Handgun carry under 21?

[Guest freg]

Im 20 and from what I've read I can legally buy a handgun from an individual but not a dealer which is no problem. My question is I spend a lot of time out in the backwoods by myself where I often dont see people for days and want to buy a handgun for protection. Is it legal for me to carry a handgun in these remote locations or do i have to strap a 12ga on my back? Any information is greatly appreciated

[Guest j2thawood]

From what I understand you can't carry unless you are 21 and have a carry permit unless you are hunting or you are on your own property.

[Guest heyrakes]

if you can't carry in TN you should go to NC, VA , or WV. you can carry in those states at 18. i think you can in KY, but i not sure of that

[Oh Shoot]

The law only varies in relation to handgun carry for juveniles.

For adults, there is no difference between loaded handgun and loaded long gun as far as unlawful carry.

The catchall "outdoor" exemption for carrying without a permit is:

" (4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity"

Your mileage may vary on its exact interpretation by whatever LEA you may encounter. For example, folks have been asked to show permit for carrying handguns in state parks, even though they were obviously there for one or more of the mentioned activities. Had they not had one ... dunno.

The legal hunting part and sport shooting (at least at an actual range) are pretty clear cut, even juveniles could do that. The others, as I said, dunno, in real world practice.

- OS

Edited June 2, 2012 by OhShoot

[Guest freg]

The law only varies in relation to handgun carry for juveniles.

For adults, there is no difference between loaded handgun and loaded long gun as far as unlawful carry.

The catchall "outdoor" exemption for carrying without a permit is:

" (4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity"

Your mileage may vary on its exact interpretation by whatever LEA you may encounter. For example, folks have been asked to show permit for carrying handguns in state parks, even though they were obviously there for one or more of the mentioned activities. Had they not had one ... dunno.

The legal hunting part and sport shooting (at least at an actual range) are pretty clear cut, even juveniles could do that. The others, as I said, dunno, in real world practice.

- OS

So is what you're saying is there is an exemption to a carry permit if you're fishing or camping? Thats the whole reason im out there, it would just be really inconvient to have to wade and bushwack with a 12ga. Not that this means anything but from what I've heard the LEA in this area is pretty laid back.

[Oh Shoot]

So is what you're saying is there is an exemption to a carry permit if you're fishing or camping? Thats the whole reason im out there, it would just be really inconvient to have to wade and bushwack with a 12ga. Not that this means anything but from what I've heard the LEA in this area is pretty laid back.

You keep saying shotgun as alternative. I repeat, there is NO difference in the law for a adult non-HCP holder between possessing loaded handgun or long gun. The prohibitions and exceptions apply to either equally.

Note this is not legal advice. Also note that a "defense" does not prevent you from being hassled, detained, or even charged. Some LEA know some parts of TCA less well than others. I'd carry a copy of it, couldn't hurt.

The entire statute:

--------------------

39-17-1308. Defenses to unlawful possession or carrying of a weapon.

(a) It is a defense to the application of § 39-17-1307 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;

(2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;

(3) At the person's:

(A) Place of residence;

( Place of business; or

© Premises;

(4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;

(5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;

(6) By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties;

(7) By a state, county or municipal judge or any federal judge or any federal or county magistrate;

(8) By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;

(9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws; or

(10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and the provisions of this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state.

( The defenses described in this section are not available to persons described in § 39-17-1307( (1).

HISTORY: Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 7; 1993, ch. 200, § 1; 1996, ch. 1009, §§ 20, 21; 1997, ch. 476, § 3; 1999, ch. 295, § 1; 2003, ch. 144, § 2.

-----------------

note: a "b" in "()" turns into ( a "c" in "()" into ©

Edited June 2, 2012 by OhShoot

[Mike.357]

OS covered it.

Bottom line is if you are caught carrying your judge and jury for that day will be the LEO you are dealing with.

Lots of gray in your situation.

[Guest freg]

Hey thanks for posting the statute, Im sure what you're saying about long guns being the same is true but thats what I had been doing, and just having the excuse of hunting if questioned.

