loaded gun in glove box with no CCW?

[JoeJ615]

i know this is legal in certain states but wondering if anyone knew if it's legal in TN or not? did a quick search and couldnt find a conclusive answer

[Jonnin]

unloaded and not "easily" loaded in the car. Supposed to be in plain view or in the trunk, not stashed in a weapons type fashion. Ammo should be seperate or both in the trunk, point is you cant grab & load.

[TMF]

No it is not legal. You need a HCP.

[Guest bkelm18]

unloaded and not "easily" loaded in the car. Supposed to be in plain view or in the trunk, not stashed in a weapons type fashion.

I don't believe there is a requirement that it be in plain view or in the trunk. It just needs to be as separate as possible from the ammo.

[Fallguy]

If you don't have a carry permit any firearm must be transported unloaded.

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."

from 39-17-1301(18) http://www.lexisnexis.com/hottopics/tncode/

[Jonnin]

I don't believe there is a requirement that it be in plain view or in the trunk. It just needs to be as separate as possible from the ammo.

Well, do what you want, but if you offended the LEO enough that he is searching you car, and he finds a pistol in the glove compartment, even unloaded I would not want to be in that situation. Yes, its probably legal. No, I would not want to do that. Lots of perfectly legal things can earn you a very bad day .... let me introduce you to this fellow named leonard ...

[Guest Star1021Scott]

Well, do what you want, but if you offended the LEO enough that he is searching you car, and he finds a pistol in the glove compartment, even unloaded I would not want to be in that situation. Yes, its probably legal. No, I would not want to do that. Lots of perfectly legal things can earn you a very bad day .... let me introduce you to this fellow named leonard ...

I actually think leaving it out in the open unloaded would actually give the officer probable cause to search you. Considering that TN does not requre you to inform an officer even if you are transporting. Why would you even mention you were legally transporting a unloaded firearm where the ammo was seperate from each other, unless being specifically asked? In a basic traffic stop i've never been asked that question.

[Guest bkelm18]

Well, do what you want, but if you offended the LEO enough that he is searching you car, and he finds a pistol in the glove compartment, even unloaded I would not want to be in that situation. Yes, its probably legal. No, I would not want to do that. Lots of perfectly legal things can earn you a very bad day .... let me introduce you to this fellow named leonard ...

Did you seriously compare transporting a gun in a legal manner to Leonard's antics? Wow. You either watch too many movies or spend too much time on the Internet.

[JoeJ615]

ok seems to be a pretty unanimous answer ty all for the help

i figured it was probably a stupid question .. but then again the only thing worse than asking a stupid question is NOT asking so yeah lol

Edited March 12, 2012 by JoeJ615

[Jonnin]

Did you seriously compare transporting a gun in a legal manner to Leonard's antics? Wow. You either watch too many movies or spend too much time on the Internet.

Much of what he did was legal as well. I am simply recommending a strategy that not only follows the letter of the law but will quickly back up your claim to any LEO that you are simply on the way to/from a range with a legal firearm and are not up to anything. Yes, its perfectly legal for a non permit holder to toss an empty, unholstered, unboxed, "loose" gun in the glove box and haul it around. I still say doing it that way is going to get you a long Q&A session with the officer if it is discovered, compared to having it in a proper box, bag, or the like, stored in the trunk or, still in the bag/box, in the back seat. Loose in the back seat: not recommended at all, that was not what I meant! Basically, as a non permit holder, you want to look more like someone actually enjoying a nice day at the range and less like someone who just *said* they were going to the range... to minimize any potential (if far fetched) problems.

[Fallguy]

Regardless of transporting in the glovebox or not, I'm not sure I would have it in the open where a LEO might see it before I could tell them what's going on either.

If it's out of sight....should be no reason the subject even comes up.

[Oh Shoot]

unloaded and not "easily" loaded in the car. Supposed to be in plain view or ...

Nothing in the statutes about being in plain view. Indeed that's one stupid way of carrying it.

Like FallGuy says, permit or not, you really want a cop to see a gun on the seat as very first thing in your interaction with him? Yikes.

- OS

[Guest 270win]

No it is not legal to keep a loaded pistol in your glovebox in TN. It is 'intent to go armed' misdemeanor and most people are fined a few hundred dollars and the gun is taken. Stupid law that needs to be changed. This is legal I know in Mississippi, Kentucky, Georgia, Florida without any sort of license. It is sometimes legal in Arkansas.

