Going to Gatlinburg without carry permit.

[Jesse]

We are going in vac to gatlinburg in a few months and will be staying in a cabin. Now if I dont get my permit by then, what are the laws on protecting yourself in something like a rental house or cabin? Of course i wouldnt carry without a permit. But can i still protect my family inside the rental with my gun? Like i could my own house?

[TGO David]

The laws for traveling there are the same as if you were transporting your firearm to the range without a permit. Once you get there, it's the same as having it in your own home.

[Oh Shoot]

We are going in vac to gatlinburg in a few months and will be staying in a cabin. Now if I dont get my permit by then, what are the laws on protecting yourself in something like a rental house or cabin? Of course i wouldnt carry without a permit. But can i still protect my family inside the rental with my gun? Like i could my own house?

Far from any kind of legal advise here, but most opinions I've read both here and elsewhere opine that the defense of doing it in one's "place of residence" includes temporary ones also. Statutes don't address that more specifically than that AFAIK, don't know if there's TN case law or not.

You can perhaps PM one of our resident legal vendors, see if they'll respond here: Patrick Stegall (Stegall Law Firm) and/or Charles Cain (midtennchip).

- OS

edit: slow on the draw. David's statement has always been my understanding also

Edited August 12, 2012 by OhShoot

[monkeylizard]

What David said. TCA 39-11-611 has the basic self-defense law and the definitions.

"Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people;

[Oh Shoot]

What David said. TCA 39-11-611 has the basic self-defense law and the definitions.

"Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people;

Good point there, too -- although the exception to unlawful possession does not use the term "dwelling", if it's lawful to use deadly force in a "dwelling" for forcible entry, it would logically follow that it's lawful to have a loaded firearm there in the first place.

A real gray area though is where laws conflict. Like camping in an area that is posted, whether private, TVA, or perhaps ACOE. On the third hand, if you ever have to actually use the gun in justified defense, you are not to be charged with any of the gun violations listed in whole section of 39-17-13xx.

TN weapons law just sucks in that much of it is "in defense of" or "an exception to" the premise that something is illegal in the first place.

- OS

[Guest ASmartOne]

What David said. TCA 39-11-611 has the basic self-defense law and the definitions.

I wonder, does this include cars?

[Guest 270win]

The carrying laws are not really related to the justifiable homicide laws. You can illegally carry a handgun in your car but use it in justifiable self defense.

[Jesse]

Thanks everyone for your help. I feel better now.

[10-Ring]

I recommend carrying all the time of course but especially when staying in remote cabins. A few years ago my brother and I and a few friends stayed at a cabin in Gatlinberg that was off of the beaten path. I was on the couch in the front room when my brothers car alarm went off around 4 am. I figured a stick must have fallen on it or something. About that time he came down the stairs yelling and telling me to get up because the only way to set the alarm off was by lifting the door handle. There are crooks in the area for sure that pillage off of careless vacationers that leave doors unlocked. When you figure that there is a local meth problem as well (Yeah they don't buy billboards and advertise that fact) there is no way I would stay at some of those locations unarmed. That said my family stayed at one of those deals I refer to as a log house subdivision a few years ago. The rental cabins are privately owned but managed by what could be compared to a super strict HOA. They had a strict no weapons policy on all of their property, my family did not stay there again. Yall can have Gatlinberg, Pigeon Forge, and Sevierville. I'm going to stay on the other side of that range where it is nice and quiet.