handgunlaw.us

[gfd_703]

What is up with handgunlaw.us saying carry in state parks in Tennessee is a yes? Did I sleep through that law change or are they wrong? If is is incorrect does anyone have contact with them to correct this? State park and restraunt carry are the main reasons I spend a lot of money on the Kentucky side of the line, and my representives know this and just do not care.

[waynesan]

Handgunlaw.com is wrong on this one. Tn state law has not changed. We still cannot carry on any government owned land used for recreation (state, city, or county). This is spelled out under the heading for Tn at HGL.

There is a "contact" link on their home page to send them an email. I don't have outlook so I couldn't use it. Someone else needs to try and get this corrected.

[Marswolf]

It's not as simple as that. This gets back to handguns not being listed in 39-17-1302 that relates to weapons not allowed in parks. However, all state parks I know of are posted with a slashed handgun sign. If those signs were there by July 1, 2000, under TCA they are legal to prevent your carry.

Actually, Handgunlaw.us is correct in my opinion, but I wouldn't want to be the test case.

[Guest GlocKingTN]

That could/would be a horrible way to test the law. I will also leave that one to someone else!

[Marswolf]

It's really a moot point. All the parks are posted.

[Gary Slider]

The TN Law does not Mention Firearms so Handgunlaw.us Says Yes unless posted. IT was stated they all were posted. I believe that under the law they have to be posted. I have been in contact with many different people in TN in and out of government and they believe what I have posted on Handgunlaw.us is the correct way to describe the situation for Carry in State Parks.

[Guest bulletproof]

Someone correct me if I'm wrong but I was told in the Handgun Carry class that even though we couldn't actually carry in state parks we could still have our carry handgun in the car as long as we didn't touch it. The same is true for school property.

[Guest Metal]

Bulletproof

Thats what they told me too..

[Marswolf]

Someone correct me if I'm wrong but I was told in the Handgun Carry class that even though we couldn't actually carry in state parks we could still have our carry handgun in the car as long as we didn't touch it. The same is true for school property.

As I read TCA, I think they are wrong. I have found instructors at these classes are often wrong, unfortunately. It's up to you to determine the law. That's what my instructor told our class.

They took one section of Tennessee Code Annotated about schools and somehow think it applies to parks.

39-17-1309. Carrying weapons on school property. -

© (1) It is an offense for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. It is not an offense under this subsection © for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property.

Now the Tennessee Code about parks:

39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. -

(a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.

Two points here. First, handguns are not included in § 39-17-1302(a), so you should be able to carry a handgun if the place is not posted. But, if handgun carry is not permitted then, second, nothing in the Code says you can possess the weapon in a car as long as you don't handle it. That provision is specifically permitted under TCA on school property only.

Mere possession of certain weapons under § 39-17-1302(a) are prohibited in parks. And if the park is posted (it is) then even if not listed under § 39-17-1302(a), you may not have a handgun there under:

39-17-1359. Prohibition at certain meetings - Posting notice. -

(a) An individual, corporation, business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person otherwise authorized by §§ 39-17-1351 - 39-17-1360, at meetings conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity or government entity.

There is no reason for the law to be this convoluted. The laws need to be written in such a way that the public knows for certain what is allowed and what is not allowed.

Bottom line for me, if isn't posted, handgun carry is legal in a park because it isn't listed under § 39-17-1302(a). If it is posted, you can't even have the handgun in your car.

[Mike.357]

you may not have a handgun there under:

stupid question now. If a handgun is locked in the trunk, seperate from ammunition or magazines still considered " in posession" in your opinion?

Something else I just thought of. What about Rest Stops on the interstate. Are they considered parks? Is carry legal in these places?

[dariks]

39-17-1309. Carrying weapons on school property. -

© (1) It is an offense for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. It is not an offense under this subsection © for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property.

Does that mean that I can have my handgun in the glovebox or lockbox of my truck while on school property while I am there as a contractor? If so, has this been tested by any case law?

[Guest CrazyLincoln]

39-17-1302. Prohibited weapons. —

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

(3) A machine gun;

(4) A short-barrel rifle or shotgun;

(5) A firearm silencer;

(6) Hoax device;

(7) A switchblade knife or knuckles; or

(8) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.

