Carrying in Parks question

[Guest BigBoostDSM]

Hey guys, a few friends and I are planning on hiking a portion of the Appalachian trail up to Rocky Top, Thunderhead mtn, then back over a few days (probably 3 depending on the total miles we do).

I know that in TN carry is illegal in State and National parks as well as Wildlife managment areas (per www.handgunlaw.us).

I thought however, that I saw somewhere on the State of TN's website that carry was legal when engaged in lawful hunting, fishing, hiking, or camping (or something of that sort).

Am I completely off base here? Is there such a provision that will allow me to carry while hiking/camping? I do not plan to fish or hunt if that matters. If anyone knows and can point me to the law/where it says that, it'd be very much appreciated.

Thanks in advance guys

[molonlabetn]

An exception for hunting during hunting season is the only one I am aware of... other than that, the only way you'll legally be able to carry is if you are picking up or dropping off passengers and do not handle or remove the firearm from the vehicle.

It's not legal to carry while hiking/camping in state parks.

[Guest BigBoostDSM]

An exception for hunting during hunting season is the only one I am aware of... other than that, the only way you'll legally be able to carry is if you are picking up or dropping off passengers and do not handle or remove the firearm from the vehicle.

It's not legal to carry while hiking/camping in state parks.

Well that's not what I wanted to hear

We really need to get that one passed. Camping there is one time when I really don't want to be without it.

[Fallguy]

An exception for hunting during hunting season is the only one I am aware of... other than that, the only way you'll legally be able to carry is if you are picking up or dropping off passengers and do not handle or remove the firearm from the vehicle.

It's not legal to carry while hiking/camping in state parks.

That's right....

Other than if you belong to certain professin (LEO, Military, etc...) there are 5 times listed it is ok to carry in a park.

T.C.A. 39-17-1311((1)(G)(i)-(v)

(i) A person hunting during the lawful hunting season on lands owned by any municipality, county, state or instrumentality thereof and designated as open to hunting by law or by the appropriate official;

(ii) A person possessing unloaded hunting weapons while transversing the grounds of any public recreational building or property for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the public recreational building or property is posted prohibiting entry;

(iii) A person possessing guns or knives when conducting or attending “gun and knife shows†when the program has been approved by the administrator of the recreational building or property;

(iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner;

(v) A person who possesses or carries a firearm for the purpose of sport or target shooting and sport or target shooting is permitted in the park or recreational area.

[Guest BigBoostDSM]

Great post, that answered it all for me

[Guest 270win]

I don't walk in the woods or fish anywhere without a handgun. No one knows I have a handgun, unless I am hunting. Take that for what is worth, but I'd feel better hiking armed, than leaving it home. Hide it under a shirt, and you should not have any problems wherever your trip may take you.

[Ricochet]

razorback, that may seem like the logical thing to do and I have thought about that also, I love going camping and to me if there is ever a place that one needs protection it is while camping BUT here is the question, if we have our handgun on us and we need to use it then what? As long as it is hidden and not used no one is the smarter but IF we come under attack either by a BG or say a BB (bad bear) and because we are not supposed to have a gun on us in these parks how much deeper will we be in doo doo if we have to protect ourself. This question has ran over and over in my mind. Then I come to the realization that I would rather be in trouble with the law than be six feet under. Yet I go back to the "I am trying to be a law abiding citizen" part of me that I am.

[Guest jcramin]

I don't walk in the woods or fish anywhere without a handgun. No one knows I have a handgun, unless I am hunting. Take that for what is worth, but I'd feel better hiking armed, than leaving it home. Hide it under a shirt, and you should not have any problems wherever your trip may take you.

I agree.

And if I remember right, SOMEONE correct me if im wrong, I think if you carry when you shouldnt be and you have to use the gun, you will not be charged with INTENT TO GO ARMED anymore ??????? I think that bill just recently passed maybe ?????

J

[strickj]

Then you will be fine as long as the shooting is justified.No charges will be brought up(supposedly)even if you don't have a hcp.

My look up skills a lacking at the moment and cant find the correct wording to copy/paste,but I'm sure Fallguy or someone will kindly post it for me

[molonlabetn]

Problem is, as mentioned in another thread here as well... the current law is worded in a manner to effetively revoke justification for self-defense if one is engaged in unlawful activity (ie, carrying where prohibited).

[Fallguy]

I agree.

And if I remember right, SOMEONE correct me if im wrong, I think if you carry when you shouldnt be and you have to use the gun, you will not be charged with INTENT TO GO ARMED anymore ??????? I think that bill just recently passed maybe ?????

J

There is 39-17-1322 which says...

A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.

However.....the new self-defense/castle doctrine law would seem to practially do away with that statute.

See 39-11-611 sub-parts ((1),((2) and (d)(3) all start by saying "Notwithstanding § 39-17-1322"