How is "with the intent to go armed" defined???

[Guest Muttling]

First off, MAJOR cudo's to the members of this site. You guys are GREAT at linking actual laws and rulings that get right down to it. I really appreciate it.

I have heard that "carrying with the intent to go armed" isn't well defined by the law and have never really heard a good explanation of what it means. Can any of you legal whiz kids give me a better understanding of this law?

[mousegunner]

"Oh, I didn't know I had that 45 in my waistband! I just forgot it was there! I never intended to be armed! I must have Alzheimer's!" I guess that's not what it means, but it sure sounds like it.

[Guest clsutton21]

First off, MAJOR cudo's to the members of this site. You guys are GREAT at linking actual laws and rulings that get right down to it. I really appreciate it.

I have heard that "carrying with the intent to go armed" isn't well defined by the law and have never really heard a good explanation of what it means. Can any of you legal whiz kids give me a better understanding of this law?

I'm pretty sure all it means is that you aren't allowed to take a weapon with you that you plan on using at some point, either to defend yourself or use on someone.

[Guest Muttling]

The closest thing I've found in my Googling is an outdated opinion from the Tn attorney general.

This thing is thick and hard to read, but all I can draw from it is what you are allowed to do under the old laws. I can't draw from it what really constitutes a violation of the law and it makes a rather sweeping statement of:

the carrying of a firearm is prohibited only when it is carried in a manner so as to be "readily accessible and available for use in the carrying out of purposes either offensive or defensive."

This is the AG's opinion not the actual law. As I understand it, the code is written so that it applies clubs, knives, etc.

I repeat, this is a very outdated opinion that was issued before HCP's in Tennessee.

AG 96-080

[Punisher84]

From what I've always been told from LEOs and different instructors, lawyers,etc was "intent to go armed" was basically knowingly carrying a prohibited weapon that was readily accessible.

I've heard the "3 step rule" that basically says if it takes you 3 steps or less to load the gun and ready it to fire it could be intent to go armed.

I'm also pretty much certain that, as it pertains to firearms, to be charged with intent to go armed the gun doesn't actually even have to be loaded. I guess that goes along with the how would the person on the receiving end know the gun isn't loaded argument.

Don't know if this helps or confuses you more lol

[Oh Shoot]

..I have heard that "carrying with the intent to go armed" isn't well defined by the law ...

For sure, it is NOT defined in TCA.

- OS

[LagerHead]

I think the AG's quote pretty much sums it up. If you are carrying a weapon in a manner that makes it easily accessible for use, you carrying with an intent to go armed. So to be safe, if you don't have a permit and you are carrying your gun, keep it in a gun box, or unloaded in a range bag, or in your trunk if you are in your car. If you have a HCP, carry with the intent to go armed.

[Fallguy]

Can't argue with anything said.....also can't really think of anything to add.

I just wanted to be included...

[Tim Nunan]

I think the AG's quote pretty much sums it up. If you are carrying a weapon in a manner that makes it easily accessible for use, you carrying with an intent to go armed. So to be safe, if you don't have a permit and you are carrying your gun, keep it in a gun box, or unloaded in a range bag, or in your trunk if you are in your car. If you have a HCP, carry with the intent to go armed.

I believe having a HCP is an "affirmative defense" for the violation of carrying with the intent to go armed, i.e., you are in violation of that law but having a HCP permits you to violate this law.

[Guest beefcakeb0]

its up for interpretation, but it seems like common sense. you know if your armed, its hard to go armed unintentionally.

[Guest Muttling]

Thanks for all the replies guys.

Obviously, our focus is firearms and an HCP allows us to legally go armed so long as we don't commit a crime while doing so.

I was mostly curious as to whether or not there was a better definition. For example, I worked through college as an unarmed guard. I could carry a Mag Light so long as it was 4 cells or less. A 5 or 6 cell mag light was considered to be going armed as that was a weapon (or so I was trained.)

[Fallguy]

Thanks for all the replies guys.

Obviously, our focus is firearms and an HCP allows us to legally go armed so long as we don't commit a crime while doing so.

