Non-HCP defensive situation question

[Guest seawolf138]

I was having a discussion with some friends last night, and a very unlikely but interesting question was brought up. If someone does not have a permit, and was carrying their gun legally (gun in one section of the car and ammo in another), and in some strange turn of events you were able to get to both, load the weapon, and simply for the sake of the argument, make a completely justifiable shoot, would there be any kind of legal repercussions for not having a permit? I understand that this situation is very unlikely, but I found the question very interesting, and thought maybe someone more knowledgeable than myself (there is no shortage of them) would have the answer.

I also want to apologize if this question has been posed and answered here before, I did a search, but either couldn't find the right search phrase or it didn't exist.

[RobertNashville]

As I understand Tennessee law, no...having or not having a permit would be a non-issue.

I don't have access to the specific code at the moment but as I understand it, the only consideration in such a case would be the determination of whether they use of deadly force was appropriate (and frankly, if it was not appropriate then you are going to have a lot more to worry about).

[peejman]

Don't have time to look up and quote the statue (I'm sure someone else will), but you cannot be criminally charged for illegal possession if you've used the gun in self-defense. Anything goes in civil court.

[TrickyNicky]

From what I understand (very little) you could be illegally carrying a concealed firearm and if the shoot was good you wouldn't face criminal charges. Kind of odd I guess but I'm not complaining.

[plank white]

Since Ive had my Permit Ive been around Numerous cops while open and concealed carrying "Open carry when its just to hard to hide" and Ive never had a cop ask me for my permit Though I would have no problem if they did The only guy that came close was a cop in Bi-lo saw my gun and said Do you have a Permit I said yes do you want to see it , He said no were not really worried about the ones we can see.

http://www.tngunowne...ure-to-read-it/

3. Do not discuss illegal activities of any sort.

Illegal activities should never be discussed here. This includes but is not limited to discussion of ways to circumvent laws or regulations (see Rule #4).

Obviously a web community centered upon firearms ownership will have members from various local, State and Federal law enforcement agencies let alone be monitored by those same agencies. Don’t put them in a position to have to do something professionally about something stupid that you did or are going to do.

We would greatly prefer that our members not engage in illegal activities in the first place, but if you have you should be smart and not blab about it on the Internet.

Your post has been edited to be conmpliant with the rules.

Edited August 16, 2012 by Dolomite_supafly

[Parrothead]

Since Ive had my Permit Ive been around Numerous cops while open and concealed carrying "Open carry when its just to hard to hide" and Ive never had a cop ask me for my permit Though I would have no problem if they did The only guy that came close was a cop in Bi-lo saw my gun and said Do you have a Permit I said yes do you want to see it , He said no were not really worried about the ones we can see.

Pretty sure its against the rules to post illegal activities or suggest that one carries out illegal activites. Clearly, rules and laws don't apply to you so i'm probably wasting my time mentioning this...........To each their own

Edited August 16, 2012 by Dolomite_supafly

[RobertNashville]

Since Ive had my Permit Ive been around Numerous cops while open and concealed carrying "Open carry when its just to hard to hide" and Ive never had a cop ask me for my permit Though I would have no problem if they did The only guy that came close was a cop in Bi-lo saw my gun and said Do you have a Permit I said yes do you want to see it , He said no were not really worried about the ones we can see.

I find the above extremely irresponsible. So much for HCP holders being law-abiding citizens. Edited August 16, 2012 by Dolomite_supafly

[Guest bkelm18]

I find the above extremely irresponsible. So much for HCP holders being law-abiding citizens.

Indeed.

[Guest seawolf138]

I find the above extremely irresponsible. So much for HCP holders being law-abiding citizens.

Agreed. I wasn't trying to find a way around current TN law with my question. I have my permit, as do most of the people I know who have any interest in carrying a firearm, I was merely posting to answer my own curiosity.

[Oh Shoot]

,,,,Back to topic If I didn't have Permit I would still carry just because I would rather pay a fine then be without protection if I need it

Class A misdemeanor in public.

Fine could be $2,500 and/or 11/29 in the calaboose.

- OS

Edited August 15, 2012 by OhShoot

[peejman]

Don't have time to look up and quote the statue (I'm sure someone else will), but you cannot be criminally charged for illegal possession if you've used the gun in self-defense. Anything goes in civil court.

Here's the statute....

]39-17-1307. Unlawful carrying or possession of a weapon. [/b]

blah, blah, blah...

(e) (1) It is an exception to the application of subsection (a) that a person authorized to carry a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber. However, the person does not violate this section by inserting ammunition into the chamber if the ammunition is inserted for purposes of justifiable self-defense pursuant to § 39-11-611 or § 39-11-612.

blah, blah, blah...

Again, you can't be criminally charged but expect the inevitable civil suit to address it.

And yes, willfully carrying without a permit and posting such on the internet...

Edited August 15, 2012 by peejman

[Parrothead]

I find the above extremely irresponsible. So much for HCP holders being law-abiding citizens.

Please don't judge the whole group because of one idiot......

Edited August 16, 2012 by Parrothead

[Dolomite_supafly]

I find the above extremely irresponsible. So much for HCP holders being law-abiding citizens.

I do believe what he said indicates he would not be a HCP holder. Can't blame the HCP holders for the actions of someone who doesn't have one. If he had a HCP he would be legal and not a criminal.

Dolomite