Transport Clarification

[cdthomas23]

I just recently purchased a handgun (and a .22 rifle a month before that). I have done some searches, but I am seeking clarification. I do not have my HCP yet, as I have not even shot the handgun. I transporting it to the range, I know I need to have it in the trunk. However, can I have ammo in the magazines if they are separate from the gun? Or do I need to completely unload the magazines before transporting? Does the same thing apply for the .22 rifle as well?

Thanks.

[Guest bkelm18]

The gun does not need to be in the trunk but the gun and ammo need to be as separate as possible. I don't think there is a strict law on ammo and magazines but I would keep the ammo and magazines separate.

[Oh Shoot]

The clumsy definition of "unloaded" in TCA notwithstanding, as Bkelm said, just separate ammo and guns, one or the other in the trunk if you have one. For folks without trunks, as separated as possible -- ammo in locked container, though not required, certainly makes it clear cut as to accessibility.

Loaded mags okay, just treat same as ammo itself.

- OS

[Fallguy]

Well think I would still go with unloaded mags.....no real reason for them to be loaded on the way to the range...

[vbob]

most ranges require that all guns and mags be unloaded so save yourself trouble and keep all unloaded. also a trigger lock or other lock couldnt hurt

[Oh Shoot]

most ranges require that all guns and mags be unloaded so save yourself trouble and keep all unloaded. also a trigger lock or other lock couldnt hurt

You must go to some tough ranges. Even the Gestapo at TWRA in Knox Co. don't require that.

I'm a mag freak, don't know I could handle having to load 'em all up on site.

- OS

Edited January 23, 2012 by OhShoot

[TN_Hiker]

This is another one of those things where I've had everyone I ask tell me something different. I've been told you can't even keep the magazine in the gun, even empty, for transporting.

[Oh Shoot]

This is another one of those things where I've had everyone I ask tell me something different. I've been told you can't even keep the magazine in the gun, even empty, for transporting.

Well, here's the deal.

TCA states in 39-17-1307 that it is a defense to illegal possession

"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."

Pretty well covers things, right? Well if that ain't enough, it's also reiterated in the next statute, 39-17-1308 that it is a defense to illegal possession if 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"

That pretty well covers you on foot.

However, there is a very clumsy and I think accidental and unintended syntax in a definition in the preliminary section (Part Definitions) to the weapons statutes where "unloaded" is defined as:

""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, see how clear as mud? This is characteristic of TN weapons laws. If the definition is actually written as to original intent, it would apply only for folks on foot.

I think it's safe to say, however, that nobody is gonna bust you for having unloaded magazines near or in your firearm in a vehicle, as long as actual ammo is well separated.

Hint: get your HCP, and you don't have to worry about this in a car, can have handguns loaded, can have rifles loaded (without one in chamber). However it still doesn't allow you walk around with a loaded rifle in public.

Though I doubt having an empty mag in it or elsewhere on your person, with no actual ammo on you, would get you busted for illegal possession/carrying either. However, parading around with an AR in downtown Cleveland, you might could see disorderly conduct, creating fear and panic, or something, whatever it is we've got in that vein.

- OS

Edited January 24, 2012 by OhShoot

[RichardS]

Hint: get your HCP, and you don't have to worry about this in a car, can have handguns loaded, can have rifles loaded (without one in chamber). However it still doesn't allow you walk around with a loaded rifle in public.

Agreed, not that difficult to get a permit and then you do not have to worry about someone nit-picking those definitions. I recently got my permit and this was one of the reasons. Before that I put all of the mags and ammo in a locked ammo can and kept the guns in locked cases when transporting. I hoped the fact that both were locked separately would keep everything within the law. But it would not hurt to put as much distance between the guns and the ammo as you can in your vehicle.

[Guest GregK]

I asked a LEO that was behind me in a gas station the other day about transporting without HCP. He told me I could have everything together, like in a range bag. He said the gun had to be unloaded, and magazines unloaded... He also said to always let the officer know first thing when they first walk up if you have been pulled over.

[Guest GregK]

The instructor that I had for the HCP safety class is a LEO and he said the same thing

Edited February 4, 2012 by GregK

[Oh Shoot]

I asked a LEO that was behind me in a gas station the other day about transporting without HCP. He told me I could have everything together, like in a range bag. He said the gun had to be unloaded, and magazines unloaded... He also said to always let the officer know first thing when they first walk up if you have been pulled over.

Did you get his phone number so he can post your bail?

- OS

[Guest GregK]

Well then how should people without HCP transport. I'm waiting for my permit to get here, but I honestly believe if I get pulled over tonight on the way to the range with my gun and 2 magazines unloaded in the case, with a few boxes of ammo in a zipped range bag, he wouldnt arrest me and take me to jail. Of corse I could be wrong. I know 2 different people have said to me to do it this way. Hopefully in a couple of weeks it wont matter if my gun is loaded or not!!!

[Guest bkelm18]

Well then how should people without HCP transport.

Did you read any of the other posts in this thread?

[Guest GregK]

yes i read the thread. I have a truck, so if I seperate everything, its still in arms reach. I'm not trying say what is right or wrong. I'm saying The officer that I asked the question to told me not to have the gun loaded or magazines loaded.

[Oh Shoot]

Did you read any of the other posts in this thread?

Really.

http://www.tngunowners.com/forums/handgun-carry-self-defense/68044-transport-clarification.html#post852717

If you don't pay any more attention to what has been written in this thread than things in general, you might be part of the 1% that flunk the HCP exam if you apply!

- OS

edit: pickup truck? Then lock ammo or guns in separate case. You're correct, that you probably won't be charged the way you're doing it, but it ain't for sure, especially if you run into a LEO you've irritated wanting to further grind some axe.

Edited February 4, 2012 by OhShoot

[Guest GregK]

I passed the exam..... I dont know what I did to you??? I was never trying to quote any laws, Just joining a thread and pretty much saying I told an on duty officer that I had an unloaded gun and ammo in a bag in my truck. I figured he would be the one to ask since he would be the one possibly arresting me.....

[Oh Shoot]

I passed the exam..... I dont know what I did to you??? I was never trying to quote any laws, Just joining a thread and pretty much saying I told an on duty officer that I had an unloaded gun and ammo in a bag in my truck. I figured he would be the one to ask since he would be the one possibly arresting me.....

He's just one of many. We have shown you the actual laws as written. Do what you want.

But, you paid for the course but don't have HCP?

- OS

[Guest GregK]

Correct I paid for and passed the corse and paid for the application on 1/27. I dont know of anybody to recieve their permit in 1 week... I wont irritate the police, IF pulled over. I try my best to keep blue lights from behind me,

[Oh Shoot]

Correct I paid for and passed the corse and paid for the application on 1/27. I dont know of anybody to recieve their permit in 1 week... I wont irritate the police, IF pulled over. I try my best to keep blue lights from behind me,

Well, as soon as you get permit, thread is moot for you. You can tote anything in vehicle any ole way, except have loaded chamber in long gun.

- OS

[Guest GregK]

I have read on this forum that some people got them around 3-4 weeks. Hopefully I will be one of those people and not the 90 day people!