Case law on TCA 39-17-1308a4

[JayC]

I'm curious if any of the lawyers, or us arm chair legal beagles are aware of any case law involving TCA 39-17-1308(a)(4):

 

 

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

 

In particular I'm curious what all is included in "other lawful activity".

 

Is there any case law on this?  Is there any case law on "Incident to"? 

 

I've done some basic searches and I'm not coming up with anything...  

 

Any help would be appericated.

[monkeylizard]

There's nothing in 39-17-1301 (definitions) for "lawful activity" so I think it would be anything you can legally do with a device defined as a weapon in 1307 (a firearm, a knife with a blade length exceeding 4'', or a club).

 

A sword fighting class might be an example of "other lawful activity".

 

Keep in mind that the defence you're focusing on in 1308 is only if posession is "incident to" the activity. A firearm while camping w/o an HCP is a no-no as a firearm is not incident to camping, but a machette for chopping firewood would be fine. You probably know that, but I don't want anyone coming along and reading that snippet of 39-17-1308 and thinking they're good to go for camping without an HCP.

Edited January 14, 2013 by monkeylizard

[gjohnsoniv]

Don't try and pull a Kwik.

[TMF]

[quote name="monkeylizard" post="884753" timestamp="1358187810"]   Keep in mind that the defence you're focusing on in 1308 is only if posession is "incident to" the activity. A firearm while camping w/o an HCP is a no-no as a firearm is not incident to camping, but a machette for chopping firewood would be fine. [/quote] So then what's the deal with fishing? I've seen some big catfish, but not so big I need a sidearm for it.

[monkeylizard]

Don't try and pull a Kwik.

 

He ran afoul of other things, but yeah, Don't do that.

 

It's good place for an example though. Hiking in Radnor Lake SP is a lawful activity. If you happened to be there for one of the many trail maintenance days and were using a machette to clear back some brush, that's fine. I wouldn't suggest using a pistol version of an AK or AR (with or without an orange tip) for that same task.

[monkeylizard]

So then what's the deal with fishing? I've seen some big catfish, but not so big I need a sidearm for it.

 

It's a defense to a "weapon" not specifically a firearm. Weapon in this case (39-17-1307) = firearm, club, or knife with blade over 4"

 

For fishing it could be a fileting knife over 4", or maybe you bonk the catfish over the head with a club. Either is "incident to" fishing.

Edited January 14, 2013 by monkeylizard

[TMF]

[quote name="monkeylizard" post="884775" timestamp="1358188513"]   For fishing it would be a fileting knife over 4", or maybe some of you bonk the catfish over the head with a club....[/quote] I call it the "Sarah Palin" technique.

[Guest Lester Weevils]

So then what's the deal with fishing? I've seen some big catfish, but not so big I need a sidearm for it.

 

When I was a kid in Louisiana long ago, if people happened to catch alligator gars they would generally want to shoot em in the head before hauling em into the boat, either that or cut em loose and lose the tackle. Those were foul-tempered critters that could live a long time out of water.

 

Don't fishermen around here like a sidearm mostly for no-legged and two-legged land animals? Been a long time since I wend fishing.

[monkeylizard]

Don't fishermen around here like a sidearm mostly for no-legged and two-legged land animals? Been a long time since I wend fishing.

 

Dispatching two-legged critters would not be "incident to" fishing. The defense in 1308 against a weapons charge in 1307 for the gar probably wouldn't hold up without an HCP unless it could be shown that you were indeed dispatching those nasty gar with your pistola.

 

All other "discharging of a firearm" laws would still apply and if you're shooting the fish there may be another law (or local ordinance) that you could be crossing.

Edited January 14, 2013 by monkeylizard

[Guest 270win]

I was under the impression that you could carry or have a firearm with you while camping without any sort of permit.

[monkeylizard]

I was under the impression that you could carry or have a firearm with you while camping without any sort of permit.

 

That impression would be wronger than a wrong thing that is mistaken. Sort of and maybe

 

A tent meets the defnition of a "habitation" defined in 39-14-401 regarding burglary and such. There is no such defnition of "residence" in 39-17-1301. It may or may not be a residence for using the 1308 defense. even if tent = residence then you could only legally have the firearm loaded inside the tent, and not in the campsite or on the way to-from your car and tent.

 

HCP makes it all so much simpler.

Edited January 14, 2013 by monkeylizard

[DaveTN]

I haven't found any good law to search court rulings. TN.gov lets you, but you need a name, case number or Judge.

 

I would guess it would depend on how and why you are having a conversation with the cops about a gun.

[JayC]

Not to be rude, I'm aware of what most of us think incident to, and other lawful activity is...

 

I'm looking for case law on the subject, case numbers, rulings, opinions etc that deal with 39-17-1308(a)(4).

Edited January 14, 2013 by JayC

[DaveS]

Dispatching two-legged critters would not be "incident to" fishing. The defense in 1308 against a weapons charge in 1307 for the gar probably wouldn't hold up without an HCP unless it could be shown that you were indeed dispatching those nasty gar with your pistola.

 

All other "discharging of a firearm" laws would still apply and if you're shooting the fish there may be another law (or local ordinance) that you could be crossing.

It's unlawful to shoot fish with a firearm. Just saying....

 

Dave S