Carrying guns in vehicle

[roverboy]

Whats the Tn. laws about carrying guns in vehicles? I've heard for years if you are 21 or older and its out in the open and unloaded its legal. Whats legal or illegal? I know during deer season a lot of hunters have their rifle in their vehicle and most probably have it loaded. What about handguns?

[nightrunner]

If you have a HCP, you can have your handgun loaded and chambered, but you long gun can be loaded but not chambered.

If you do NOT have your HCP, firearms and ammo cannot be in immediate vicinity of each other, magazines cannot be loaded, for example, gun and empty mags in trunk and ammo in passenger compartment.

If you dont have your HCP a loaded gun is not legal off your property no matter what. even hunting.

[Fire/hunting guy]

I know during deer season a lot of hunters have their rifle in their vehicle and most probably have it loaded. What about handguns?

I deer hunt alot and I have NEVER carried a rifle loaded in my truck. There is just no need for it. When you get to where you are hunting, you load, upon returning to my truck, I unload it. It is also against the law. Maybe you are thinking about a muzzleloader, which can be loaded with a bullet and powder, as long as it doesn't have a priming cap, it isn't considered loaded.

I have my HCP and frequently have a gun in my center console.

[KahrMan]

If you dont have your HCP a loaded gun is not legal off your property no matter what. even hunting.

Are you saying that every person who is out hunting is breaking the law?

[nightrunner]

Are you saying that every person who is out hunting is breaking the law?

my bad, wrong words. I meant a loaded gun in you vehicle is illegal even if you're on your way to hunting.

[Kelemvor]

What if you have a gun mounted on the front of your car that is belt fed from the trunk?

[TMMT]

Yes, welcome to

Tenne-sota or Tenne-nois or Tenne-vania or Tenne-igan...

I really can figure out which.

I do know this place is about as gun friendly (relatively speaking) as Alaska had to do with the war effort in 1861...

[Fallguy]

If you have a HCP, you can have your handgun loaded and chambered, but you long gun can be loaded but not chambered.

If you do NOT have your HCP, firearms and ammo cannot be in immediate vicinity of each other, magazines cannot be loaded, for example, gun and empty mags in trunk and ammo in passenger compartment.

That's pretty much it.

Just to expand on the non-HCP a bit... the weapon can not be "concealed on or about" you and the ammunition can not be "in the immediate vicinity of the person or weapon"

[KahrMan]

my bad, wrong words. I meant a loaded gun in you vehicle is illegal even if you're on your way to hunting.

That makes sense.

[Guest clownsdd]

I deer hunt alot and I have NEVER carried a rifle loaded in my truck. There is just no need for it. When you get to where you are hunting, you load, upon returning to my truck, I unload it. It is also against the law. Maybe you are thinking about a muzzleloader, which can be loaded with a bullet and powder, as long as it doesn't have a priming cap, it isn't considered loaded.

+100 I would also advise those that you know are doing it also.

[BlackHawk93]

What about if you have a truck, with no trunk? I am afraid that if I have the gun in the cab of the truck, even in a case or safe, and the ammunition in the glove box, that since both are in the cab of the truck, that the police could theoretically say that the two are within reach of the driver and could charge you. Thats another of the many reasons I want a HCP. Just how could you go about carrying both when you have a truck?

[Oh Shoot]

What about if you have a truck, with no trunk? I am afraid that if I have the gun in the cab of the truck, even in a case or safe, and the ammunition in the glove box, that since both are in the cab of the truck, that the police could theoretically say that the two are within reach of the driver and could charge you. Thats another of the many reasons I want a HCP. Just how could you go about carrying both when you have a truck?

Actually, there's a bill to make this okay to have ammo in proximity as long as gun not loaded; what's the status, someone?

Short of that though, to be completely safe from overzealous LEO, ammo should be back in the bed somewhere, somehow.

You're surely unlikely to get charged with an unloaded gun with ammo in glove box (unless you really gave the LEO a reason to be pissed so that he looked for something to nail you), but it would ultimately be up to the interpretation of the individual LEO and consequently, a judge as to what constitutes "immediate vicinity".

