Legal question

[Guest TNcumminsGUY]

My dad bought me a springfield xd sub compact .40sw to practice on before I get a carrying permit( I'm 20) and to carry when deer hunting. The other day we were talking about if it is illegal for me to have the pistol on me when deer hunting and if I can legally "use it" if needed in my home. Sometimes I hunt areas that are dominated by meth labs

When deer hunting I transport the pistol in it's case but keep the mags in my toolbox and in a locked box and my deer rifle in it's case and unloaded. If I ever get pulled over will I get in trouble for having the pistol in my truck? Also if a game warden came up on me hunting, would I get in trouble for having it on me?

Also another question, Is it illegal for me to keep the handgun loaded in my bedside table? I've been told if I ever use it that I can get in trouble and they will take it.

[Guest jackdm3]

An attorney or veteran of this site will answer your first questions, but I'm of the belief that you can ANYTHING you want with your guns inside your home if it's not loud enough to disturb anyone.

[TMMT]

I'll defer to the Possum Police on the hunting question, don't follow those laws too closely.

But using it for self defense in your own home on your own property your fine and keeping it loaded on your nightstand your fine as well.

There is no age of defense requirements, your 12 year old little brother could grab up the gun and blast a home invader an there would be no statutory legal trouble.

[Oh Shoot]

I'll defer to the Possum Police on the hunting question, don't follow those laws too closely.

....

I think you're ok on caliber, but pretty sure there's a 4" barrel minimum, at least for large game.

But you should ask the hunting question in the hunting forum.

Carry of any handgun is now permitted in most places one would hunt with HCP, but that doesn't concern you yet, and even so, I guess that would still be a violation if one intended to hunt with a handgun that didn't meet TWRA length/caliber rules. In your case, pretty sure you could only be carrying a handgun if it were okay to use said handgun on whatever game was in season where you are carrying it and of course you had a hunting license for that game class.

Again, though, ask in the hunting forum, they'll set you straight.

- OS

Edited October 13, 2009 by OhShoot

[hardknox00001]

I think you're ok on caliber, but pretty sure there's a 4" barrel minimum, at least for large game.

I guess that would still be a violation if one intended to hunt with a handgun that didn't meet TWRA length/caliber rules. - OS

I am getting the feeling the OP is carrying the handgun for protection only, ie, hunting in areas dominated by meth labs. If you are not using the handgun for hunting but for protection only, does that make a difference on legal/illegal?

My guess would be that there could be a problem in that you would have to prove somehow that the handgun was only there for protection and not being used for the hunting.

[Guest Muttling]

I am getting the feeling the OP is carrying the handgun for protection only, ie, hunting in areas dominated by meth labs. If you are not using the handgun for hunting but for protection only, does that make a difference on legal/illegal?

My guess would be that there could be a problem in that you would have to prove somehow that the handgun was only there for protection and not being used for the hunting.

As I understand it, you can't carry a side arm while hunting unless it's your hunting weapon or you have an HCP. Carrying it for self defense is carrying it with the intent to go armed.

On that, are you bow or gun hunting? I'd certainly pick a semi-automatic rifle or a shotgun with slugs over a pistol for defending myself and that's your hunting weapon.

[KahrMan]

I think you're ok on caliber, but pretty sure there's a 4" barrel minimum, at least for large game.

But you should ask the hunting question in the hunting forum.

- OS

Ohio is correct. Your pistol mush have at least a 4" barrel for you to carry it with you deer hunting. Also, you can only carry it during gun season, not during archery or muzzleloader seasons. Having a hcp makes no different on this. You are only allowed to carry weapons specified by the TWRA when hunting.

As I understand it, you can't carry a side arm while hunting unless it's your hunting weapon or you have an HCP. Carrying it for self defense is carrying it with the intent to go armed.

On that, are you bow or gun hunting? I'd certainly pick a semi-automatic rifle or a shotgun with slugs over a pistol for defending myself and that's your hunting weapon.

Doesn't matter if you are carrying your pistol for self defense only. It still must meet the minimum requirements set forth by the TWRA to have it on your person when hunting. You also do not need a hcp to carry a pistol when hunting. Just make sure it is unloaded when you are transporting it to and from your hunting location.

