TN Gun Laws for dummies?

[Guest Ranger Rick]

Probably been asked a hundred times... so, be kind, cause I'ld really like to know the wisdom. Question...

I'm a college educated, life experienced, confidant, smart guy. But every time I start reading thru all the gun law codes... my head starts hurting.

Is there a "Gun Laws for Dummies" booklet or website out there that in plain (understandable) English covers in detail the ins & outs of the laws we have to abide by when we carry? Cliff Notes maybe?

I think I have a fair understanding of the law. Got a HCP. But, I have this awful, nagging feeling I'm gonna somehow screw up by innocently doing something cause I missed paragraph "B", subsection "IV", exception to some other page, paragraph, group, line, what-ever-the-meaning-of-is is.

What's your strategy?

How do you keep up with it?

I’ve seen the resource pages… is one of them your favorite?

Is there something you'ld suggest to the ol' ranger?

Guess the bottom line is that I don't fear the bad guys... just their lawyers.

[TGO David]

http://www.tennesseefirearms.com/misc/book.asp

I would recommend that book. But this has me thinking more about putting together a FAQ for TN Gun Laws. Stay tuned!

[Guest ProguninTN]

I'll second the book referenced by Tungsten. It's good, but my edition is now out-of-date due to law changes.

[Guest nraforlife]

http://www.tennesseefirearms.com/misc/book.asp

I would recommend that book. But this has me thinking more about putting together a FAQ for TN Gun Laws. Stay tuned!

Ok, to be safe only carry at home after dark and not on Sundays or any day that has a vowel in it.

[Volzfan]

I picked up a booklet at the last gun show in Smyrna that is called "tennessee Handgun Permit Reference Guide". This is the link to their website. The booklet was $10.

http://www.legallyarmed.com

They also have a book that will help with traveling to other states.

[strickj]

I picked up a booklet at the last gun show in Smyrna that is called "tennessee Handgun Permit Reference Guide". This is the link to their website. The booklet was $10.

http://www.legallyarmed.com

They also have a book that will help with traveling to other states.

I picked up one of these when I took my HCP for other states.It stays in the car for any un-informed officers one may encounter whilst traveling

[Smith]

http://www.tennesseefirearms.com/misc/book.asp

I would recommend that book. But this has me thinking more about putting together a FAQ for TN Gun Laws. Stay tuned!

I think that is a great idea. Besides it would be great to be able to link to it when all the wannabe AGs start giving their interpretations of the law.

[chipperi]

Tungston I will Volunteer to do it if you like. Heres a good start

Chips quickly thrown together FAQ:

Q: Where can I not carry?

A:

• 39-17-1306 In a court building
  

• 39-17-1305 Where alcohol is served
  
• 39-17-1309 On School Property public or private (you may keep it in your car if you have a HCP)
  
• 39-17-1311 Public parks, playgrounds, civic centers and other public recreational buildings and grounds (limited exceptions like hunting or gun shows.)
  
• 39-17-1359 Posted Locations. (Loophole…Posted signs must be at every entrance and be very specific… see below:
  

The notice shall be in English but a notice may also be posted in any language used by patrons, customers or persons who frequent the place where weapon possession is prohibited. In addition to the sign, notice may also include the international circle and slash symbolizing the prohibition of the item within the circle. The sign shall be of a size that is plainly visible to the average person entering the building, premises or property and shall contain language substantially similar to the following:

PURSUANT TO § 39-17-1359, THE OWNER/OPERATOR OF THIS PROPERTY HAS BANNED WEAPONS ON THIS PROPERTY, OR WITHIN THIS BUILDING OR THIS PORTION OF THIS BUILDING. FAILURE TO COMPLY WITH THIS PROHIBITION IS PUNISHABLE AS A CRIMINAL ACT UNDER STATE LAW AND MAY SUBJECT THE VIOLATOR TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500)

If its not a proper posting the most they can do is ask you to leave.

• Most all federal properties i.e the post office.
  

Q: If I get pulled over do I have to inform that I am carrying?

A: No 39-17-1351 (n)(4) “upon demand of a law enforcement officer.”

Q: Can I open carry?

A: Yes TN law does not specify that you must concealed carry. There is no law on the books.

Q: Can I be sued in civil court for a defensive shot?

A: 39-11-622 No (unless you hit a bystander or use of force was not justified.)

Q: Can I use lethal force to defend my home, car , or other property?

A: 39-11-611 Only if you feel your life or a third persons life is in immediate danger (castle doctrine) You may however threaten force.

Q: Do I have to attempt to evade? Flight before Fight?

A: No 39-11-611((1) “where the person has a right to be has no duty to retreat before threatening or using force against another”

[Fallguy]

Not bad at all....I'm not where I can now, but there are few releveant AG opinions that can be refrenced as well.

One think I would slightly correct...

