Legal to carry a unloaded handgun without permit?

[Guest Jsouthman]

Hey guys, new to the forums. I did a quick skim through the FAQs (quick because stumbled upon this site right before work). And didn't see the question asked. So here goes. Is it illegal to carry my handgun upon me without a Permit, if the handgun is unloaded and I have no ammunition on me?

I plan on getting my permit, it will just be a couple of weeks after I get my firearm out of layaway before finances allow me to do so again. Like I said, sorry if I missed it somewhere else, and if this is in the wrong section. Thanks to anyone who answers before hand.

[Fallguy]

Well Yes and No.

Technically carrying a handgun with the intent to go armed is illegal period.

Having a HCP is a defense against that law. The handgun being unloaded is also a defense.

However I'm not sure a encounter with Law Enforcement would turn out the same for either. Not saying I think you'd be charged, just a bit of a lecture about carrying like that.

The difference between a defense to a law and something being legal is, that a defense you may have to prove in court. In other words a defense in the law means if you can prove that point you were not breaking the other law. If you can prove it to the LEOs satisfaction that is the end of it, if not...it may go to court. Usually showing a HCP is good enough. Saying I was carrying my unloaded handgun to see what it was like before I got my HCP...may or may not.

[Guest clownsdd]

Get used to carrying around the house. Not worth the chance of getting in trouble.

[Guest strelcevina]

Just get a plastic toy gun , it is better than Unloaded gun .

[DaveTN]

Yes it is illegal to carry an unloaded handgun concealed on or about your person.

[Guest Lester Weevils]

It is not uncommon for people to try robbing stores with toy guns.

So in an encounter with a LEO who doesn't know me, and doesn't know what a wonderful feller I am-- Then even if I was carrying a plastic gun he might think I had nefarious motives, and he could probably think up something to charge me with.

Ain't sayin bad about police, just that there are thousands of laws to choose from, in case you give a policeman enough reason to suspect that maybe you ought to get locked up!

Even if the case is eventually won or dismissed, the process would be a lot of hassle and expense compared to never getting arrested in the first place.

[macville]

Yes it is illegal to carry an unloaded handgun concealed on or about your person.

So wouldn't it be illegal to carry an unloaded gun into the firing range in a case? Or in a case from the store into your car, etc.

I am not saying a cop would arrest you for that, but technically, that would be illegal since it's about you and concealed. We have some really stupid laws in this state.

Matthew

[DaveTN]

So wouldn't it be illegal to carry an unloaded gun into the firing range in a case? Or in a case from the store into your car, etc.

No, that would not be illegal.

We have some really stupid laws in this state.

Intent and state of mind.

You can’t just look at the written law; it’s why lawyers have to go to law school.

Edited November 13, 2010 by DaveTN

[vontar]

In a case with ammo in a separate area of the car/truck is transporting it, while carrying it on your person is closer to going armed. I am not a lawyer nor did I stay in a fancy hotel last night.

Wear it around in your home, like the rest us us while you get your HCP. We all had to go though the period of time from class and paper work and waiting on your HCP.

Just don't make the mistake of once you are waiting for the HCP to come in the mail to get in trouble with a going armed charge. Someone posted about the trouble one of their friends had to go though for that, I think their friend lost a gun in the process.

[Guest 1shot]

Actually according to the law of TN if you do not have a handgun carry permit you are not allowed to carry any firearm and the ammo in the same compartment of an auto. They must be in different compartments. This law does not take into consideration a pickup truck. If both are in the cab of the truck it is the same compartment by law. Stupid but it is the law. It is not enforced but it can be. If you have a handgun carry permit by law you can carry a long gun with ammo in the magazine but not in the chamber inside you auto. Kind of stupid also because you can carry a handgun on your person and in the auto with a loaded chamber. Here is another stupid law. If you are enrolled as a student of a school even though you have a handgun carry permit you CAN NOT enter school property with your gun even in your car. If you are NOT AND ENROLLED student you CAN enter school property with your gun in the car and it can be left in the car as long as it is not handled or anyone is allowed to handle it. This needs to be changed.

[Oh Shoot]

Actually according to the law of TN if you do not have a handgun carry permit you are not allowed to carry any firearm and the ammo in the same compartment of an auto. They must be in different compartments. ...

There is no such wording in TCA. No mention of "compartment" whatsoever.

While that is a reasonable way to guarantee that the gun and ammo are not in the "immediate vicinity" of each other, it's not specified as a requirement by any means.

If you are enrolled as a student of a school even though you have a handgun carry permit you CAN NOT enter school property with your gun even in your car.

Well, you can legally have it in regard to picking up/dropping off at the school, same as any other permit holder according to TCA, though you are probably breaking school's student policy.

If you are NOT AND ENROLLED student you CAN enter school property with your gun in the car and it can be left in the car as long as it is not handled or anyone is allowed to handle it. This needs to be changed.

Yeah, that is a bizarre distinction, and I agree it's totally absurd.

Of course, most all schools have a no guns policy for students (of any age) and can expel you for disobeying it, and TCA can't do anything about that, though. They can also legally fire faculty and staff for doing it, even though it's fine under TCA.

- OS

Edited November 14, 2010 by OhShoot

[Fallguy]

OS is correct again....

[vontar]

I do not know what OS profession was but I believe he may have missed his calling in the legal department. He certainly is on top of us gun laws.

[Tri-Cities Bob]

Just another thought -- Do you really want to put yourself in the position of carrying a handgun when there's nothing you do with it but throw it at someone? If you are robbed and the thief finds out you have an uloaded weapon, it's now his/hers. I agree that you should get used to rigging your holster/weapon inside your home unitl you actually get you HCP. It seems like it takes forever, but recently the wait from submitting your application and fingerprints to receiving the HCP is about a month, sometimes less.