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Needing help with finding law


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Posted

I am putting together a binder for me to carry in my vehicle with the various laws as they relate to firearms in a vehicle.

I know I, as a HCP holder, am allowed to have a long gun in the vehicle so long as there is not a round in the chamber. I am looking for something I can print off for the binder.

This is mostly for those that are unfamiliar with the laws, be it LE or anyone else. I have already had a few people freak out when they catch a glimpse of my pistol. I had a friend tell me that after I was in a store the workers mentioned calling LE and that I should be put in jail forever because I am probably a murderer for carry a gun.

Thanks

Dolomite

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Posted

You will find most of what you are looking for at the link below. You'll need to click on each provision to see the text. Most of the statutes are in Title 39, Chapter 17.

However, I would be careful with trying to use statutes to "educate" any LEO that you run into. First, I don't think you would have time to do it. Second, it's not as easy as just saying "here, read this." It does require some interpretation and, in a lot of case, tracking through all of the internal references to other provisions of the statute. Third, I doubt most LEOs will be receptive to it. Arguing the law to an LEO doesn't usually get you very far.

Legal Resources

Posted

I don't plan on arguing the point during an incident but I do have friends that are LE and some may not be as aware of the HCP laws as some of us are. I rarely question what is said unless it is way out of line and that rarely happens.

Dolomite

Posted
I don't plan on arguing the point during an incident but I do have friends that are LE and some may not be as aware of the HCP laws as some of us are. I rarely question what is said unless it is way out of line and that rarely happens.

Dolomite

I carried a copy of both the vehicle code and the criminal code in my pursuit case. Do your LE friends not have a copy of that with them?

Now a days I would think it would be on the in-car computer. Is that not the case?

The link that MidTennChip posted is what I use. But I have never found a link to research case law, and without that you can’t make a legal argument.

Posted
I carried a copy of both the vehicle code and the criminal code in my pursuit case. Do your LE friends not have a copy of that with them?

Now a days I would think it would be on the in-car computer. Is that not the case?

The link that MidTennChip posted is what I use. But I have never found a link to research case law, and without that you can’t make a legal argument.

Dave, you are correct that case law is important, but there isn't much case law on carry in Tennessee. The best free source for case law research is Findlaw (link: Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw), but it is difficult to use and has a lot of gaps. Unless you subscribe to Lexis or Westlaw (I've used both and currently use Lexis -- both of which are VERY expensive), you aren't going to have a lot of luck on case law research.

Posted

Here is a post I made with some relevant laws, although most of the links are probably broken you can use the numbers to look them up in the link midtennchip posted

http://www.tngunowners.com/forums/firearms-law-faq/13408-reference-material-some-basic-questions.html

Also here is a post where I laid out how I have looked up court cases in TN...at least ones that have made it to the appeals court and/or supreme court.

http://www.tngunowners.com/forums/2nd-amendment-issues/7231-looking-up-court-cases.html

Guest archerdr1
Posted
I had a friend tell me that after I was in a store the workers mentioned calling LE and that I should be put in jail forever because I am probably a murderer for carry a gun.

Thanks

Dolomite

That is quite funny. everyone that I have come in contact with thus far that have said anything have only asked "You can carry that" or "Is that a real gun (happened Wednesday)" or "You a cop?", and even "How can I get to carry a gun?"

Guest HvyMtl
Posted

IMHO - Listen to Mr. Cain. - The Attorney is correct.

In addition, if you want to do it "old school" go to the main library of your county or city, as they will have a copy of the Tennessee Code.

Remember, using this to argue may not be the best thing. Using it for your own reference is a good thing. Keeping it updated is important as well, as the laws will change, and the court rulings will, too.

Carrying it around? Well... is this necessary?

Guest Mad4rcn
Posted

you might just try TN.GOV

Guest bkelm18
Posted
you might just try TN.GOV

The state website directs you to the link cited in the second post.

Guest 270win
Posted

If you are having problems with folks at the store seeing your handgun, you might want to look into a different holster, carry method, or even handgun. There are many ways to conceal a handgun without anyone knowing you have it on you. I've carried a snub in a business environment and church and no one know with the right holster.

I know it is legal to openly carry in TN, but you seem to be concerned about the hassle factor. I avoid hassle with a good S&W Airweight 642 in either an ankle holster or a pocket holster, depending on what I'm wearing. That gun has been carried everywhere...and I mean everywhere without anyone knowing. I have to go through a metal detector for someone to find out.

Posted

heres the thing, throw the "binder" idea out the window. No LEO out there is going to believe anything you printed out, they will look it up themselves... so just make yourself a wallet sized card with the TCA codes of the laws in question and a brief discription of them and hand it to the officer if you feel the need to. Hes probably not going to allow you access to a "binder" anyway. This way he can lok it up for himself and you can always have it on you.

Works for me and my students.

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