎

Kroger isn’t posted, but I noticed today that Whole Foods is now posted. I don’t recall that before. It has been since December that I went to Whole Paycheck. I don’t remember noticing  the signage before. It is pretty noticeable now.  

Posted (edited)
9 hours ago, Snaveba said:

Kroger isn’t posted, but I noticed today that Whole Foods is now posted. I don’t recall that before. It has been since December that I went to Whole Paycheck. I don’t remember noticing  the signage before. It is pretty noticeable now.  

Thank Andrew Farmer, Johnny Garrett, Michael Curcio , Lowell Russell and the Democrats on Civil Justice Sub for the fact you will see more postings.

Edited by Worriedman

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