Q: Can I be sued in civil court for a defensive shot?

A: 39-11-622 No (unless you hit a bystander or use of force was not justified.)

You acutally still can be sued, but as long as it ruled justified, you are supposed to prevail with the person that sued you also pay your lawyer fees, lost time from work and any other expense incurred in defense of the suit.

[Guest 2HOW]

They sell a small booklet at gun shows thats easy to read. A friend at work bought 1 and used it to educate a leo the other day. LOL

[Guest nraforlife]

List attorneys that handle HCP issues

[Guest goomba]

List attorneys that handle HCP issues

thats a good one.

I recently finished reading "the conceald hangun manual" by Chris Bird. It was very informative. & he also mentioned in the book a TX based company that sells legal services if your ever involved in a shooting. somehthing like Pre-paid legal services for permit holder.

www.chlpp.com

and they list on their website that they are able to do buisness here in TN. Although they do not list who they would be sending to defend you if your in TN. I'll be looking into this further.

Edited June 30, 2008 by goomba

[Marswolf]

Tungston I will Volunteer to do it if you like. Heres a good start

Chips quickly thrown together FAQ:

Q: Where can I not carry?

A:

• 39-17-1306 In a court building
  

39-17-1306. Carrying weapons during judicial proceedings. —

(a) No person shall intentionally, knowingly, or recklessly carry on or about the person while inside any room in which judicial proceedings are in progress any weapon prohibited by § 39-17-1302(a), for the purpose of going armed; provided, that if the weapon carried is a firearm, the person is in violation of this section regardless of whether the weapon is carried for the purpose of going armed.

You can have a gun in the courthouse if it isn't posted and in the courtroom, if court is not in session.

I won't even get into the § 39-17-1302(a) thing....

[skipsfirearms]

chipperi

If and when you do get a page listed, I would like to put a link on my website...

[Guest Ranger Rick]

Tungston I will Volunteer to do it if you like. Heres a good start

Chips quickly thrown together FAQ:

Q: Where can I not carry?

A:

• 39-17-1306 In a court building
  

• 39-17-1305 Where alcohol is served
  
• 39-17-1309 On School Property public or private (you may keep it in your car if you have a HCP)
  
• 39-17-1311 Public parks, playgrounds, civic centers and other public recreational buildings and grounds (limited exceptions like hunting or gun shows.)
  
• 39-17-1359 Posted Locations. (Loophole…Posted signs must be at every entrance and be very specific… see below:
  

The notice shall be in English but a notice may also be posted in any language used by patrons, customers or persons who frequent the place where weapon possession is prohibited. In addition to the sign, notice may also include the international circle and slash symbolizing the prohibition of the item within the circle. The sign shall be of a size that is plainly visible to the average person entering the building, premises or property and shall contain language substantially similar to the following:

PURSUANT TO § 39-17-1359, THE OWNER/OPERATOR OF THIS PROPERTY HAS BANNED WEAPONS ON THIS PROPERTY, OR WITHIN THIS BUILDING OR THIS PORTION OF THIS BUILDING. FAILURE TO COMPLY WITH THIS PROHIBITION IS PUNISHABLE AS A CRIMINAL ACT UNDER STATE LAW AND MAY SUBJECT THE VIOLATOR TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500)

If its not a proper posting the most they can do is ask you to leave.

• Most all federal properties i.e the post office.
  

Q: If I get pulled over do I have to inform that I am carrying?

A: No 39-17-1351 (n)(4) “upon demand of a law enforcement officer.â€

Q: Can I open carry?

A: Yes TN law does not specify that you must concealed carry. There is no law on the books.

Q: Can I be sued in civil court for a defensive shot?

A: 39-11-622 No (unless you hit a bystander or use of force was not justified.)

Q: Can I use lethal force to defend my home, car , or other property?

A: 39-11-611 Only if you feel your life or a third persons life is in immediate danger (castle doctrine) You may however threaten force.

Q: Do I have to attempt to evade? Flight before Fight?

A: No 39-11-611((1) “where the person has a right to be has no duty to retreat before threatening or using force against anotherâ€

Hey guys... great stuff. Thanks for the leads on the booklets. Exactly kinda of info I'm looking for.

Kinda like the Q/A approach too. The simple answer with the brief reference is handy. Really appreciate it! Keep goin!!

[dariks]

Chips quickly thrown together FAQ:

Q: Can I use lethal force to defend my home, car , or other property?

A: 39-11-611 Only if you feel your life or a third persons life is in immediate danger (castle doctrine) You may however threaten force.

You are allowed to use deadly force against an intruder that has broken into your home. The intruder does not have to attack you first.

39-11-611

© Any person using force intended or likely to cause death or serious bodily injury within a residence, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.

[shaftbass]

Q: Can I use lethal force to defend my home, car , or other property?