[tnhawk]

I wouldn't keep a loaded gun in the glovebox, as most vehicle owners have their registration stored there. When an officer asks for insurance and registration, it won't be good if the officer sees a gun there.

[Fallguy]

I wouldn't keep a loaded gun in the glovebox, as most vehicle owners have their registration stored there. When an officer asks for insurance and registration, it won't be good if the officer sees a gun there.

I keep my handgun on me even in the car, but I have moved my registration and insurance to the sun visor just so I don't have to do a bunch of moving around etc....

[BluewaterTactical]

I keep my handgun on me even in the car, but I have moved my registration and insurance to the sun visor just so I don't have to do a bunch of moving around etc....

This ^^^^^. Plus my glove box takes a 6 yr engineering degree to close from the drivers seat.

BluewaterTacticalDefense

[Romad7]

Let's take this train of thought a little further.

The reason (in this situation) to be carrying a firearm unloaded with full mags separate in a legal fashion would be just in case something happened where you needed to use that firearm in self defense. I am pretty sure we aren't just talking about transporting from point A to B (gunsmith, range, etc) more a daily, regular thing.

So, if you were to put the two pieces together in order to defend against a threat are you now open carrying without a license? Which, I believe, is illegal in TN.

Does that sound about right? I also have this "friend" that just started doing this and the question came up.

Edited March 13, 2012 by Romad7

[Romad7]

Found a related post to go with this. I guess just be very sure that it's worth the risk.

TCA. Mentioned a good bit from time to time here. Enacted in 1994.

"39-17-1322. Defenses.

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."

"part" is 39-17-1301-63, the weapons law section.

- OS

Edited March 13, 2012 by Romad7

[McAllyn]

I tend to think the "immediate vicinity" reference means that if both weapon and ammunition are in close enough proximity to each other (both being within reach), you could get in trouble. Best bet, get a permit. Problem solved.

Mac

[Guest Torrin]

I tend to think the "immediate vicinity" reference means that if both weapon and ammunition are in close enough proximity to each other (both being within reach), you could get in trouble. Best bet, get a permit. Problem solved.

Mac

I get worried going to the range with my pistol in my range bag with 300+ rounds of ammo. I keep my magazines unloaded, and if I am driving far, I put the silly Ruger lock on it. (HCP should arrive next week)

[Romad7]

Good point, a permit is definitely my goal, I hate uncertainties this serious.

[Fallguy]

Let's take this train of thought a little further.

The reason (in this situation) to be carrying a firearm unloaded with full mags separate in a legal fashion would be just in case something happened where you needed to use that firearm in self defense. I am pretty sure we aren't just talking about transporting from point A to B (gunsmith, range, etc) more a daily, regular thing.

So, if you were to put the two pieces together in order to defend against a threat are you now open carrying without a license? Which, I believe, is illegal in TN.

Does that sound about right? I also have this "friend" that just started doing this and the question came up.

I think I get what you are saying....I agree that transporting a handgun in the glovebox would not be a "normal" way to be transporting it to the range.

But basically if it is being transported in anyway that would be considered "unloaded" but the definition above, he could be trouble.

But as someone else pointed out....if he found himself in a true self-defense situation 39-17-1322 should help keep him from being charged or convicted.

[Fallguy]

Good point, a permit is definitely my goal, I hate uncertainties this serious.

Why I don't recommend breaking the law at all....it is not "that" serious.

If no one else is around, like in a car, and it is only your first offense it is a Class C misdemeanor. Now if you are in a place open to the public and one or more people are around it is a Class A misdemeanor.

The biggest penalty to me would be confiscation of the handgun though.

[Guest ArmaDeFuego]

No it is not legal to keep a loaded pistol in your glovebox in TN. It is 'intent to go armed' misdemeanor and most people are fined a few hundred dollars and the gun is taken. Stupid law that needs to be changed. This is legal I know in Mississippi, Kentucky, Georgia, Florida without any sort of license. It is sometimes legal in Arkansas.

This.

Its legal in most states around here, but not in TN.

[Makiaveli]

If you don't have a carry permit any firearm must be transported unloaded.

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."

from 39-17-1301(18) http://www.lexisnexi...ttopics/tncode/

So a single/double shotgun could be legal with ammo laying right beside it? Since it isn't loaded and no "clip or magazine" is nearby?