Greetings All - New here - few Q & A's

[Guest Moonshine]

Great site! Glad to be a part of it. Brief Bio about me and a few questions regarding TN gun control. I recently relocated to Tri-Cities,TN(NE) & come from a well rounded decorative law enforcement/ military family background . In 1992 I was gung-ho to join the army behind 4th generation fore-fathers upon completion of H.S. - but a few words of wisdom from the old man steered me to attend college. Growing up with A Bridge Too Far, The Dirty Dozen, The Great Escape, The Caine Mutiny, Patton, Full Metal Jacket...just to name a few & all the war stories about my dad & grandfathers war adventures - I always wanted to give back to my country in some capacity - after college and working in NYC corporate - on a beautiful morning that quickly gloomed by the shadows of 757's as I walked out of Grand Central Station - running downtown to see if a loved one was still alive - i will never forget the faces of the police, firemen, feds... as they flooded across the brooklyn bridge in civilian cars/clothes - packed in economy cars - holding their badges out the window w/ blank faces not knowing whats on the otherside... it killed me that i couldnt help... many thought that NYC would become chaotic w/ looting, vandalism and crime - that day was the opposite - it was America - the way it ought to be - as i walked back uptown to take the first train back to Long Island I will never forget the faces and all the "be gooder" happenings that took place.. churches from all congregation in the city opened their doors for prayer - your religion didnt matter that day - this country did not divide - it was one - one week later and under financial reason I joined the USCG reserve - wkend warrior - found myself on a rigid btm manning a 7.62mm machine gun. Who know I had it in me to be a sharp shooter - I guess all those nights sitn in my pops office balancing a nickel on a site practicing paid off - All in all i did 5 yrs - left NYC corporate - moved back to LongIsland - opened a business - expanded/relocated to TN for a better quality of life - now consider TN my home - my parents retired down here as well & my old man & I hit the ranges when we can - shooting I feel is a great solitude - I have picked up paper work for a carrying permit -

Q & A -

* - I opened a business recently and unfortunatly was a victim of Class C felony robbery. There is a living quarters attached to the structure where I sometimes stay if I spend late nights at the office. Is there a diffrent carrying permit for business owners?

* - If someone is to make an ill choice while Im there and enters my property after hours - what is my right - whether they have a weapon or not and are on my property?

* - To whom have been victims of such crimes would perhaps understand my state

* - I dont work 70+ hours a week just to have some lazy - non working minyan steal my hard earned property - any input/ideas would be most appreciative. All the best/safe - Moonshine

[Parrothead]

Welcome to the TGO....only one HCP in TN. You can protect your home and business without a permit. In TN, you do not have to retreat when faced with a threat at home or your business. Some of the experts will come along and help you out with specifics of the TN law. Good luck and get that HCP.

[Guest Moonshine]

thnx for the input!! - a little more detail on the type of crime i experienced 2 weeks ago - as i walked in the front door - i heard the back door slam - they left a 14" butcher blade knife behind - im talking survival terms not clint eastwood - they were in my place of business multiple times taking over $3500 worth of merchandise

Edited May 13, 2011 by Moonshine

[Guest brandon_pitt]

Law is pretty cut and dry. Only one carry permit needed and if your life is in danger, by your feeling it is, you have the right to protect yourself, family, and property using up to, and including, lethal force. In short, if they're on your property with a weapon, drop em.(I'm not even sure they have to have a weapon, as long as you feel threatened) Oh and welcome to TGO. Edited May 13, 2011 by Daniel
incorrect info.

[Parrothead]

Law is pretty cut and dry. Only one carry permit needed and if your life is in danger, by your feeling it is, you have the right to protect yourself, family, and property using up to, and including, lethal force. In short, if they're on your property with a weapon, drop em.(I'm not even sure they have to have a weapon, as long as you feel threatened) Oh and welcome to TGO.

you cannot use deadly force to protect personal propery. You must feel as if your life or the life of someone else (risky) is at risk.