A: 39-11-611 Only if you feel your life or a third persons life is in immediate danger (castle doctrine) You may however threaten force.

I don't believe that's entirely accurate.. if you are in the car, yes you may use or threaten force, but if you wake up to find someone breaking into your car outside your house, I don't believe the law allows you to threaten force in that situation until you are threatened.

As far as "other property," if you have your jack and tools at the track, and witness someone stealing them, you can't threaten deadly force. The castle doctrine applies to being in your house or in your car.

There are citizens arrest laws that allow you to use "necessary force" to detain someone who has committed a felony, but I don't know what those are specifically.

Can someone elaborate on both issues?

Edited June 30, 2008 by ReefBlueCoupe

[chipperi]

presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest,

I am not a lawyer by any stretch but that word REASONABLE can be very loosely interpreted. When your rear is in the defendants seat. If you shoot an unarmed intruder you could be in for a world of hurt especially in front of a 12 member jury that wonders why you killed an unarmed person.

[Guest ProguninTN]

I am not a lawyer by any stretch but that word REASONABLE can be very loosely interpreted. When your rear is in the defendants seat. If you shoot an unarmed intruder you could be in for a world of hurt especially in front of a 12 member jury that wonders why you killed an unarmed person.

That sounds like a typical "armchair quarterback response" from a person who did not experience the situation first hand.

What person is not going to think it reasonable to presume that someone who barges into my home uninvited is not there to do me harm ? At the very least, that person may pilfer/vandalize my possessions, OTOH, he/she may intend to commit more serious offenses once in the home. Keeping this in mind, I would presume all suspects to be armed until proven otherwise. Therefore, if the suspect does not surrender or flee when confronted, there is a good chance the suspect has a weapon and intends to use it.

[Guest GLOCKGUY]

http://www.tennesseefirearms.com/misc/book.asp

I would recommend that book. But this has me thinking more about putting together a FAQ for TN Gun Laws. Stay tuned!

i think this would be a good idea

Edited June 30, 2008 by GLOCKGUY

[Fallguy]

I don't believe that's entirely accurate.. if you are in the car, yes you may use or threaten force, but if you wake up to find someone breaking into your car outside your house, I don't believe the law allows you to threaten force in that situation until you are threatened.

As far as "other property," if you have your jack and tools at the track, and witness someone stealing them, you can't threaten deadly force. The castle doctrine applies to being in your house or in your car.

There are citizens arrest laws that allow you to use "necessary force" to detain someone who has committed a felony, but I don't know what those are specifically.

Can someone elaborate on both issues?

I agree on being in the car to use....

The key word is "within'

© Any person using force intended or likely to cause death or serious bodily injury within a residence, dwelling or vehicle.....

As far as threating deadly force, that has been discussed before. IMO I feel you can threaten deadly force to protect property although you can't use it. I would only do this on my property, not in public or other's property. Other's whose opinions I respect have disagreed.

39-11-614 Protection of property.

(a) A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

( A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against the other, when and to the degree it is reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession:

(1)

The person reasonably believes the other had no claim of right when the other dispossessed the person; and

(2)

The other accomplished the dispossession by threatening or using force against the person.

© A person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property.

Sub-part © says you can not use deadly force, but does not say you can not threaten it. Sub-parts (a) & ( both say you can threaten the degree of force necessary.

[Guest bkelm18]

I am not a lawyer by any stretch but that word REASONABLE can be very loosely interpreted. When your rear is in the defendants seat. If you shoot an unarmed intruder you could be in for a world of hurt especially in front of a 12 member jury that wonders why you killed an unarmed person.

Are you serious? First off, the law allows you to assume you are in fear of your life and deadly force is authorized. Secondly, how did you know he/she was not armed? Did you invite them to your table and have a sit down with some hot tea and discuss why they are intruding into your home? Please.

[Guest nraforlife]

Are you serious? First off, the law allows you to assume you are in fear of your life and deadly force is authorized. Secondly, how did you know he/she was not armed? Did you invite them to your table and have a sit down with some hot tea and discuss why they are intruding into your home? Please.

You only need to know when to stop shooting. The old three rds wasn't enough and five was too many rule.

[Guest db99wj]

I was taught to shoot until the threat was eliminated. From my understanding in your own home, now your car, you don't have to retreat, if the bg comes into that space, you are in danger of losing your life and are justified. If someone breaks into my house and I am at home, that tells me that they have made the decision to do me and my family harm. If they didn't want to do harm to me or my family, they would have broken in during the times we are not home.

[Fallguy]

From my understanding in your own home, now your car, you don't have to retreat, if the bg comes into that space, you are in danger of losing your life and are justified.

Actually you don't have to retreat anywhere that you are legally.

The difference when it comes to your home, car, a dwelling and as of tomorrow your business, is that you are presumed to be in fear of death or serious bodily harm if someone forcibly and illegally enters those places.