And yep, HCP makes this totally worry free.

- OS

Edited March 22, 2010 by OhShoot

[Guest mikedwood]

What about if you have a truck, with no trunk? I am afraid that if I have the gun in the cab of the truck, even in a case or safe, and the ammunition in the glove box, that since both are in the cab of the truck, that the police could theoretically say that the two are within reach of the driver and could charge you. Thats another of the many reasons I want a HCP. Just how could you go about carrying both when you have a truck?

My understanding is (if you don't have an HCP) that the gun and ammo have to be in seperate, locked containers. The passanger compartment would count as one "locked container" and the glove box or truck would be a seperate locked container. Or some lockable box for the ammo and or a lockable gun case for the firearm (with said "lockable boxes" locked.)

Just my understanding and I could be way off.

[Fallguy]

The bill for non-HCP holders is in the Criminal Practice and Procedure sub-committee, but has been taken off notice. HB2832/SB2754

Nothing in the law mentions "locked" containers.

39-17-1308

(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;

Unloaded defined in 39-17-1301(18) as...

...the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.

[Guest 270win]

There is no requirement that someone be 21 years old. I don't think there is any age requirement for anyone to be any age to possess a long gun in Tennessee. I believe you have to be 18 to possess a handgun here..now if under 18 you can possess a handgun with permission from parent for hunting, fishing, target shooting, outdoor type activity.

I'm sure a lot of people do have loaded long guns and handguns in vehicles during deer season. Folks who are going down a little dirt road to/from their hunting spot from camp I kind of expect that. I do that all the time because it is 'incident to lawful hunting, fishing...ETC" I am going to and from the hunting spot....which is incident to hunting...whether or not I have a permit/license is irrelevant. That is a separate defense to prosecution to 'intent to go armed' just like having an unloaded gun separate from the ammo OR having a handgun carry permit and carrying a handgun.

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;

(2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;

(3) At the person's:

(A) Place of residence;

( Place of business; or

© Premises;

(4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;

[Fallguy]

I guess I always thought the "incident to" meant while the event was occurring or at least only immediately before or after.

Sort of like a search incident to an arrest...the arrest has occurred then there is a search. The officer can't search you (without PC or a warrant) because he is going to arrest you at a later point.

In other words, you couldn't put a loaded rifle in your truck in the morning and keep it there all day because you were going to go hunting later in the afternoon.

Now if you were at one hunting site and then going to another...then maybe, but I could see a LEO say you are no longer hunting if you are in the vehicle.

Also I never had thought it to mean you could have a firearm with you while your fishing, but that you could have a knife with a blade longer than 4" for scaling, cleaning, etc... the fish or otherwise illegal items needed for fishing.

As far as age goes, I can't find anything in TCA that address long guns and juveniles. On Handguns, it is generally illegal for a juvenile to poses a handgun. There are 8 defense listed in 39-17-1319(d)(1)

(A) In attendance at a hunter's safety course or a firearms safety course;

( Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

© Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501©(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 501©(3)), as amended, and which uses firearms as part of the performance;

(D) Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70;

(E) Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the handgun possessed by the juvenile;

(F) On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to possess a handgun;

(G) Traveling to or from any activity described in subdivision (d)(1) with an unloaded gun; or

(H) At the juvenile's residence and with the permission of the juvenile's parent or legal guardian, possesses a handgun and is justified in using physical force or deadly force.

[BlackHawk93]

Times have definitely changed. When I was growing up in the 70's you could carry around shotguns and rifles in gun racks in plain sight and no one questioned anything. I remember going hunting with my dad and stopping by a country store to get some sandwiches and there being county police there also and nothing was ever said. Things certainly arent like that today. Its a shame that a gun owner cant lawfully go to target shoot without having to worry that some cop with a power ego will pull you over in your truck and be able to decide whether your unloaded gun in the glove box and the ammo in a locked safe is lawful or not, depending on his mood.

[Cannon Fodder]

Its a shame that a gun owner cant lawfully go to target shoot without having to worry that some cop with a power ego will pull you over in your truck and be able to decide whether your unloaded gun in the glove box and the ammo in a locked safe is lawful or not, depending on his mood.

