Can I openly carry a firearm from my apartment parking lot to my apartment, no HCP

[Guest kdaousarmy]

Going to class real soon, but for now I dont feel safe at all in my neiborhood. I would have my firearm locked in the trunk without a magazine in it and unloaded. I wouldnt conceal it but carry it in plain view in a holster. Can I carry it, from my car to apartment without legal problems.

Ken:)

[Guest TargetShooter84]

No permit, no carry.

Why would you carry it unloaded?

No permit, you get called on, you're getting free ride to jail.

[Guest bkelm18]

If it is unloaded, it is not illegal to carry it, from my understanding, but that kinda defeats the purpose of carrying it.

[Guest ArmaDeFuego]

No permit, no carry.

Why would you carry it unloaded?

No permit, you get called on, you're getting free ride to jail.

So if he lives in the apartment carrying on the property wouldnt be considered as carrying on his property?

[Oh Shoot]

No permit, no carry.

Why would you carry it unloaded?

No permit, you get called on, you're getting free ride to jail.

Please try to limit your posts to their usual content free variety only.

"39-17-1308. Defenses to unlawful possession or carrying of a weapon.

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;"

Although it would take a particularly snarky LEO to stick you with illegal possession for carrying an unloaded gun with ammo both in a range bag, carry the gun and the ammo in separate trips to be completely within the law. You already had them well separated in the vehicle anyway, right?

Place of residence would probably technically be considered inside the apartment itself, although again, some LEO would have to be having quite a bad day to sting you with illegal carry in the parking lot going to your abode.

- OS

Edited October 25, 2011 by OhShoot

[Guest WyattEarp]

check your apartment complexes lease agreement first. If they prohibit firearms on the property, you will need to adhere to their policy as well since it is private property.

[Guest BungieCord]

Tenn. Code Ann. § 39-17-1308 (2011)

39-17-1308. Defenses to unlawful possession or carrying of a weapon.

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;

(2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;

(3) At the person's:

(A) Place of residence;

( Place of business; or

© Premises;

[wcsc12]

Going to class real soon, but for now I dont feel safe at all in my neiborhood. I would have my firearm locked in the trunk without a magazine in it and unloaded. I wouldnt conceal it but carry it in plain view in a holster. Can I carry it, from my car to apartment without legal problems.

Ken:)

Unfortunately, no.

You can carry it in your apartment with no problems but the minute you leave your doorway, you need a HCP to carry. The best thing you can do is to go get your HCP. Mine took 18 days to arrive at my house so hopefully yours will arrive in the same time frame.

So if he lives in the apartment carrying on the property wouldnt be considered as carrying on his property?

Technically speaking, your lease agreement for an apartment only gives you "ownership" of the inside of the apartment and generally balconies that are attached to your apartment. The rest of it is private property owned by whatever company/person owns the complex.

Edited October 25, 2011 by wcsc12

[Oh Shoot]

Unfortunately, no....

Good Lord, haven't you read the thread at all, and seen the ways you may LEGALLY carry a firearm without an HCP, from car to apartment or elsewhere?

Are you related to TargetShooter84?

- OS

[mikegideon]

Good Lord, haven't you read the thread at all, and seen the ways you may LEGALLY carry a firearm without an HCP, from car to apartment or elsewhere?

Are you related to TargetShooter84?

- OS

[Guest kdaousarmy]

I would carry it unloaded but would have access to a magazine if needed. I am scheduled to take the HCP class, sounds like too many issues and I will wait til I do get a HCP. Anyways I got me some pepper spray and a stun gun to scare them away.

[Guest kdaousarmy]

39-17-1308. Defenses to unlawful possession or carrying of a weapon.

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;

(2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;

(3) At the person's:

(A) Place of residence;

But according to 3A, I can carry it from my car to apartment, and I am parked on private paroperty, assigned to me.

[Guest President Fernatt]

I would carry it unloaded but would have access to a magazine if needed. I am scheduled to take the HCP class, sounds like too many issues and I will wait til I do get a HCP. Anyways I got me some pepper spray and a stun gun to scare them away.

Lord have mercy. Yeah, definitely wait until you get the permit. Even once you obtain it, you will not be able to carry on campus at all. If your apartment is on campus or if the lease states no guns are permitted then you can't carry it there either. By bringing up the laws and squinting your eyes to read what you want to see, you are attempting to justify something that shouldn't be done. Trust in the fact that you DO NOT want to get involved with wiggling your way to freedom after just being arrested for carrying without a permit. You said you would carry it unloaded but have a magazine nearby if you needed it...that is "within reach" which means you are carrying without a permit.

