Law on carrying home/car/business?

[Guest BarqueCat]

I know I read this somewhere and can't find it now. A couple of months ago I read that car carry is now the same as the home and the business - no permit required. Something about premises house/vehicle/business.

I know the law used to be that a gun in the car had to be unloaded and separate from the ammuniton - can anyone clarify if this law has been amended (or a bill to amend it) in TN?

[skipsfirearms]

If you do not have a TN Handgun Carry Permit you cannot have the ammunition "Easily Accessible" to you in a vehicle. Which basically means it is a good idea to seperate the ammo from the gun by putting one or the other in the trunk. You can, without a permit carry a handgun within your "Business" if you are the owner. You cannot allow your employees to carry, only the owner. I know this one for sure because I checked with the ATF and the TBI about allowing employees to carry handguns in my shop even though they did not have a permit; I was told only the owner can carry in his/her business. Unless of course your employees have the TN Carry Permit. You can carry your handgun in your home with or without a permit.

In TN you can have your firearm anywhere you have a legal right to be. Of course only if you have a TN Carry Permit. And then there are more places that won't let you than will let you. If you have your carry permit in TN you can have your handgun cocked and locked while in your vehicle. HB2632 says that we do not commit the crime of "Intent To Go Armed" as long as we have the TN Permit. The fact that the Castle Doctrine states we can carry anywhere we have a "Legal Right" to be, you can carry inside your car or inside your buddies car. You can also carry inside your buddies house, etc. You can download the .PDF file of the TN Castle doctrine below. You should definately read it.

Here is a paste from TN State Legislature website:

HB2632 by DeBerry JFirearms and Ammunition - Clarifies that a person does not commit offense of carrying firearm with intent to go armed if person has legal authorization, such as a handgun carry permit, to do so. - Amends TCA Title 39, Chapter 17, Part 13 and Title 40, Chapter 35.

Bill HB3509, See Link Below, which passed amended the TN Castle doctrine to include "Businesses". I read this to mean even your employer cannot fire you for having a firearm in your vehicle on their property. Which as we know there are many employers who have policies that do not allow you to have firearms in your vehicle for any reason. Don't quote me on that since I am not a lawyer.

I have an acquaintance who is a lawyer in Cookeville and he is also a TN State Representative. He says that the right to carry in a BAR is coming. He said it will pass very soon. Take that with a grain of salt. See this .PDF file below to read the new amended TN Castle Doctrine.

http://www.legislature.state.tn.us/bills/currentga/BILL/HB3509.pdf)

Edited June 29, 2008 by Fallguy
Fix link to HB3509

[Fallguy]

I know I read this somewhere and can't find it now. A couple of months ago I read that car carry is now the same as the home and the business - no permit required. Something about premises house/vehicle/business.

I know the law used to be that a gun in the car had to be unloaded and separate from the ammuniton - can anyone clarify if this law has been amended (or a bill to amend it) in TN?

You have to have a HCP to carry a loaded firearm in your car. You may be thinking of the self-defense law that says you are presumed to be in fear of your life or great bodily harm if someone tries to break in to your car (while you are in it) just like your house. The law will change to also include your business (effective July 1) as places you are presumed to be in fear of death or great bodily harm. (See HB3509 that passed above) However HB2632 did not pass and the legislature is adjourned until January.

As far as carry by others employed at a business I believe that is true that they can't without a permit other than it would seem employees are allowed to carry without a permit in places that serve alcohol for onsite consumption if it is their job to protect people or property.

39-17-1305©(2) says you can carry "On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property." (Note this applies to places that serve alcohol for onsite consumption only)

Edited June 29, 2008 by Fallguy

[saintsfanbrian]

If you do not have a TN Handgun Carry Permit you cannot have the ammunition "Easily Accessible" to you in a vehicle. Which basically means it is a good idea to seperate the ammo from the gun by putting one or the other in the trunk. You can, without a permit carry a handgun within your "Business" if you are the owner. You cannot allow your employees to carry, only the owner. I know this one for sure because I checked with the ATF and the TBI about allowing employees to carry handguns in my shop even though they did not have a permit; I was told only the owner can carry in his/her business. Unless of course your employees have the TN Carry Permit. You can carry your handgun in your home with or without a permit.

In TN you can have your firearm anywhere you have a legal right to be. Of course only if you have a TN Carry Permit. And then there are more places that won't let you than will let you. If you have your carry permit in TN you can have your handgun cocked and locked while in your vehicle. HB2632 says that we do not commit the crime of "Intent To Go Armed" as long as we have the TN Permit. The fact that the Castle Doctrine states we can carry anywhere we have a "Legal Right" to be, you can carry inside your car or inside your buddies car. You can also carry inside your buddies house, etc. You can download the .PDF file of the TN Castle doctrine below. You should definately read it.

Here is a paste from TN State Legislature website:

HB2632 by DeBerry JFirearms and Ammunition - Clarifies that a person does not commit offense of carrying firearm with intent to go armed if person has legal authorization, such as a handgun carry permit, to do so. - Amends TCA Title 39, Chapter 17, Part 13 and Title 40, Chapter 35.

Bill HB3509, See Link Below, which passed amended the TN Castle doctrine to include "Businesses". I read this to mean even your employer cannot fire you for having a firearm in your vehicle on their property. Which as we know there are many employers who have policies that do not allow you to have firearms in your vehicle for any reason. Don't quote me on that since I am not a lawyer.

I have an acquaintance who is a lawyer in Cookeville and he is also a TN State Representative. He says that the right to carry in a BAR is coming. He said it will pass very soon. Take that with a grain of salt. See this .PDF file below to read the new amended TN Castle Doctrine.

http://www.legislature.state.tn.us/bills/currentga/BILL/HB3509.pdf)

Can you show the legal representation of this? I have always read it as the owner or their agent responsible for the security of the business. NOT the patrons, simply the property and possessions of the owner.

[Fallguy]

Can you show the legal representation of this? I have always read it as the owner or their agent responsible for the security of the business. NOT the patrons, simply the property and possessions of the owner.

The only place it seems to mention agents responsiable for the security of the business is places that serve alcohol for onsite consumption. 39-17-1305.

In general it is illegal to carry a loaded firearm in TN period. 39-17-1307

There are defenses to 39-17-1307 in 39-17-1308 One of which is a HCP 39-17-1308(a)(2). Another is if you are at a list of places in 39-17-1308(a)(3)(A)-© which are a persons- place of residence; place of busniness and premises. It does not seem to say a persons place of employment.

[skipsfirearms]

As I said above my interepretation about employer/employee was just how I read it. It does not say that in any of the text. I am hoping that they will interpret it to be that way as I am 100% for carrying a handgun in your car on any property no matter who owns it. Just like the fact that you can have a gun in your car on school property, but you can't touch it. To me it goes back to the fact that your car is personal property and it protected as such.

I don't believe having a gun in your car will ever add to the crime rate nor cause more shooting deaths at you place of business.

I apologize if it sounded as though I was saying that this new amendment will allow you to carry on your employers property, I was just rambling and hoping at the same time.

[Fallguy]

I don't believe having a gun in your car will ever add to the crime rate....

I agree.... However as of now it is still illegal in TN to have a loaded gun in your vehicle without a HCP.

[skipsfirearms]

I agree.... However as of now it is still illegal in TN to have a loaded gun in your vehicle without a HCP.

Fall Guy,

I guess we agree then?!?!?!?

From my original post:

If you do not have a TN Handgun Carry Permit you cannot have the ammunition "Easily Accessible" to you in a vehicle. Which basically means it is a good idea to seperate the ammo from the gun by putting one or the other in the trunk.