Parking Lot carry exemption

[Guest General_Mayhem]

Now that the GOP is in control in TN, would like to see this done in 2011.

[Guest tnxdshooter]

Now that the GOP is in control in TN, would like to see this done in 2011.

I heard that. I have talked to my senator KEN YAGER and he said that there are plans in the works to reintroduce HB3141 (I believe that was the number) this senate year.

[JPS]

Now that the GOP is in control in TN, would like to see this done in 2011.

+1. Me too!

[Links2k]

Won't make a difference for me. I work for the feds and they are not going to allow it. That's why I park off site with two gun safes.

[JAB]

I'd rather see a bill that will do, basically, the same thing but worded a little differently. Rather than coming from the angle of 'employers must allow firearms in cars in their parking lots', which will be argued against based on 'property owners' rights', I'd like to see a bill that would make the interior of our vehicles the legal equivalent of our homes. In other words, the interior of our vehicle is our private property and, by state law, we have sole authority to determine what is in there regardless of where the vehicle is parked. This way, there shouldn't need to be different bills for school parking lots, etc. Worded correctly, such a law could also make it legal to have a loaded firearm in one's vehicle without the need for a permit, which some other states already allow.

[-boatman-]

I'd rather see a bill that will do, basically, the same thing but worded a little differently. Rather than coming from the angle of 'employers must allow firearms in cars in their parking lots', which will be argued against based on 'property owners' rights', I'd like to see a bill that would make the interior of our vehicles the legal equivalent of our homes. In other words, the interior of our vehicle is our private property and, by state law, we have sole authority to determine what is in there regardless of where the vehicle is parked. This way, there shouldn't need to be different bills for school parking lots, etc. Worded correctly, such a law could also make it legal to have a loaded firearm in one's vehicle without the need for a permit, which some other states already allow.

I agree that this would be the way go about it and would probably be the easiest way to get it passed. It would do the same thing without stepping on the private property rights of others.

[E4 No More]

I'd rather see a bill that will do, basically, the same thing but worded a little differently. Rather than coming from the angle of 'employers must allow firearms in cars in their parking lots', which will be argued against based on 'property owners' rights', I'd like to see a bill that would make the interior of our vehicles the legal equivalent of our homes. In other words, the interior of our vehicle is our private property and, by state law, we have sole authority to determine what is in there regardless of where the vehicle is parked. This way, there shouldn't need to be different bills for school parking lots, etc. Worded correctly, such a law could also make it legal to have a loaded firearm in one's vehicle without the need for a permit, which some other states already allow.

That won't work without it being unlawful for an employer to search. I work from home two days per week, and I had to give my permission for them to come to my house to "inspect" my workspace at their convenience.

[TGO David]

That won't work without it being unlawful for an employer to search. I work from home two days per week, and I had to give my permission for them to come to my house to "inspect" my workspace at their convenience.

Wow. Totally not a concession I'd make in exchange for the ability to work from home.

[Guest GT_Rat]

Wow. Totally not a concession I'd make in exchange for the ability to work from home.

There'd have to be a helluva big paycheck attached to that job.

[E4 No More]

There'd have to be a helluva big paycheck attached to that job.

There is.

[E4 No More]

Wow. Totally not a concession I'd make in exchange for the ability to work from home.

It isn't likely to EVER happen. It's just the legal department putting their two cents in. But a vehicle in their parking lot is a totally different story. It's not as big a PITA to search your car.

[Bubba0031]

Disclaimer: I'm not sure I know what I'm talking about here but I'll throw this idea out for discussion.

Are the rules by which a LEO can search a vehicle during a traffic stop different from those that are required to search a home? Does searching a home not require a search warrant from a judge stating where they can look and for what whereas with a LEO on the side of the road all he needs is probable cause to search a vehicle? If that's the case then I would think the law enforcement community would object to making the inside of your car equivalent to you home because it would make their job more difficult relative to searchs during traffic stops.

[Fallguy]

I really don't think any bill would say something to the effect that the inside of your car is like your home.

I think more than likely what would happen (if anything) is simply an exception added to 39-17-1308 for a private vehicle.

However I don't think that alone would address the vehicle being on another's private property, so would still need a parking lot exception bill.

[railfancwb]

That won't work without it being unlawful for an employer to search. I work from home two days per week, and I had to give my permission for them to come to my house to "inspect" my workspace at their convenience.

If a specific room is your "dedicated workspace" -- which is really the preferred way to deduct related costs for federal income tax -- then it would seem that room iis all they could inspect under the agreement.

[TNRobocop]

There have been some changes to search and seizure rules over the last year, but nothing earth shattering. I personally and professionally disagree with the no permit thing for loaded car carry though.

[Oh Shoot]

There have been some changes to search and seizure rules over the last year, but nothing earth shattering. I personally and professionally disagree with the no permit thing for loaded car carry though.

Why?

- OS

[Punisher84]

There have been some changes to search and seizure rules over the last year, but nothing earth shattering. I personally and professionally disagree with the no permit thing for loaded car carry though.

Why?

- OS

Yeah why?

Personally I think my car should be more or less like my home. It's my private property, I paid for it, it has locks, you're not allowed into it unless I invite you in or you have sufficient reason as an LEO so I don't see the differences really.

[TNRobocop]

It is not your home, nor does it have the same expectation of privacy as a home when you are traveling on public roadways. That is the legal aspect of it.