I would also be very careful about taking a stun gun on a college campus. Many police departments, especially college police departments, would consider that a weapon either by actual laws or rules simply mandated by your college handbook. That is a fast track to getting kicked out of college or intense police contact.

Also, guns...stun or otherwise...are not meant to "scare them away". They are meant for defense in the event that your life or someone elses is about to end. The last thing you need to do is flash the stun gun to scare someone away, only to have them take it from you and use it against you.

Edited October 25, 2011 by President Fernatt

[wcsc12]

Good Lord, haven't you read the thread at all, and seen the ways you may LEGALLY carry a firearm without an HCP, from car to apartment or elsewhere?

Are you related to TargetShooter84?

- OS

I was wrong...sorry....

[Guest OMGeosh]

Legal precedent has shown that your apartment parking lot does not qualify under the castle doctrine, so you may not carry there unless otherwise permitted by law.

Also, a "loaded" firearm from what I've read under Tennessee law consists of a firearm that has a round in the chamber.

Disclaimer: I am not a lawyer, and this is not legal advice.

[Guest kdaousarmy]

thanks for the advice all, I dont mean a college campus btw, Im just talkin about a place ive lived in for five years now and in the past year the whole area turned to **** and seems like all the good folks moved out the complex. I dont wanna move but im def. gonna arm myself.

[Guest bkelm18]

Carrying an unloaded weapon but having "access" to a loaded magazine would probably be considered intent to go armed, which you need a permit to do. There's really no easy way to do it legally.

[Guest bkelm18]

Legal precedent has shown that your apartment parking lot does not qualify under the castle doctrine, so you may not carry there unless otherwise permitted by law.

Also, a "loaded" firearm from what I've read under Tennessee law consists of a firearm that has a round in the chamber.

Disclaimer: I am not a lawyer, and this is not legal advice.

The law that applies doesn't say anything about being "loaded", it talks about intent to go armed, which generally means having the gun loaded or having the ammo in close proximity so that the gun could easily be loaded.

[Tenifer17]

thanks for the advice all, I dont mean a college campus btw, Im just talkin about a place ive lived in for five years now and in the past year the whole area turned to **** and seems like all the good folks moved out the complex. I dont wanna move but im def. gonna arm myself.

What apartment complex do you live at ? I know the Cobalt Drive apartments went downhill before the paint ever dried .

[bigwakes]

I can't imagine why one would carry an unloaded gun. A medium sized stick would be a better defensive weapon. If you did get a weapon charge for carrying without a permit your background check would likely not go very smoothly. Stop procrastinating and find a class this Saturday. Go to the department of Motor Vehicle on Monday and give this thread a happy ending.

There are about 50 schools listed here around the state: Tennessee State Certified Handgun Permit Schools

[Oh Shoot]

...

Also, a "loaded" firearm from what I've read under Tennessee law consists of a firearm that has a round in the chamber....

I've not seen the term "loaded" defined in the statutes. However, you can be absolutely sure that a gun does not have to have a round in the chamber to be considered loaded. Loaded mag inserted in a long gun is even illegal in your car without a HCP.

However, "unloaded" is defined in 39-17-1301. Part definitions:

"(18) "Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon." So it follows that a gun not meeting all of these criteria is "loaded".

- OS

[Guest BenderBendingRodriguez]

Obviously the OP is trying to get the deterrent effect of a visible firearm without the actual utility of the firearm. Except insofar as he would want some sort of access to ammunition. Which defeats the purpose.

If you want to carry an unloaded weapon with no access to ammunition, you may be in the clear legally. But the problems you invite almost certainly outweigh whatever benefit you may hope to enjoy.

[TMF]

If you want to carry an unloaded weapon with no access to ammunition, you may be in the clear legally. But the problems you invite almost certainly outweigh whatever benefit you may hope to enjoy.

+1 Wait for your HCP. I wouldn't be OC'ing around your apartment complex anyway even if you had an HCP. Look at the other thread regarding possibly having to move over the issue. If it's that bad, just walk back and forth to your car with a Louisville Slugger while you wait on your HCP.

[Fallguy]

I think this has all been covered, but I want to add my part...lol

You can "legally" carry an unloaded firearm without a HCP, but if you have ready access to ammunition, I don't think it would be considered unloaded any longer, even though the clip/magazine was not in the handgun.

Also I'm pretty sure any "common" area of an apartment complex is not your own property or residence as covered in 39-17-1308(a)(3)

[Guest kdaousarmy]

thanks again all, your insight and wisdom is much appreciated.