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long gun carry outside vehicle


Guest XD45ACP

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Guest XD45ACP
Posted

Is it legal to walk down a street with a long gun,mag loaded chamber clear if you have a HCP? I know the law about carrying in a vehicle but Ive found nothing on just carrying one.Would it make a difference if in a case?

Guest bkelm18
Posted

Noooo noo. Your Handgun Carry Permit does not allow you to carry a rifle. I'm not sure if it's legal or not to carry the rifle completely empty (no ammo anywhere near the rifle), but definitely not in the condition you described.

Posted

Noooo noo. Your Handgun Carry Permit does not allow you to carry a rifle. I'm not sure if it's legal or not to carry the rifle completely empty (no ammo anywhere near the rifle), but definitely not in the condition you described.

If ammo were anywhere on your person at all, it would be in "immediate vicinity of the person or weapon". Wouldn't fit the "unloaded" definition either.

- OS

Guest bkelm18
Posted

If ammo were anywhere on your person at all, it would be in "immediate vicinity of the person or weapon". Wouldn't fit the "unloaded" definition either.

- OS

I meant just carrying the rifle with no ammo for it at all on your person. I think that would be legal but rather pointless.

Posted

I meant just carrying the rifle with no ammo for it at all on your person. I think that would be legal but rather pointless.

Yes and yes.

- OS

Posted

Still couldnt have it chambered within sight of a road.

Guess everbody will have to wait till TEOTWAWKI to walk the streets with their ARs and AKs

Posted

Still couldnt have it chambered within sight of a road.

Guess everbody will have to wait till TEOTWAWKI to walk the streets with their ARs and AKs

Thats why one of my ARs is a pistol, its legal on HCP should I ever feel that threatened. Unlikely, but that base is covered.

Posted

Thats why one of my ARs is a pistol, its legal on HCP should I ever feel that threatened. Unlikely, but that base is covered.

Now that's working the system in your favor...

Guest ExTexan
Posted

Dont think I could find myself doing that even if I legally have the right...just too much attention for myself.

Guest XD45ACP
Posted

Yeah Ive seen that video.I dont plan on trying it ,still I have yet to see a TN law that says thou shall not for rifles.I was hoping someone could show me that law.

Posted

Yeah Ive seen that video.I dont plan on trying it ,still I have yet to see a TN law that says thou shall not for rifles.I was hoping someone could show me that law.

Quite simple:

39-17-1307: "A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4''), or a club."

There are various exceptions and defenses, but none cover a loaded long gun in general public.

- OS

Posted

+1

It is illegal for anyone to carry any firearm in Tennessee, even HCP holders. It is illegal to carry a pistol, rifle or shotgun.

What keeps us out of trouble is the exceptions and defenses to the law. A HCP that is armed with a pistol is still guilty of unlawful carrying or possession of a firearm but because of the exception they cannot be charged.

It isn't that a HCP makes it legal to carry, because it is still illegal, the HCP just makes it so you cannot be charged with the crime of unlawful carrying or possession of a firearm. There is a difference between something being legal and something being illegal with an exception.

The HCP gives exception to handguns only, not rifles or shotguns. So it remains illegal to carry a firearm, including rifles, by everyone without regard to their HCP status.

By default the only type of firearm excepted is a handgun. And because a rifle is not mentioned in the exception it is illegal to be in possession of it.

Dolomite

Dolomite

  • Like 1
Guest Cogent Design
Posted

What if it's on your property in a subdivision?

Posted

What if it's on your property in a subdivision?

"Place of residence" and "premises" are among the exceptions.

- OS

Posted

things sure have changed. growing up i had to walk about 1/2 mile on a public road to get to the woods. no one bothered or cared. officers drove by and waved and went on their way. that was up into the 60s then i got lazy and had a vehicle

Posted
things sure have changed. growing up i had to walk about 1/2 mile on a public road to get to the woods. no one bothered or cared. officers drove by and waved and went on their way. that was up into the 60s then i got lazy and had a vehicle

Used to do the same thing back in the early 70s, would walk down Main St. in Kingston Springs with a Sears Ted Williams 12ga., I did how ever keep the action open until I got to the old hay field by the Harpeth River, which is now the park. The deputy sheriff who patrolled south Cheatham would just wave at me, he just assumed I was going rabbit or bird hunting.

Posted

things sure have changed. growing up i had to walk about 1/2 mile on a public road to get to the woods. ...

Used to do the same thing back in the early 70s, would walk down Main St. in Kingston Springs with a Sears Ted Williams 12ga.,...

I'm sure there are still small towns here and there where you can still do it, assuming you're known there. Just a lot fewer of them.

I too grew up when half the pickup trucks in the county had a rifle or shottie in the window, even in high school parking lot.

Even in college at UT (late 60's), I had a .22 pistol in dorm, couple other guys had guns too, we just never thought anything about it, used to shoot rats at night at a dump in downtown Knoxville!. RA knew about them, he was grad student in Nat Guard, had a Garand in his room. I guess it was against the "rules" then, but dunno when actual laws were passed and so forth.

- OS

Posted

Hah my roomie had a .22 in the dorm too. In 1994. I told him it was dumb but he said if he left it at home his brother would do something dumb with it. No one ever found it and he never took it out, it was just stored deep in his stuff --- I only knew it was there cause I saw it on move in day.

Guest XD45ACP
Posted
It is illegal for anyone to carry any firearm in Tennessee, even HCP holders. It is illegal to carry a pistol, rifle or shotgun.

Thats not quite true.39-17-1307 the offense is with intent to go armed.The burden is on the state to prove that.article 1 section 26 of TN constitution says we have a right to keep and bear arms.but the state can regulate the wearing of arms.

Wait a minute, we can keep and bear but the state will tell us where ''with a view to prevent crime'' what BS

Posted (edited)

Thats not quite true.39-17-1307 the offense is with intent to go armed.The burden is on the state to prove that....

Loaded gun establishes going armed in TN, simple as that. Spin it any way you want, but that's simply what the statutes narrow it down to, and that's the basis on which you would be charged unless your behavior fell into one of the defenses or exceptions. And gun does not have to have bullets actually in it to be "loaded", also defined by TN statute.

The state does not have to prove you had homicidal intent or anything. Indeed, carry for defensive purposes only is also "going armed".

- OS

Edited by OhShoot
Guest Skeeter
Posted (edited)

Thats not quite true.39-17-1307 the offense is with intent to go armed.The burden is on the state to prove that.article 1 section 26 of TN constitution says we have a right to keep and bear arms.but the state can regulate the wearing of arms.

Wait a minute, we can keep and bear but the state will tell us where ''with a view to prevent crime'' what BS

.

If you have it in your hand or in your immediate control. You are by Law Intending to Go Armed.

When you get to Court be Creative, It's a Lot Easier to beat the Case than the Ride Downtown. :panic:

.

Edited by Skeeter
  • 2 months later...
Guest Darthlaidher
Posted

Quite simple:

39-17-1307: "A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4''), or a club."

There are various exceptions and defenses, but none cover a loaded long gun in general public.

- OS

Is that a fixed blade or all knives? If people can't carry a knife 4" or bigger TN knife laws suck.

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