No HCP on personal property?

[THE COOP]

Hopefully I'm only days away from receiving my HCP so my question is can I carry on my property meaning my front and back yard? I thought I could and have been getting used to carrying but I thought I read a thread last night and someone stated they had a LEO check to see if the individual had a HCP in his yard? Thanks COOP

[TNTitan]

I dont believe you ever need a permit to carry on your own property. Just in public.

[nightrunner]

if you are on your personal property, no you dont

[LagerHead]

You did see a post about an LEO asking to see a permit. 2 notes on that. 1) you don't have to have on your property, but 2) you DO have to produce it when asked by an LEO, no matter where you are.

[BigPoppa]

You did see a post about an LEO asking to see a permit. 2 notes on that. 1) you don't have to have on your property, but 2) you DO have to produce it when asked by an LEO, no matter where you are.

What he said.

[Guest jth_3s]

You did see a post about an LEO asking to see a permit. 2 notes on that. 1) you don't have to have on your property, but 2) you DO have to produce it when asked by an LEO, no matter where you are.

You are not required to have an HCP or show it to an officer while carrying on your own property.

[saintsfanbrian]

Actually, as an HCP holder you ARE required to show it regardless of where you are or if you are carrying it or not if a Law Enforcement Officer asks for it.

That's in the law. so is this

(t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual or individuals provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder.

So even if you are inside your home, the officer can disarm you.

[Guest jth_3s]

I didnt realize that having a permit acutally took away some of my rights. That law sucks ass

[Guest jth_3s]

So could an officer go into a Range and ask to see permits?

[TNTitan]

So could an officer go into a Range and ask to see permits?

sure. He could ask. Doesnt mean people there are required to have them.

[saintsfanbrian]

sure. He could ask. Doesnt mean people there are required to have them.

I believe you are incorrect here.

Per the TN code:

(n) (1) Except as provided in subdivision (n)(2), a permit issued pursuant to this section shall be good for four (4) years and shall entitle the permit holder to carry any handgun or handguns that the permit holder legally owns or possesses. The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer.

This law does not state whether you are on private or public property. Only that on demand of a law enforcement officer you shall display the permit.

[LagerHead]

I didnt realize that having a permit acutally took away some of my rights. That law sucks ass

Yes and no. It is illegal to carry a handgun in Tennessee. Special exemption is made for HCP holders. So in essence, you paid to have more rights than other citizens. Love it or hate it, that's the way it is.

So could an officer go into a Range and ask to see permits?

Yes and no again. You don't have to have a permit to own a gun, or to fire one. It is legal to carry an unloaded firearm in your trunk, away from your reach without a permit, so doing this wouldn't really prove anything. Besides, LEO's are like you and me. They have better things to do with their time, for the most part, than to harass people at the range.

[Guest logicprevails]

So even if you are inside your home, the officer can disarm you.

Since the 4th Amendment provides protection against unreasonable search and seizure, the officer would first have to be granted permission for entry in absence of a warrant.

[TNTitan]

sure. He could ask. Doesnt mean people there are required to have them.

I believe you are incorrect here.

Per the TN code:

This law does not state whether you are on private or public property. Only that on demand of a law enforcement officer you shall display the permit.

I'm pretty sure I'm right. You dont need a permit to shoot at a range. Which is what I mean by saying people at ranges aren't required to have them.

It is a defense to unlawful carrying if the possession

or carrying was:

• Incident to lawful hunting, trapping, fishing,
  camping, sport shooting or other lawful activity;
  

Edited August 27, 2009 by TNTitan

[Guest logicprevails]

They have better things to do with their time, for the most part, than to harass people at the range.

The only LEO that comes to mind that may be of concern would be the Officer Pumpy:screwy: of the THP

[Guest tonybon]

I carry even when I mow my yard. If ask for my HCP I will show it. Im proud of mine heck Ill show it to almost anybody, but I will ask him why he is on my property.

[saintsfanbrian]

I'm pretty sure I'm right. You dont need a permit to shoot at a range. Which is what I mean by saying people at ranges aren't required to have them.

It is a defense to unlawful carrying if the possession

or carrying was:

• Incident to lawful hunting, trapping, fishing,
  camping, sport shooting or other lawful activity;
  

But if you have a permit and a Law Enforcement Officer demands it you MUST show it is all I was saying. Just because you are not performing an unlawful activity doesn't negate the section of the law that states that you SHALL present it upon demand from a law enforcement officer who is doing his job.

[TNTitan]

I understand what you are saying regarding HCP holders. My comment remains that just because someone is at a Range, doesn't mean you need to produce a permit if LEO asks. I dont have to, but you would. We are in agreement on this.

[saintsfanbrian]

Yes, if you do not have a permit and are at a range, in your back yard, at Grandma's house etc and an LEO asks you to present a permit you don't have to because you don't have one. I have one so I would have to.

We are agreed. Having a permit means more responsibilities which I hope is considered prior to getting one.

[TNTitan]

one would hope...

[Guest jth_3s]

I think it is sad that Tennesseans have to purchase their rights. Kind of makes me want to move to Arizona where they dont even require a permit to carry an EBR to the grocery store.

[THE COOP]

Thanks for answering that question, I thought I was alright carrying my hand gun while I'm mowing and working around the yard I just wanted to make sure. I wont even ask the question what if I'm drinking a beer or two during my yard work!!!!! COOP

[JayC]

Hopefully I'm only days away from receiving my HCP so my question is can I carry on my property meaning my front and back yard? I thought I could and have been getting used to carrying but I thought I read a thread last night and someone stated they had a LEO check to see if the individual had a HCP in his yard? Thanks COOP

As the law is currently written you do not need a permit on your property or your business to carry openly or concealed.

If you do have a permit, you're required to produce it for a LEO even if you're on your home property under the current law. It's a silly loophole which hopefully will get corrected next session.

[Oh Shoot]

As the law is currently written you do not need a permit on your property or your business to carry openly or concealed.

If you do have a permit, you're required to produce it for a LEO even if you're on your home property under the current law. It's a silly loophole which hopefully will get corrected next session.

A "loophole"? For who?

I really don't see it as an issue.

Either you have one or you don't, what's the big deal either way as long as you're carrying legally either way?

- OS

[Fallguy]

As the law is currently written you do not need a permit on your property or your business to carry openly or concealed.

If you do have a permit, you're required to produce it for a LEO even if you're on your home property under the current law. It's a silly loophole which hopefully will get corrected next session.

You know....come to think of it, as you said in another thread, possession of a loaded weapon is illegal in TN, period, actually even on your property. Being on your property is just a defense like having a HCP is a defense.

So one might say the LEO is asking for the HCP as identification to make sure that is your residence.