[Guest HexHead]

Silly question, but you're carrying your hunting rifle or shotgun with slugs or buckshot. Using Clint Smith's analogy "you only use a pistol to get to your rifle", do you really feel under-gunned?

[Oh Shoot]

Ohio is correct. Your pistol mush have at least a 4" barrel for you to carry it with you deer hunting. Also, you can only carry it during gun season, not during archery or muzzleloader seasons. Having a hcp makes no different on this. You are only allowed to carry weapons specified by the TWRA when hunting.

Doesn't matter if you are carrying your pistol for self defense only. It still must meet the minimum requirements set forth by the TWRA to have it on your person when hunting. You also do not need a hcp to carry a pistol when hunting. Just make sure it is unloaded when you are transporting it to and from your hunting location.

What if you are not hunting, have no hunting license, but are simply walking/hiking. Or maybe accompanying a friend who is hunting?

Actually, I thought the new statutes allowed a HCP holder to carry his weapon in most all areas now, with Corps of Engineers owned land still gray.

- OS

[USMCJG]

Actually, I thought the new statutes allowed a HCP holder to carry his weapon in most all areas now, with Corps of Engineers owned land still gray.

- OS

This was my understanding as well. Can anyone clarify?

[redneck]

To my understanding(and I been hunting all my life)you cannot carry a handgun while deer hunting, even with HCP . But like they siad got to the hunting forum to see .Or

Tennessee Wildlife Resources Agency - For Hunters

[KahrMan]

What if you are not hunting, have no hunting license, but are simply walking/hiking. Or maybe accompanying a friend who is hunting?

Actually, I thought the new statutes allowed a HCP holder to carry his weapon in most all areas now, with Corps of Engineers owned land still gray.

- OS

This was my understanding as well. Can anyone clarify?

First off let me say that we may need some further clarification. I believe that the TWRA regulations have final say on what is and is not legal during hunting seasons. The TWRA opposed the carry in parks law just for this reason. They have no way of knowing if the person with a firearm is hiking or hunting illegally. I think they made a compromise in the bill that gave the TWRA authority over what is carried where during hunting seasons.

I will try to research this a little further.

[KahrMan]

To my understanding(and I been hunting all my life)you cannot carry a handgun while deer hunting, even with HCP . But like they siad got to the hunting forum to see .Or

Tennessee Wildlife Resources Agency - For Hunters

From the TWRA Hunting Guide

Legal Equipment

Deer, Bear, eLK, Boar anD FeraL Hog Hunting

1. Shotguns using ammunition loaded with single solid ball or

rifled slugs. No restriction on number of rounds in magazine.

2. Rifles using any center-fire ammunition.

3. Muzzleloading percussion cap or flintlock rifles, handguns or

shotguns of .40 caliber (.40-inches) minimum. These muzzle-

loading firearms are legal during any gun season or hunt unless

otherwise specified. Muzzleloading firearms are defined as those

firearms which are incapable of being loaded from the breech.

4. Longbows, compound bows, crossbows and other bows drawn

or held by a mechanical device.

5. Hunting arrows and bolts shall be of a barbless design and shall

have sharpened blades.

6. Centerfire handguns firing a single projectile and having a barrel

length of four inches or more.

7. Firearms and archery equipment may be equipped with sighting

devices except those devices utilizing an artificial ligof locating wildlife. Night vision scopes are illegal.

[Fallguy]

http://state.tn.us/sos/acts/106/pub/pc0606.pdf

Tennessee Wildlife Resources Agency - FAQs

May persons possessing handgun carry permits possess their handguns while on WMAs, PHAs, or refuges open to hunter access?

Recent legislative changes provide that individuals who possess a carry permit may possess their handgun while on TWRA wildlife management areas, public hunting areas, or refuges open to hunter access. The handgun may not be used for taking game unless specifically permited by TWRA regulation. This change will now allow those with carry permits to possess their handgun at times when previously it would not have been permissible such as during archery hunting. TWRA will apply this same interpretation to those possessing carry permits while hunting on private lands.

[Oh Shoot]

From the TWRA Hunting Guide

That's all for hunting.

HCP carry is a separate issue, legal in all state parks and as I understand it, all wildlife areas of any description that are managed by state of TN.

I'd say TWRA is simply going to address hunting issues on their site, and since they'd prefer the law were not as it is, simply not mention HCP carry.