Professionally I like to know who is legally carrying a gun if I approach someone on a traffic stop and there is a gun in the car. You have a permit for carrying, then it is a logical progression that you have it while traveling in a car with a loaded weapon. No difference.

Besides for the most part it shows I am dealing with a good guy in the car. I don't recall ever giving a ticket to a permit holder,but I have thrown them off by asking what they are carrying just out of curiousity...

In the end though, it is my opinion. Everyone has their own, this is mine.

[Punisher84]

It is not your home, nor does it have the same expectation of privacy as a home when you are traveling on public roadways. That is the legal aspect of it.

Professionally I like to know who is legally carrying a gun if I approach someone on a traffic stop and there is a gun in the car. You have a permit for carrying, then it is a logical progression that you have it while traveling in a car with a loaded weapon. No difference.

Besides for the most part it shows I am dealing with a good guy in the car. I don't recall ever giving a ticket to a permit holder,but I have thrown them off by asking what they are carrying just out of curiousity...

In the end though, it is my opinion. Everyone has their own, this is mine.

I respect your opinion. I don't necessarily agree with it since police officers in Vermont, Alaska, and states where OC is legal without a permit like Arizona, and in Mississippi where car carry w/o a permit is legal all seem to get along somehow. I do agree that having a permit does make it easier to differentiate the bad guys and the good guys. I think there are valid points to both sides of it.

[DaveTN]

Disclaimer: I'm not sure I know what I'm talking about here but I'll throw this idea out for discussion.

Are the rules by which a LEO can search a vehicle during a traffic stop different from those that are required to search a home? Does searching a home not require a search warrant from a judge stating where they can look and for what whereas with a LEO on the side of the road all he needs is probable cause to search a vehicle? If that's the case then I would think the law enforcement community would object to making the inside of your car equivalent to you home because it would make their job more difficult relative to searchs during traffic stops.

Cops don’t necessarily need a warrant to search you house. It’s just that they aren’t getting access to your house like they do to your car on a traffic stop. Plain view still applies. And many times we arrested people for drugs, stolen property, firearms violations, etc when we were in the house on a call, such as a domestic violence call.

Warrants don’t usually limit where they can search in a house, just what they can search for. For example, if they are searching for a stolen table saw they can’t look desk drawers. However… if they are looking for drugs, or guns and ammunition; they have a free pass to everything.

Tennessee is big on employer’s rights and not so much on employee’s rights. So I doubt they (or many other states for that matter) will be quick to pass a law that could jeopardize a company picking Tennessee as a location, or jeopardize tourist trade.

But it’s worth a try. I would like to see the carry in a car without a permit.

[E4 No More]

If a specific room is your "dedicated workspace" -- which is really the preferred way to deduct related costs for federal income tax -- then it would seem that room iis all they could inspect under the agreement.

You are correct in that they can only inspect my workstation: however, unless you have a dedicated entrance to that space they have to walk through your house to get there. They also cannot "search": however, what they can inspect for leaves room to get into a search. For instance, they can look for customer information that is unsecure.

[E4 No More]

It is not your home, nor does it have the same expectation of privacy as a home when you are traveling on public roadways. That is the legal aspect of it.

Professionally I like to know who is legally carrying a gun if I approach someone on a traffic stop and there is a gun in the car. You have a permit for carrying, then it is a logical progression that you have it while traveling in a car with a loaded weapon. No difference.

Besides for the most part it shows I am dealing with a good guy in the car. I don't recall ever giving a ticket to a permit holder,but I have thrown them off by asking what they are carrying just out of curiousity...

In the end though, it is my opinion. Everyone has their own, this is mine.

NOTE: I was not a police officer in Tennessee, so I really don't know the answer to this.

If your car isn't like your home in Tennessee then why is breaking into a car referred to as burglary in this state? Where I'm from it's simply theft and property damage.

[Guest tnxdshooter]

I really don't think any bill would say something to the effect that the inside of your car is like your home.

I think more than likely what would happen (if anything) is simply an exception added to 39-17-1308 for a private vehicle.

However I don't think that alone would address the vehicle being on another's private property, so would still need a parking lot exception bill.

Again HB 3141 needs to be re-introduced.

[Fallguy]

Again HB 3141 needs to be re-introduced.

That would help those with a HCP and I would like to see it passed as well. However would also like to see posession in a private vehicle allowed without a HCP.

Edited November 14, 2010 by Fallguy

[GLOCKMEISTER]

back to the point at hand. I wouldnt get ready to think any pro gun bills are automatic just because the GOP has total control. Get a anti Speaker and were totally dead in the water in committees and in getting bills to the floor... just like Naife.

Another problem is whos going to carry these bills now? Does anyone remeber who sponsored 3141, it was a close friend of mine thats a Dem and he found himself in a heated race where he barely won. There were lots of Very Pro 2nd amendment Democrats that carried bills like this in the past that got hammered or beaten. There were also several that won but barely, and honestly are kinda miffed they didnt get any help from the NRA/TFA. Seeing as we had all this negative media attention with Haslems comments about guns there are going to be more legislative members weary of going out on a limb and sponsoring any gun legislation when the public is demanding something being done about our states economy and jobs.

Time will tell.

Edited November 4, 2010 by GLOCKMEISTER