Can you legally carry a loaded shotgun in your vehicle in TN?

[andersmg]

My son in law asked me this today and my quick answer was no, am I correct?

He was asking if you could keep one behind the seat in your truck for example...

[Rightwinger]

nope, not legally anyway.

[molonlabetn]

Loaded, no. Un-loaded, yes.

[Guest Jason F.]

There is no legal way to carry a loaded rifle or shotgun in this state (other than law enforcement) correct? Anyone happen to know the or have a link to the state codes of law that cover this?

A full magazine in accessible proximity to an unladed rifle is considered illegal as well correct?

[Guest Phantom6]

Jason F. wrote:

There is no legal way to carry a loaded rifle or shotgun in this state (other than law enforcement) correct? Anyone happen to know the or have a link to the state codes of law that cover this?

Check here.

You are correct.

The only that you may posesses a loaded long gun in this state off of your property is if you are in the field hunting (T.C.A. title 70- Wildlife Resources) or on a range or private property with the knowledge and permission of the property owner.

[DaveTN]

Also, as I read it you can’t have ammo in the vicinity of the person or the weapon.

39-17-1308. Defenses to unlawful possession or carrying of a weapon. —

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon.

[molonlabetn]

About the only way I could think of to carry a shotgun or 'rifle' in a vehicle, loaded, would be to have an AK or AR 'pistol', or an AOW shotgun... those would technically be covered by a HCP.

[Guest 270win]

The law prohibits you to carry a firearm with 'intent to go armed'. There is no statutory definition of 'intent to go armed'. There is not a requirement that the firearm be away from the ammunition, but it is a defense to prosecution for intent to go armed. Basically, you cannot look like you are going in public with intent to go armed. A loaded shotgun behind the truck seat would probably appear to most police as intending to go armed, thus getting you cited and having to appear in court. A judge would probably assume the same (unless you wanted to spend the money on a jury trial).

An unloaded shotgun in a gun rack, would be a defense to prosecution for intending to go armed, as long as the ammo was not in vicinity of yourself or the firearm. How to do that in a truck i have no idea except a locking glovebox or a location behind the seat where you can't get the ammo quickly. I would think one would be better off with a long gun in the trunk, even with the ammo in the gun case, because it takes quite a bit of effort to open a trunk, open a case, and get to the long gun and ammo.

I usually do not worry about the issue because the only time i have a long gun in my car is going to and from a shooting range or hunting. I figure throwing it in the trunk will work, even if i have an ammo sleeve with shells on the shotgun or rifle stock. Again, i am not intending to go armed and if all else fails my traveling to and from a hunting location is 'incident to lawful hunting'. I can't get to my hunt spot without traveling, and the law does state 'incident to lawful hunting' as a defense to intent to go armed.

[andersmg]

Thanks to all of you that have responded, I think this has cleared this issue up for us.

I just love this site!

[TGO David]

I just love this site!

It's worse than some but better than a lot of others.

[Guest ETS_Inc]

About the only way I could think of to carry a shotgun or 'rifle' in a vehicle, loaded, would be to have an AK or AR 'pistol', or an AOW shotgun... those would technically be covered by a HCP.

The AR or AK pistols are good-to-go, but a smooth-bore AOW isn't. Even though BATFE and the manufacturers say they are smooth-bore handguns, and with <12" barrels they meet TCA definition of a handgun, they don't count.

If Officer Joe Thinblueline pulls you over and you have an AOW in your vehicle, what's he going to assume it is? A shotgun. Just like everyone else who sees it for the first time. That's because, except for some legal parlance, it is, by common definition, a shotgun. Trying to explain the difference to a cop, on the side of the road, after his adrenaline just shot up from finding a loaded "shotgun" in your car, is likely to not go well for you. You might be able to talk your way out of it in court, setting a precedent for the rest of us, but do you want to be the test case?

I was planning to write the AG, asking for his opinion on the matter. But, then a spoke to a friend, a gun guy who just happens to be a State's Prosecuter in Hamilton County. He sat and listened to my argument, asked a few questions, and listened to my well-reasoned and articulated responses. Then he said he was highly doubtful the AG would side with me. I figure if anyone knows how the AG would opine, it would be the guy who works for him directly.

Oh well, that just means more research and better arguments.