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help finding the Law about HCP and how it relates to long guns


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Posted

I was trying search first. I know I have read many threads about this but would like help finding the actually law.

I am looking for help finding the Law about HCP and how it relates to long guns with ammo in the Mag or tube as long as one is not in the chamber.

Search lead me to

http://www.tngunowners.com/forums/tennessee-politics-legislation/36520-carrying-loaded-rifle-shotgun-vehicle-now-its-legal.html

and I got most of the answer I needed from Fallguy and his post but at least one of the links has changed. The amendment part was still there.

I was wondering what if there are any opinions on how Game Wardens would view this while hunting, going to and from a hunting spot?

(don't worry I don't need any warning about road hunting, I know better and have an actually plan)

If there are no conflicts as to when it comes to hunting I might just load my mag with 4 and go.

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Posted (edited)

I am looking for help finding the Law about HCP and how it relates to long guns with ammo in the Mag or tube as long as one is not in the chamber.

The purely weapons laws at:

http://michie.com/tennessee

39:17:1301-1363

They are all up to date now from last TN legislative session.

Long gun/HCP is covered in the basic statute of:

39-17-1307. Unlawful carrying or possession of a weapon

I was wondering what if there are any opinions on how Game Wardens would view this while hunting, going to and from a hunting spot?

I don't know hunting laws, will leave this for someone else.

You might post in the hunting forum.

- OS

Edited by OhShoot
Posted

While going to and from a hunting spot a game warden doesn't really have anything to say about it. At that point you're simply transporting the gun. Unless you're talking about the part where you're walking out to your stand/hide. In that case you would be ok being loaded.

Posted

What about a self-defense pistol carried while driving to/from the hunting spot? I'm wondering how the game wardens look on that...don't want to be accused of "road hunting".

Posted
What about a self-defense pistol carried while driving to/from the hunting spot? I'm wondering how the game wardens look on that...don't want to be accused of "road hunting".

I believe that everything got finally legislated so that you may carry a handgun with HCP during any type hunting situation now on most all TN lands, whether during hunting season or not.

This didn't change any of the laws about actually HUNTING with a handgun, though, so barrel size/caliber/whatever are still in place for that.

Someone correct me if that's not correct, but I believe it is.

The gray areas are still perhaps Army Corps of Engineers and TVA lands, but not sure if there are hunts on them?

Unfortunately, those statues are scattered around in the section 70 area of TCA, I believe, so I can't point to them exactly.

- OS

Posted

OhShoot is absolutely correct. Just today I read in the TWRA 2010 hunting guide that you can carry your gun if you have a permit anywhere that you normally can. And as OhShoot said, that doesn't change anything about hunting with a pistol.

Stay safe out there.

Posted
What about a self-defense pistol carried while driving to/from the hunting spot? I'm wondering how the game wardens look on that...don't want to be accused of "road hunting".

The wildlife laws are under Title 70.

I think you're looking for 70-4-117(d)

Notwithstanding subsection (a), a person with a handgun carry permit pursuant to § 39-17-1351 may possess a handgun the entire year while on the premises of any refuge, public hunting area, wildlife management area or, to the extent permitted by federal law, national forest land maintained by the state. Nothing in this subsection (d) shall authorize a person to use any handgun to hunt unless the person is in full compliance with all wildlife laws, rules and regulations.

Posted

thanks

I just got back from hunting. I am check out the link that OS gave me. I wish exception 1 went into more detail like exception 2 does when it talks about magazine. In short I wish exception one made it crystal clear that there is a difference from chamber and magazine or tube depending on the gun.

(e) (1) It is an exception to the application of subsection (a) that a person authorized to carry a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber. However, the person does not violate this section by inserting ammunition into the chamber if the ammunition is inserted for purposes of justifiable self-defense pursuant to § 39-11-611 or § 39-11-612.

(2) It is an exception to the application of subsection (a) that a person who is not authorized to possess a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber or cylinder, and no clip or magazine containing ammunition is inserted in the rifle or shotgun or is in close proximity to both the weapon and any person.

Posted
... In short I wish exception one made it crystal clear that there is a difference from chamber and magazine or tube depending on the gun...

You sure are a worrywart.

Statute is clear, as long as ammo is not in the chamber, who cares?

You can duct tape it to the barrel if you want. (e)(1)doesn't even mention the word "magazine".

- OS

Posted
You sure are a worrywart.

Statute is clear, as long as ammo is not in the chamber, who cares?

You can duct tape it to the barrel if you want. (e)(1)doesn't even mention the word "magazine".

- OS

+1

Posted

I just want to win an arguement with dad at this point. He and I went around this a few times over the last week. I had no internet access to look anything up when I was at his place hunting either.

Posted

I was looking for similar info about States that honor my Tennessee CCW and their laws on long guns?

Posted
I was looking for similar info about States that honor my Tennessee CCW and their laws on long guns?

Handgunlaw.us

When you click on a state it brings up a separate page. On that page there are several links in the upper right, one is to that state's laws. If you scroll down first, it usually says where that state's firearms laws can be found.

Posted

You have to be careful on public lands with loaded long guns if you hunt there. You will want to look in the TWRA book for specifics. The book isn't the great at explaining, but the best I can understand is that even with a handgun carry permit, you cant have a magazine or chamber loaded long gun in your vehicle on WMA's or state parks when driving to your hunting spot. It is best to have your long gun's chamber and magazine unloaded on public hunting type lands. You can have your handgun loaded on public hunting lands in Tennessee.

As far as long guns anywhere else in the vehicle, there is some new law that says you can have the magazine loaded but not the chamber. Kind of dumb, but oh well. I don't go cruising a lot with a long gun ready to go. If you have a long gun with a box magazine at least you can load the box magazine and put magazine in the gun to keep it from being lost. That's what I do with my CZ 452 22LR when I go to the range. I pop out the mag and open the action when I take it out of the car to the line because of range safety rules, so loading the chamber doesn't do me any good even if I could. When I am out of my vehicle and am hunting, if my gun is not fully loaded (it usually is), then it is loaded then. I don't wait until I get to my stand. I may jump a deer on the way.

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