Son asked me a question to settle an argument

[Chas.]

The argument stems from whether or not an individual, without a carry permit, can carry a loaded handgun in his/her car.  My response was, under Tennessee's castle doctrine, it was in fact legal.  Am I incorrect?

Edited December 21, 2012 by Chas.

[Guest bkelm18]

Yes you are incorrect. You cannot have a loaded weapon in your vehicle without a carry permit.

[R_Bert]

The argument stems from whether or not an individual, without a carry permit, can carry a loaded handgun in his/her car.  My response was, under Tennessee's castle doctrine, it was in fact legal.  Am I incorrect?

 

you are not correct.  What you describe is intent to go armed, which is illegal.

[R_Bert]

BTW, welcome to TGO

[nightrunner]

Castle doctrine includes your place of residence. NOT your vehicle.

[Chas.]

Thank you for the welcome.  I'm not trying to be a contrarian, but I'm confused.  I understood that your "castle" extended to your car and other places.  If a bad guy is trying to break into my car to get to me or my wife, and we are in fear for our lives, I can shoot him with a firearm that I'm not supposed to have?  Would that be a correct interpretation of a given scenario?

[Guest bkelm18]

"Castle Doctrine" and carry laws are two completely separate things. Castle Doctrine does not mean you can have a loaded weapon anywhere it applies. It only means you are presumed to have been in fear of your life and took the necessary actions to protect yourself.

[nightrunner]

Not really relating to castle doctrine and i highly advise against it but supposedly if you are involved in an otherwise justified clean self defense shoot, they cant charge you with intent to go armed.

[GlockSpock]

Not really relating to castle doctrine and i highly advise against it but supposedly if you are involved in an otherwise justified clean self defense shoot, they cant charge you with intent to go armed.

 

In other words, if you were to keep a loaded firearm in your car and used it to defend yourself in a "clean" shooting, you will not be prosecuted for the weapon violation. This is in TN. I believe this applies to schools and other places to. So for example, if you were breaking the law by carrying on school grounds but used that gun to stop a mass murderer, you would be protected from the state. 

 

That is my understanding.

 

My advice? Get a permit. 

[gregintenn]

To take it a bit further, technically, in Tennessee, I believe you are breaking the law by carrying even if you have a permit. The permit is just a defense to breaking that law.

[Oh Shoot]

Thank you for the welcome.  I'm not trying to be a contrarian, but I'm confused.  I understood that your "castle" extended to your car and other places.  If a bad guy is trying to break into my car to get to me or my wife, and we are in fear for our lives, I can shoot him with a firearm that I'm not supposed to have?  Would that be a correct interpretation of a given scenario?

Essentially yes, you are correct.

 

TN weapons law is rather wacky that way.

 

Not only can you shoot him with the loaded weapon you are not supposed to have, but you are not to be charged for unlawful carry if you do so in a justified shoot to protect yourself or another.

 

Of course, getting caught with it in the car in general, you risk up to a year in the slammer and/or a fine of $5000.

 

Thus the wisdom of our exalted legislature here is, I suppose,  that if you pack a loaded gun in your vehicle without a permit, you are also encouraged to find a bad guy? ;)

 

- OS

[Fivestring63]

Everybody is correct but remember you can have a gun in your car without a permit as long as gun and ammo are separated.

[Wyldk2]

Can you not carry a loaded handgun in your car on your own property? Wouldn't it be the same if you were walking on your property with a gun?

 

without a permit?

Edited December 21, 2012 by Wyldk2

[Fivestring63]

Do anything you want on your property.

[nightrunner]

On your property and in your vehicle are DIFFERENT in Tennessee according to the law. On your property you can do as you please but in your vehicle is no different than walking down Main St.

[Chas.]

Thanks to everyone for their responses.

[Patton]

<blockquote class='ipsBlockquote'data-author="nightrunner" data-cid="864795" data-time="1356054568"><p>
Not really relating to castle doctrine and i highly advise against it but supposedly if you are involved in an otherwise justified clean self defense shoot, they cant charge you with intent to go armed.</p></blockquote>
Strange but true in TN.

[Guest XD_TN]

I think they all covered it. Not legal without permit, can't be prosecuted if the existence of the gun is discovered in a justified self defense scenario. If they find out through other means, you will have a bad day.

I assume it is in place to be sure no one has to worry about prosecution in a self defense scenario if they are using an illegally carried weapon.

Solution is easy, get the permit.

[Spiffy]

Yes you are incorrect. You cannot have a loaded weapon in your vehicle without a carry permit.

 

 

Well you can have a loaded weapon in your vehicle without a carry permit.......it is just illegal to do so.

[kellyII]

Castle law does cover your house, car and any attachment of your house. Yes you can legally have a loaded gun in your car or on your person.
However once you leave your property the gun has robe unloaded and ammo not within close proximity of the weapon or you.

[Guest bkelm18]

Well you can have a loaded weapon in your vehicle without a carry permit.......it is just illegal to do so.

 

Oook... :shrug:

[sigmtnman]

Oook... :shrug:

Grammer joke?   Cannot == physically unable and can not == able to but not allowed.  Or perhaps I'm way off base...

[monkeylizard]

Spiffy is pointing out the grammar.

 

Like most other laws, nothing's actually stopping anyone from carrying in their vehicle w/o a permit. It's illegal, but you can do it. I wouldn't advise that as a wise course of action, and one certainly should not do it.

[Spiffy]

Spiffy is pointing out the grammar.

 

Like most other laws, nothing's actually stopping anyone from carrying in their vehicle w/o a permit. It's illegal, but you can do it. I wouldn't advise that as a wise course of action, and one certainly should not do it.

 

 

Yup!

[Murgatroy]

Grammer joke?   Cannot == physically unable and can not == able to but not allowed.  Or perhaps I'm way off base...

Cannot, Can't and Can Not are all the same.

 

The difference you were looking for was May Not.

Edited December 24, 2012 by Murgatroy