I just went through this same situation yesterday, Darlington Co. Sheriffs Dept SC pulled me over, I may have been speeding a little. As soon as he approached the truck I knew what attitude he was going to have. Produced my permit and he had me place my carry in the pass. seat and step out of the truck.

He started with "Why do you carry that like that?" Then he proceeded to pat me down and I informed him about my pocket knife and a speed loader I had in my pocket..... "Why do you have a speed loader?".... He didn't even bother to take my knife from me.

Long story short he tossed my truck and ran the serial on my carry and the 2 others I had in my range bag (unloaded and mags empty). His backup was nothing but nice and mentioned that state law was to have the other locked up out of the pass. compartment..... It is a truck.... The first officer calmed down after tossing my truck and I guess the small talk I was making with the other officer, joking a little about me running when I stretched my back (I had been on the road for about 10hrs at this point) and stating he had his hopes up for the first ticket/arrest of the day.

All in all the first officer calmed down and became courteous and the second was nothing but courteous. I received a written warning for failure to maintain lane, I guess he had to charge me with something for pulling me over, less paperwork is my thought and they both shook my hand and told me to have a safe trip and fun at the range.

The first officer kept fondling my .45 but just checked the XD and put it down. They were both making over the .45.

[Fallguy]

I just went through this same situation yesterday, Darlington Co. Sheriffs Dept SC pulled me over, I may have been speeding a little. As soon as he approached the truck I knew what attitude he was going to have. Produced my permit and he had me place my carry in the pass. seat and step out of the truck.

He started with "Why do you carry that like that?" Then he proceeded to pat me down and I informed him about my pocket knife and a speed loader I had in my pocket..... "Why do you have a speed loader?".... He didn't even bother to take my knife from me.

Long story short he tossed my truck and ran the serial on my carry and the 2 others I had in my range bag (unloaded and mags empty). His backup was nothing but nice and mentioned that state law was to have the other locked up out of the pass. compartment..... It is a truck.... The first officer calmed down after tossing my truck and I guess the small talk I was making with the other officer, joking a little about me running when I stretched my back (I had been on the road for about 10hrs at this point) and stating he had his hopes up for the first ticket/arrest of the day.

All in all the first officer calmed down and became courteous and the second was nothing but courteous. I received a written warning for failure to maintain lane, I guess he had to charge me with something for pulling me over, less paperwork is my thought and they both shook my hand and told me to have a safe trip and fun at the range.

The first officer kept fondling my .45 but just checked the XD and put it down. They were both making over the .45.

At the risk of derailing this thread...which is not my intent...

A pat down and search....and some wonder why some of us don't immediately notify....

I'm sure you consented...but wonder why he felt the need to search your truck.

Also apparently the second officer was not aware of the new law that says if you have HCP you can have a loaded long gun in your vehicle so long as a round is not in the chamber. No need for stored separate etc...

Glad that end results were favorable for you...

[Cannon Fodder]

The first officer had his Capt call him on the phone to verify if SC honored TN HCPs. I didn't have a long gun with me, I started to bring my shotgun but decided to put it back in the safe.

[Oh Shoot]

...

Also apparently the second officer was not aware of the new law that says if you have HCP you can have a loaded long gun in your vehicle so long as a round is not in the chamber. No need for stored separate etc...

South Carolina, FG.

Dunno what the law is there.

- OS

[Fallguy]

The first officer had his Capt call him on the phone to verify if SC honored TN HCPs. I didn't have a long gun with me, I started to bring my shotgun but decided to put it back in the safe.

South Carolina, FG.

Dunno what the law is there.

- OS

My bad....Just disreagard....

Guess what the reading teacher said about comprehension being important too was right....

Out of state whole different ball of wax....

[Oh Shoot]

My bad....Just disreagard....

Guess what the reading teacher said about comprehension being important too was right....

Out of state whole different ball of wax....

Almost slipped by me too, 'cept I had never heard of Darlington County, TN, so I read closer.

- OS