Since it's technically a suppressor, and does not silence the firearm, would a an unregistered suppressor be legit under state law? I know this point is moot since it would violate federal law, but just to play devil's advocate....

[Marswolf]

Does that mean that I can have my handgun in the glovebox or lockbox of my truck while on school property while I am there as a contractor? If so, has this been tested by any case law?

While I think the intention of the legislature was to allow you to have a gun in your car when you picked up your kids, I see nothing that says you have to be in the immediate vicinity of the handgun.

[Tim Nunan]

stupid question now. If a handgun is locked in the trunk, seperate from ammunition or magazines still considered " in posession" in your opinion?

Something else I just thought of. What about Rest Stops on the interstate. Are they considered parks? Is carry legal in these places?

You may legally carry on Interstate rest stops in Tennessee.

[Guest dotsun]

Does that mean that I can have my handgun in the glovebox or lockbox of my truck while on school property while I am there as a contractor? If so, has this been tested by any case law?

That's how I read that section of code, I just hope the local DA concurs if I'm ever caught.

[Guest Kingfish]

It's really a moot point. All the parks are posted.

Sorry Mars, all parks ARE NOT posted.

NO parks in Bedford or Lincoln counties are posted. I have been to all of them many many times. Have even been to a few parks in Nashville and a few in Marshal county and have never seen a sign (and I have looked.)

Please don't misunderstand, I am NOT advocating carry in any park, but it is clearly legal but almost certainly will result in an arrest.

Having moved to Alabama, I got a trade off. No open carry(although perfectly legal) but can carry in parks (except state parks.)

[Guest Metal]

Kingfish

Where abouts in AL. I live just north of Florance and have lots of ?'s

[Marswolf]

Sorry Mars, all parks ARE NOT posted.

I was referring to state parks but can see I wasn't clear. Municipal parks are another question. Most I have seen are not properly posted.

According to Tennessee State Parks policy, "Firearms are allowed at authorized firing ranges and at parks with authorized hunts. Firearms in transit must be unloaded and cased. No other firearms are allowed."

http://tennessee.gov/environment/parks/FAQs.shtml#firearms

Note the firearms in transit thing. I'm interpreting that to mean in transit to a hunt or firing range.

[Guest damenace]

This is a great topic, especially with it being about the written laws regarding where one may legally carry his firearm. I am not a lawyer, but at this moment, I wish that I were so that I would be able to understand what is written in the law. As I have been reading these sections I have pulled out my old dictionary to refresh my memory of what certain words mean and have been applying the definitions. For instance, the word possess means to own, have ownership of. Now that means to me that since I own a firearm, then, I would not be allowed to have it with me at the places mentioned in 39-17-1311 and 39-17-1359 with the intent to be armed, that being fully loaded and ready to be used without any other actions such as unlocking a case, pulling ammunition from its container, loading it into a magazine, inserting the magazine into the firearm, and readying it to fire. Oh, by the way, I forgot to mention that I would have to go to my trunk or lock box first. So according to this, if I am carrying my firearm and happen to decide to stop at any of these places listed, then I had better find a safe place to stop at and render my firearm to its unuasable state.

Just jokingly, the next time I go to a park I will borrow a friend's firearm to carry, that way I will not be in direct violation of these written laws.

I do not mean to seem absurd, but I just could not resist. No wonder some people choose not to obey the law, they simply can't understand it. I know ignorance is no excuse.

[Guest Kingfish]

Kingfish

Where abouts in AL. I live just north of Florance and have lots of ?'s

We live in Auburn (Lee County.) Can't be much help besides talking about state laws, which isn't much help because sheriffs regularly ignore state laws.

[Marswolf]

As I have been reading these sections I have pulled out my old dictionary to refresh my memory of what certain words mean and have been applying the definitions.

Yeah, this is always a bit tricky. Terms may (and should) be defined in the Code itself. If they are common terms and not defined by the legislature, they fall back to a standard definition that you might find in, for inststance, Black's Law Dictionary. But you have to read the code to see if the term's definition in a particular statute has been defined in the language of the law itself. If they want to, the legislature may define a horse as a mouse, or an AK-47 as a handgun....