Hiking/Camping w/No Conceal Carry Permit

[MiddTennTaco]

Hey folks, just looking for any solution here. I am a former police officer from another state and at the moment I'm scheduled for a conceal carry class and of course the permit following. However, right now I am planning on doing some hiking/back country camping with a few friends. I've heard that Tennessee has mountain lions, wolves, bears, etc

As I understand it, it seems that possession of a "loaded" firearm in state parks is prohibited by law. Is this correct? And does this mean that unloaded firearms are okay? As useless as it sounds, it seems better than nothing. If it makes any difference, I have a small game hunting license Thanks in advance for any info!

[Oh Shoot]

No mountain lions or wolves.

"Unloaded" means no ammo in vicinity of gun. If you have ammo on you at all, it wouldn't be unloaded.

The only time you could carry without a permit would be during hunting season where you could legally hunt, with the appropriate license of course.

You can carry in state parks if you have permit, otherwise, no.

To muddy the waters, it is a defense to unlawful firearm possession if "Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity", but I think it would be a damn hard sell for anything but the hunting part. Folks have posted here about being stopped in state park and asked to see carry permit.

On another note, I don't guess you fall under the LEOSA thing, huh?

- OS

Edited March 5, 2012 by OhShoot

[Oh Shoot]

oops, meant to edit previous post, not quote.

Edited March 5, 2012 by OhShoot

[MiddTennTaco]

No mountain lions or wolves.

"Unloaded" means no ammo in vicinity of gun. If you have ammo on you at all, it wouldn't be unloaded.

The only time you could carry without a permit would be during hunting season where you could legally hunt, with the appropriate license of course.

You can carry in state parks if you have permit, otherwise, no.

To muddy the waters, it is a defense to unlawful firearm possession if "Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity", but I think it would be a damn hard sell for anything but the hunting part. Folks have posted here about being stopped in state park and asked to see carry permit.

On another note, I don't guess you fall under the LEOSA thing, huh?

- OS

That sounds like the ticket to me. Can I ask where you found that? And no, I resigned from the department I worked for to go back to school. I believe you have to retire as a police officer for LEOSA to apply.

[MiddTennTaco]

Nevermind, I found it. Could you explain why that wouldn't apply? 39-17-1308. Defenses to unlawful possession or carrying of a weapon (4)

[Oh Shoot]

Nevermind, I found it. Could you explain why that wouldn't apply? 39-17-1308. Defenses to unlawful possession or carrying of a weapon (4)

Well, note I muffed my previous post. Those are not defenses to carrying a "firearm" (as I said), but a "weapon". I believe you'll find that those have been interpreted to allow one to carry a knife over 4", not necessary a firearm.

You'll need more than my say so though to prove it. Although the state's assertion on state park's webpage of no loaded firearms (for non-hcpers) certainly suggests it, for one thing.

- OS

[MiddTennTaco]

Thanks for the help, I'm not going to take it. Instead I'm going to work on my acting skills. Playing dead is a difficult one. Wish us luck!

[analog_kidd]

If any of your friends have a carry permit, just have them carry a spare in their pack. You don't get to handle it unless there is an emergency.

I carry when I backpack, and there is never a good way to carry it that it is readily accessible. I've always thought that it might make sense to carry each other's firearm. If I carry mine in my pack, I have to take off the pack to reach it. If it's in a buddy's pack, I can take it right out as long as he is next to me.

[Fallguy]

I imagine you would have said this already if it applied, but can you carry under LEOSA?

If so then a loaded handgun in the park isn't an issue at all.

[monkeylizard]

If you're really worried about bears, get some bear spray. No permit needed.

Edited March 5, 2012 by monkeylizard

[Clod Stomper]

If you're really worried about bears, get some bear spray. No permit needed.

But what about the wolves and mountain lions?

jk,

Will

[Oh Shoot]

I imagine you would have said this already if it applied, but can you carry under LEOSA?..

Reread our exchanges.

[Fallguy]

Reread our exchanges.

Oops...missed that.

[Seabeejason]

You probably will not see many bears right now anyway. They are just now coming out of hibernation. I think it is likely that some of them are still bedded down. Plus, the bears around here tend to mind their own busness anyway. Don't mess with them and they will return the favor.

Some bear mace would be a good idea. That stuff will stop a Grizzly in its tracks, so a Black Bear shouldn't be an issue. It sucks to not be able to legally carry, but jail and a huge fine would suck worse.

Have fun on your hike, the country side is beautiful here.

[Just2Honor]

Just a word on our permit since you've recently moved here. It is a Handgun Carry Permit, usually shortened to HCP. The law doesn't specify how you carry--concealed or open is your choice.

[JayC]

Nevermind, I found it. Could you explain why that wouldn't apply? 39-17-1308. Defenses to unlawful possession or carrying of a weapon (4)

IANAL, but 1308 only provides for defenses to 1307... Carrying a firearm in a park is prohibited in 39-17-1311, which has no camping defense. It would seem the camping defense would only apply to private property.

[Fallguy]

IANAL, but 1308 only provides for defenses to 1307... Carrying a firearm in a park is prohibited in 39-17-1311, which has no camping defense. It would seem the camping defense would only apply to private property.

I haven't thought of it...but I think you may be right in so far that 39-17-1311 applies to parks and only the exceptions within it applies to weapons in a park and 1307/1308.

[MiddTennTaco]

Meaning? lol

[sigmtnman]

Meaning? lol

Our country is run by lawyers and no one knows what the heck any of the laws mean.

[Fallguy]

Meaning? lol

Meaning the defenses list in 39-17-1308 only apply to the charges in 39-17-1307.

Carry in parks is under a different law, 39-17-1311 the defenses that apply to carry there are listed in sub-sections of that law. Camping/Hiking is not a defense listed in 39-17-1311 like it is in 39-17-1308.

[MiddTennTaco]

Man I thought being in TENNESSEE I could hike with my AR-15 just SLUNG over my back!

Edited March 6, 2012 by w0lfattack

[Oh Shoot]

Man I thought being in TENNESSEE I could hike with my AR-15 just SLUNG over my back!

TN is not really quite the "Patron State of Shootin' Stuff" many think.

- OS

[analog_kidd]

In all of the backpacking I've done, I've never seen a bear in the back country. That's not to say that they are not there or not something to worry about, but I just think they hear me and move on. I have seen a pack of wild hogs, which probably scare me more than a bear. They moved along with a bit of shouting.

I really think the bear spray, as mentioned above, is the best option for you. They make it with holsters, so it's easy to strap on to your waist or your pack, they spray quite a distance, and would definitely be a deterrent to all dangerous critters, two or four legged.

[Guest bkelm18]

If you're going to carry while camping or hiking, carry for the two legged critters. If you're worried about bears, carry a can of bear spray.

[sigmtnman]

The National Park Rangers are advising hikers in the parks to be alert for bears and take extra precautions to avoid an encounter.

They advise park visitors to wear little bells on their clothes so they make noise when hiking. The bell noise allows bears to hear them coming from a distance and not be startled by a hiker accidentally sneaking up on them. This might cause a bear to charge.

Visitors should also carry a pepper spray can just in case a bear is encountered. Spraying the pepper into the air will irritate the bear's sensitive nose and it will run away.

It is also a good idea to keep an eye out for fresh bear scat so you have an idea if bears are in the area. People should be able to recognize the difference between black bear and grizzly bear scat.

Black bear droppings are smaller and often contain berries, leaves, and possibly bits of fur. Grizzly bear droppings tend to contain small bells and smell of pepper.