[Oh Shoot]

Hey thanks for posting the statute, Im sure what you're saying about long guns being the same is true but thats what I had been doing, and just having the excuse of hunting if questioned.

If you're using hunting as an excuse, you'd better have a license, be hunting something in season, and on land allowed to hunt on, eh? Otherwise you just pled guilty to a hunting violation, the penalties for which can be as bad as for unlawful carry.

Btw, you can hunt big game with any centerfire pistol with any barrel length. Yep, you can go after bear with a .25 derringer. TN is really stoopid with a lot of gun and hunting laws.

- OS

[gjohnsoniv]

Btw, you can hunt big game with any centerfire pistol with any barrel length. Yep, you can go after bear with a .25 derringer. TN is really stoopid with a lot of gun and hunting laws.

- OS

They're just trying to eliminate the stoopid hunters. That or they want people to play a version of a "The Most Dangerous Game."

[Guest agt.dealer]

But a shotgun is not a long gun right?but just wait a year and go carry permit!then you can't go wrong!

[gjohnsoniv]

But a shotgun is not a long gun right?but just wait a year and go carry permit!then you can't go wrong!

Shotgun falls under the long gun category I do believe.

[Oh Shoot]

But a shotgun is not a long gun right?but just wait a year and go carry permit!then you can't go wrong!

Shotgun falls under the long gun category I do believe.

Yes, of course a shotgun is a long gun.

And no, an HCP does not allow you to walk around with a loaded long gun -- you must still be under one of the protective defensive clauses to do so.

The only thing an HCP allows you to do with a long gun over the non-permitted individual is to carry one loaded in your vehicle (sans one in chamber).

- OS

Edited June 2, 2012 by OhShoot

[Guest freg]

OS covered it.

Bottom line is if you are caught carrying your judge and jury for that day will be the LEO you are dealing with.

Lots of gray in your situation.

From the way the statute reads it doesnt seem like there should really be any gray if Im fishing and camping. (which would be obvious by all of my fishing gear I carry? right)

[Oh Shoot]

From the way the statute reads it doesnt seem like there should really be any gray if Im fishing and camping. (which would be obvious by all of my fishing gear I carry? right)

The gray would probably come into play when a given LEO or ranger who may not know this lesser visited part of the carry statutes.

Btw, you can't carry in a state park or WMA without a HCP, unless legally hunting or in designated shooting range area. Might want to read 39-17-1311. This is a separate charge from unlawful carry in 1307.

TVA and Army Corps of Engineers properties are very gray indeed (TN property managed by ACOE or TVA federal land, etc), seems everyone gets by with a permit if noticed, but without one may be another matter.

Come to think of it, if not hunting or have HCP, there's not a helluva lotta places the defenses in 1308 may actually avail you considering the scope of 1311.

It's premise is:

"It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes."

So that leaves National areas... don't know about National Recreation Areas or Forests, but you can't carry in GSMNP in TN without a permit.

You you may well find that even though you wouldn't ultimately be charged with unlawful carry, you could be hit with an offense of carrying in these areas, and it's actually same or worse penalty as unlawful carry too (Class A Misdemeanor as opposed to possible Class C, B, or A).

TN does not really deserve the "Patron State of Shooin' Stuff" moniker that many think it does. It's actually a pretty uptight place to try to tote guns around in, especially for those who for various reasons can't pay for the privilege to do it.

- OS

Edited June 3, 2012 by OhShoot

[Guest freg]

The gray would probably come into play when a given LEO or ranger who may not know this lesser visited part of the carry statutes.

Btw, you can't carry in a state park or WMA without a HCP, unless legally hunting or in designated shooting range area. Might want to read 39-17-1311. This is a separate charge from unlawful carry in 1307.

TVA and Army Corps of Engineers properties are very gray indeed (TN property managed by ACOE or TVA federal land, etc), seems everyone gets by with a permit if noticed, but without one may be another matter.

Come to think of it, if not hunting or have HCP, there's not a helluva lotta places the defenses in 1308 may actually avail you considering the scope of 1311.