I was mostly curious as to whether or not there was a better definition. For example, I worked through college as an unarmed guard. I could carry a Mag Light so long as it was 4 cells or less. A 5 or 6 cell mag light was considered to be going armed as that was a weapon (or so I was trained.)

Well I think the key word is "intent".

39-17-1307 also says a club is illegal.

A bat could easly be a club, so it could boil down to the subjective opinion of the LEO and/or Judge....are you going to the ball game or are you carrying it around with the intent to be armed?

[mousegunner]

<table valign="top" cellpadding="0" cellspacing="0" width=""><tbody><tr><td class="title" align="left" nowrap="nowrap" valign="bottom" width="*"> Niccolo Machiavelli Quote </td><td valign="top" width="100%"> <table class="header" cellpadding="0" cellspacing="0" width="100%"> <tbody><tr> <td class="logo" valign="bottom"></td> </tr> </tbody></table> </td></tr> </tbody></table>

"Among other causes of misfortune

which your not being armed brings upon you,

it makes you despised..."

[Fallguy]

Here is a list of court cases in the TN court system dealing with the "intent to go armed".

The first case about brass knuckles is sort of interesting.

[Oh Shoot]

its up for interpretation, but it seems like common sense. you know if your armed, its hard to go armed unintentionally.

I dunno.

You ever carried a 2.5" or longer blade pocketknife into a post office?

- OS

[Guest Muttling]

I dunno.

You ever carried a 2.5" or longer blade pocketknife into a post office?

- OS

Is it 2.5 or 3??? I carried a really nice folding Buck knife for years that was 2 7/8ths inch. (Lost it after field dressing a buck and accidentally leaving it in the field.)

I thought the rule was 3 inches.

[Guest Muttling]

Here is a list of court cases in the TN court system dealing with the "intent to go armed".

The first case about brass knuckles is sort of interesting.

Thanks dude!!!!

Very interesting and informative reading. Very thick and chewey, but good.

It appears to me that charging someone with carrying with intent is pretty easy, but proving it is pretty tough. This law seems to carry a heavy burden of proof on the prosecution with respect to dual purpose items like the case you pointed out.

Here's the link:

http://www.tsc.state.tn.us/OPINIONS/tcca/PDF/004/harmonjoseph.pdf

[Fallguy]

Is it 2.5 or 3??? I carried a really nice folding Buck knife for years that was 2 7/8ths inch. (Lost it after field dressing a buck and accidentally leaving it in the field.)

I thought the rule was 3 inches.

I guess it depends on where.....

TN law is 4", the condition of entry signs where I work say, 3". Not sure about the post office.

[Guest beefcakeb0]

I dunno.

You ever carried a 2.5" or longer blade pocketknife into a post office?

- OS

not legally

[Oh Shoot]

Federal law (for federal buildings) is LESS than 2.5".

TN law is 4".

- OS

[Oh Shoot]

Is it 2.5 or 3??? I carried a really nice folding Buck knife for years that was 2 7/8ths inch. (Lost it after field dressing a buck and accidentally leaving it in the field.)

I thought the rule was 3 inches.

See how easy is it to unknowingly go armed?

- OS

[Guest beefcakeb0]

ima bad boy & believe bad stuffs happen when it not allowed, that said, you can guess where i carry

[Guest Muttling]

See how easy is it to unknowingly go armed?

- OS

I agree. It's one thing to make the laws pretty straight up, it's something else to make them you can here, but not there and over there is another story all together.

I wish you well beefcake, but you could easily wind up being Bubba's beefcake for defending yourself with a 4 inch blade when a 3 inch would have gotten then job done legally.

On a similar note, I have friends who load the old synthetic hollow points and know they are illegal. I question WHY. If you have to shoot, they will know what you were shooting and a Black Talon isn't so much better than a Corbon that you should risk it.

[Oh Shoot]

I agree. It's one thing to make the laws pretty straight up, it's something else to make them you can here, but not there and over there is another story all together...

Yep. Especially now with county/city rec areas and everything, feel like I need to carry another holster with a tiny lawyer in it.

- OS

[Guest Muttling]

Yep. Especially now with county/city rec areas and everything, feel like I need to carry another holster with a tiny lawyer in it.

- OS

Let me know when you find an IWB attorney holster.