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Carrying long gun


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Posted

I searched and couldn't find an answer on this. I have heard many conflicting stories from LEOs, gun friends, etc. Is it or is it not legal to carry a long gun loaded off of your private property? I've heard that it can be loaded but not chambered. I've heard you can carry it as long as you have a HCP (which makes no sense to me.) So what's the real story here. Without giving too many details here is my deal. Would like to carry a long gun with me to work, may be around "the public" occasionally but more often than not no one would see a gun sitting next to me while I am working. The reason that I feel a need to carry such a firearm is a strong presence of bear and hogs in my immediate work area. I see more bears than hogs but see lots of both. I've never had a problem with a bear but I would feel a whole lot better if I was carrying a gun that would easily take a bear down. (I carry bear spray as well.) I would probably never have to use the gun but I'd rather have it and not need it... Any citation of the TCA code would be appreciated as I would like to carry that with me to show any LEO that says anything about me carrying the gun. If it makes a difference I do not work on private property.

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Posted

I'm about 90% positive on this ...

Long Guns WITHOUT a HCP must be unloaded and ammo kept separate from the firearm.

VALID HCP holders can carry loaded long guns as long as there isn't a round chambered.

There's still a 10% chance I'm wrong :) LoL

Posted

39-17-1307 (e) is the TCA code you are looking for. (e) It is an exception to the application of this section 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

Posted

If you are seriously thinking about it, consider one of the pistols that are rifle caliber which are legal on your HCP, they are basically semi auto rifles with a shorter barrel and no stock, you can get them in AK an AR platforms for sure, and desert eagle makes a revolver in a variety of calibers like 30-30.

Posted
39-17-1307 (e) is the TCA code you are looking for. (e) It is an exception to the application of this section 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

Thank you this is just what I was looking for.

Guest bkelm18
Posted
Thank you this is just what I was looking for.

Keep in mind that particular TCA only allows you to have it in your vehicle. As far as I can recall, there is no law allowing you to actually carry it around outside of your own property. Perhaps someone can correct me if I'm wrong.

Posted
Keep in mind that particular TCA only allows you to have it in your vehicle. As far as I can recall, there is no law allowing you to actually carry it around outside of your own property. Perhaps someone can correct me if I'm wrong.

I believe you are correct. The only time you can actually carry a loaded long gun off of your property, outside of a vehicle, is if you are hunting.

Posted

From what I gather, you can have a rifle or shotgun in your vehicle loaded without one in the chamber but in a self defense situation you can chamber a round.

My question is, does this mean it is only legal to defend your self if you are still IN your vehicle? Or does it mean you can legally keep a rifle or shotgun in your trunk, without one in the chamber, and if a situation arises you can pop your trunk, chamber a round, and take care of the situation? The reason I ask is because technically you are no longer in the car, and the law says the rifle or shotgun has to stay in your car.

Guest bkelm18
Posted
From what I gather, you can have a rifle or shotgun in your vehicle loaded without one in the chamber but in a self defense situation you can chamber a round.

My question is, does this mean it is only legal to defend your self if you are still IN your vehicle? Or does it mean you can legally keep a rifle or shotgun in your trunk, without one in the chamber, and if a situation arises you can pop your trunk, chamber a round, and take care of the situation? The reason I ask is because technically you are no longer in the car, and the law says the rifle or shotgun has to stay in your car.

The -1307 doesn't specify whether or not you have to be in your vehicle. I think it can be reasonably assumed that you can be outside of your vehicle and still be able to use it in self defense since you'd have to be driving a pretty big vehicle to try and use it while still in the vehicle.

Posted
From what I gather, you can have a rifle or shotgun in your vehicle loaded without one in the chamber but in a self defense situation you can chamber a round.

My question is, does this mean it is only legal to defend your self if you are still IN your vehicle? Or does it mean you can legally keep a rifle or shotgun in your trunk, without one in the chamber, and if a situation arises you can pop your trunk, chamber a round, and take care of the situation? The reason I ask is because technically you are no longer in the car, and the law says the rifle or shotgun has to stay in your car.

Tennessee law allows the justified use of deadly force whether you have a permit or not. The way I read the law you are okay in a self defense shooting even if you are carrying illegally. But I’m not a lawyer.

Posted
Tennessee law allows the justified use of deadly force whether you have a permit or not. The way I read the law you are okay in a self defense shooting even if you are carrying illegally. But I’m not a lawyer.

I believe this is correct.

Posted
I believe you are correct. The only time you can actually carry a loaded long gun off of your property, outside of a vehicle, is if you are hunting.

Well there a couple more, sports shooting or protecting livestock.

Posted (edited)
I believe you are correct. The only time you can actually carry a loaded long gun off of your property, outside of a vehicle, is if you are hunting.

Except he may qualify under the place of business exception, or one of the other exceptions for carrying a loaded firearm.

I'd want to know more about his 'work' but you can carry any firearm loaded at your 'place of business' without a permit (although you'd need to properly transport it unloaded from home).

Or for that matter he maybe in a 'vehicle' at work :up: Keep in mind a tractor, front end loader, etc seem to fall under the vehicle rule. I'm curious if a 4 wheeler would count?

Edited by JayC
Posted
Except he may qualify under the place of business exception, or one of the other exceptions for carrying a loaded firearm.

I'd want to know more about his 'work' but you can carry any firearm loaded at your 'place of business' without a permit (although you'd need to properly transport it unloaded from home).

Or for that matter he maybe in a 'vehicle' at work :up: Keep in mind a tractor, front end loader, etc seem to fall under the vehicle rule. I'm curious if a 4 wheeler would count?

You may use a vehicle as part of your business....but I don't think most would consider your place of business.

Posted
You may use a vehicle as part of your business....but I don't think most would consider your place of business.

Well in the case of the vehicle, I'm speaking about the HCP long gun exception, not the place of business exception.

Posted
Well in the case of the vehicle, I'm speaking about the HCP long gun exception, not the place of business exception.

Got ya

Guest Chattanoogan
Posted

To avoid bear attacks you should wear little bells (so the bear will hear you coming and attempt to avoid you) and carry bear repellant, you can tell if your in bear territory by looking for bear crap. Black Bear crap has sign of nuts and berries in it, and you can tell grizzly bear crap because it has little bells in it and smells like bear repellant...

In all seriousness though, it would be better to strap on a hog leg (big caliber pistol).... Wear it in a OWB holster and tie it off to your leg, that way its always in arms reach...No need to conceal for bear, they dont know what a gun is....lol

I also second the 500 S&W....if your willing to spend $5 a bullet on a bear....

Guest chrisdridley
Posted

I hunt a lot in those mountains and I second the hog leg.

I use a 8" Dan Wesson in 44mag and it will stop any bear you come across.

Posted
39-17-1307 (e) is the TCA code you are looking for. (e) It is an exception to the application of this section 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

I wonder if I can mount a .50 on my truck and ride around with it?

Posted
I wonder if I can mount a .50 on my truck and ride around with it?

Don't see why not.

With loaded mag too, if you have HCP.

Sort of the ultimate open carry though, be prepared to be stopped a lot to check you out.

- OS

Posted
Tennessee law allows the justified use of deadly force whether you have a permit or not. The way I read the law you are okay in a self defense shooting even if you are carrying illegally. But I’m not a lawyer.

Just FTR you would likely be charged for the illegal carrying etc right?

Posted
I wonder if I can mount a .50 on my truck and ride around with it?

LOL...guess you could. But guess I always thought "on" was in there to cover motorcycles and other vehicles that may not have an interior.

Although I admit when this first passed I was tempted to put a shotgun scabbard on my bike... :shrug:

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