It's premise is:

"It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes."

So that leaves National areas... don't know about National Recreation Areas or Forests, but you can't carry in GSMNP in TN without a permit.

You you may well find that even though you wouldn't ultimately be charged with unlawful carry, you could be hit with an offense of carrying in these areas, and it's actually same or worse penalty as unlawful carry too (Class A Misdemeanor as opposed to possible Class C, B, or A).

TN does not really deserve the "Patron State of Shooin' Stuff" moniker that many think it does. It's actually a pretty uptight place to try to tote guns around in, especially for those who for various reasons can't pay for the privilege to do it.

- OS

I'll say, it just seems crazy to me that I can be sent off to war but not allowed to legally defend myself.

[Oh Shoot]

I'll say, it just seems crazy to me that I can be sent off to war but not allowed to legally defend myself.

Hell, people with carry permits aren't allowed to defend themselves in some of the most dangerous places they frequent ("gun free zones").

But yes,. I'm ashamed of TN in these regards, especially in the case of 18-20 year olds.

- OS

Edited June 3, 2012 by OhShoot

[DaveTN]

I'll say, it just seems crazy to me that I can be sent off to war but not allowed to legally defend myself.

Know what you mean. I joined the service during Vietnam; but I couldn’t legally buy a beer in the states.

But enjoy it because there will come a time when you would gladly give up the right to buy a gun, or a beer, to be back there.

[Guest 270win]

If you don't have a handgun carry permit, and you are 20, you can take your handgun to the range, hunting, fishing, keep at your house/business/hotel room. You need to transport it unloaded between those locations.

For example, you live in Nashville and want to take a trip to Memphis for the weekend, you can put your unloaded gun in the trunk, take it with you to Memphis. When you get to your hotel room in Memphis, load your gun. Or if you go to a buddy's pond to fish, again transport the gun unloaded and load it when you get to your buddy's pond. Same with hunting or somewhere you are going to shoot. You can have a firearm with you when you are say camping out on somebody's land.

[Guest freg]

If you don't have a handgun carry permit, and you are 20, you can take your handgun to the range, hunting, fishing, keep at your house/business/hotel room. You need to transport it unloaded between those locations.

For example, you live in Nashville and want to take a trip to Memphis for the weekend, you can put your unloaded gun in the trunk, take it with you to Memphis. When you get to your hotel room in Memphis, load your gun. Or if you go to a buddy's pond to fish, again transport the gun unloaded and load it when you get to your buddy's pond. Same with hunting or somewhere you are going to shoot. You can have a firearm with you when you are say camping out on somebody's land.

Yeah thats been my understanding, unfortunatly most of my camping and fishing is on public land.

[TN Outlaw]

You should be able to carry when your 18 IMO

[DaveS]

If I'm not mistaken, you must be 21 years old or older to hunt with a handgun in the state of Tennessee.

[DaveS]

If you're using hunting as an excuse, you'd better have a license, be hunting something in season, and on land allowed to hunt on, eh? Otherwise you just pled guilty to a hunting violation, the penalties for which can be as bad as for unlawful carry.

Btw, you can hunt big game with any centerfire pistol with any barrel length. Yep, you can go after bear with a .25 derringer. TN is really stoopid with a lot of gun and hunting laws.

- OS

And...a HUNTER SAFETY course!

[DaveS]

I did some checking and was told that you can hunt with a handgun if you meet the following criteria; be 18 or older, have a valid hunting license, hunter safety course and have the right weapon for the game you "say" you are hunting. Don't say you are "small game" hunting and have a centerfire pistol on you, don't say you are deer hunting with a "rimfire". Most public land doesn't allow possesion of firearms of any kind out side of HCP and/or legal hunting season.

I hope this helps...

Dave

[Oh Shoot]

If I'm not mistaken, you must be 21 years old or older to hunt with a handgun in the state of Tennessee.

....

Of course, all those things apply to everyone out there in the woods without HCP, not just under 21, except the safety course for old folks.

You sure minors can't use handguns, too?

- OS

Edited June 6, 2012 by OhShoot