[Daniel]

Law is pretty cut and dry. Only one carry permit needed and if your life is in danger, by your feeling it is, you have the right to protect yourself, family, and property using up to, and including, lethal force. In short, if they're on your property with a weapon, drop em.(I'm not even sure they have to have a weapon, as long as you feel threatened) Oh and welcome to TGO.

Do Not Listen to this.

[Oh Shoot]

...In short, if they're on your property with a weapon, drop em....

No no no. That's advice for prison term.

As far as home, you cannot protect property with deadly force (outside your home). Indeed, you can't shoot them to protect property while they are IN your home, you shoot them because you are in fear for your life.

If they are IN your home, the presumption is that you are already in fear for your life (the "castle doctrine"), but that doesn't mean you can "execute" them either, if that can be proven.

Business is a little more complicated, I'd say. Certainly if someone armed enters it to rob you while you are inside, during biz hours or after hours, the presumption would also surely be you are in fear of your life, but again, you can't kill them in the parking lot for breaking in a gate or something. If you were inside after hours and someone broke in, whether you saw a weapon or not, I'd opine that would carry the same weight as if it happened in your home.

But it could get pretty iffy if you saw them break in while you were outside and followed them in, I'd say.

As far as protecting property, you can try by non-lethal means to prevent the property from being stolen or destroyed outside your home or business on your property and THEN, should you find yourself in fear of your life because they pull a gun on you or whatever, your lethal force would likely be justified.

- OS

Edited May 13, 2011 by OhShoot

[bajabuc]

Read it yourself: http://tennessee.gov/sos/acts/105/pub/pc0210.pdf Regardless of what others have posted...this is the Law in Tennessee

[Guest brandon_pitt]

Thanks for the education gents.

[Guest Moonshine]

great advice !!! by all means i am not trigger happy - but the moment i set eyes on that knife - my perception changed when balanced with a petty robbery - vs - their intent with a knife - BTW - how do you change your Avatar photo? is there a list of local groups/shooting ranges?

Edited May 13, 2011 by Moonshine

[DWARREN123]

Howdy and Welcome to TGO and Tennessee

You do what is needed to protect yourself and others you feel you or others are in danger. Always fight to stop the attack, never to kill or wound just to stop it.

If something does happen do not say anything to anyone before talking to a good defense lawyer.

The law is for protection of self and others and not for protection of property or things.

There is no gun registration in Tennessee and you may have and use a handgun on your own property without a permit but a permit is always good to have.

Get some training and read the laws as pertains to handguns/firearms as posted above.

Just my feelings and thoughts! Welcome again!

Edited May 13, 2011 by DWARREN123

[Guest Dukebb23]

This is a great thread. As a new gun owner this sets my mind more at ease with our laws here in The Great State Of Tennessee. I might wanna looking into HCP classes. Great Stuff 

[chemprof]

Welcome to TN and to the TGO! Sorry to hear of the troubles, though. Lots of good people here.

[BigK]

The sad part is that even if you have to defend yourself and it's 100% justified as self-defense, your assailant or their survivors can still sue you for civil damages. Although in those cases you'd hopefully win, you'd still be out legal fees and time from work. They likely had a lawyer on contingency and are out nothing but their time.

We need TORT REFORM!

[Garufa]

Under the Castle Doctrine one is immune from civil liability if justified.

[gregintenn]

Welcome to Tennessee and TGO. Thank you for your service to our country. I'm sorry to hear of your not so pleasant introduction to our state. If I found a person in my home or business uninvited, I consider them to be a threat. A corpse is a lousy witness in court. I'm glad to see you didn't form your opinion of the entire state upon this one incident.

[BigK]

Under the Castle Doctrine one is immune from civil liability if justified.

I was under the impression (from HCP class video, IIRC) that there is no such thing as immunity from civil liability. Perhaps I misuderstood.

[Guest J.D. Skull]

If I ever have to shoot anyone. I wouldn't wouldn't want a prosecuter to find this web site, And read that I wouldn't leave any live witnesses to testify in court. Best to keep some things unsaid, And unwriten.