The state parks system HAS acknowledged the HCP carry exception on their site though.

- OS

edit: okay, good find on the HCP quote from TWRA, FallGuy!

I was pretty sure it was a separate and legit carry issue.

Edited October 13, 2009 by OhShoot

[USMCJG]

http://state.tn.us/sos/acts/106/pub/pc0606.pdf

Tennessee Wildlife Resources Agency - FAQs

Thanks for the clarification Fallguy.

[KahrMan]

You rock Fallguy. Thanks for the clarification. I am really glad I was wrong. Sounds like they actually got the law the way it should be.

To everybody else, sorry for the confusion.

Edited October 13, 2009 by KahrMan

[Oh Shoot]

You rock Fallguy. Thanks for the clarification. I am really glad I was wrong. Sounds like they actually got the law the way it should be.

To everybody else, sorry for the confusion.

Well, none of this helps OP, of course.

He's only gonna be able to carry handgun that conforms to hunting regs.

Although as already mentioned, as far as self defense, if you already have a big bore rifle or shottie on you, why worry much about having a pistol too, seems to me.

- OS

[Guest jackdm3]

I went shooting with my cousin. 12 ga, 308, 30-06. It was funny, we shot a lot of slugs and buck for so long, then I shot his 45. I was like, "What? That's it?" Felt like a 380 compared to the highly destructive force of real ammo.

[Guest Muttling]

One note to add guys, Tennessee does not allow hunting deer with buck shot. It's slugs only.

"Possession of shotgun ammunition loaded with more than one solid ball, such as buckshot, is specifically prohibited while hunting deer, bear, boar, or feral hogs. "

Tennessee Wildlife Resources Agency - Hunting Equipment & Methods

[JayC]

Almost correct, if you're HUNTING with the weapon it must meet TWRA standards in both caliber and barrel length, and you must be hunting within season and you have a valid license for the game.

BUT if you have a HCP on land where you're allowed to carry, (private and state land - keep in mind that Core, TVA, and Federal Land depends on other regulations/laws) any handgun as long as you do not or attempt to use it to take game - unless it also meets the above standard.

So, short answer, if you're using it to hunt it must meet TWRA standards, if you have a HCP you can carry whatever you want just watch out for certain 'gray' public hunting areas.

While the law currently says you can not carry answer firearm during bow hunting, the published statement from the TWRA specifically states you are allowed to carry a handgun with a valid HCP during all hunts including (by name) bow hunting.

Ohio is correct. Your pistol mush have at least a 4" barrel for you to carry it with you deer hunting. Also, you can only carry it during gun season, not during archery or muzzleloader seasons. Having a hcp makes no different on this. You are only allowed to carry weapons specified by the TWRA when hunting.

Doesn't matter if you are carrying your pistol for self defense only. It still must meet the minimum requirements set forth by the TWRA to have it on your person when hunting. You also do not need a hcp to carry a pistol when hunting. Just make sure it is unloaded when you are transporting it to and from your hunting location.

[JayC]

To my understanding(and I been hunting all my life)you cannot carry a handgun while deer hunting, even with HCP . But like they siad got to the hunting forum to see .Or

Tennessee Wildlife Resources Agency - For Hunters

That is incorrect, here is the language from the TWRA website:

May persons possessing handgun carry permits possess their handguns while on WMAs, PHAs, or refuges open to hunter access?

Recent legislative changes provide that individuals who possess a carry permit may possess their handgun while on TWRA wildlife management areas, public hunting areas, or refuges open to hunter access. The handgun may not be used for taking game unless specifically permited by TWRA regulation. This change will now allow those with carry permits to possess their handgun at times when previously it would not have been permissible such as during archery hunting. TWRA will apply this same interpretation to those possessing carry permits while hunting on private lands.

Tennessee Wildlife Resources Agency - FAQs

This is part of the changes made during this session in the legislature.

[Guest Muttling]

I'm thinking you're several posts behind JayC. I said that on Page 1 and it was later backed up by some very good quotes from the regulations by Fallguy.

[JayC]

I'm thinking you're several posts behind JayC. I said that on Page 1 and it was later backed up by some very good quotes from the regulations by Fallguy.

Yeah, I replied as I was reading through the second page before seeing Fallguys post.