Camping without CCW?

[Guest macmonkey]

Greetings,

If you are doing an outdoors activity like camping, canoeing, hiking etc.. is it lawful to carry without a CCW?

I've found this segment of the TN law book but am not sure if I am reading it right:

[FONT=Times New Roman][SIZE=3][B]39-17-1308. Defenses to unlawful possession or carrying of a weapon. —[/B][/SIZE][/FONT]



  [FONT=Times New Roman][SIZE=1][/SIZE][/FONT]






  [FONT=Times New Roman][SIZE=3][B](a)  [/B]It is a defense to the application of § [URL="http://www.michie.com/tennessee/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=tncode&d=39-17-1307&sid=4c5e6af1.10ceab2.0.0#JD_39-17-1307"]39-17-1307[/URL] if the possession or carrying was:[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]      [B](1)  [/B]Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]      [B](2)  [/B]By a person authorized to possess or carry a firearm pursuant to § [URL="http://www.michie.com/tennessee/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=tncode&d=39-17-1315&sid=4c5e6af1.10ceab2.0.0#JD_39-17-1315"]39-17-1315[/URL] or § [URL="http://www.michie.com/tennessee/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=tncode&d=39-17-1351&sid=4c5e6af1.10ceab2.0.0#JD_39-17-1351"]39-17-1351[/URL];[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]      [B](3)  [/B]At the person's:[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]            [B](A)  [/B]Place of residence;[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]            [B](  [/B]Place of business; or[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]            [B](C)  [/B]Premises;[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]      [B](4)  [/B]Incident to lawful hunting, trapping, fishing, [COLOR=#FFCC00][B]camping[/B][/COLOR], sport shooting or other lawful activity;[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]      [B](5)  [/B]By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]      [B](6)  [/B]By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties;[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]      [B](7)  [/B]By a state, county or municipal judge or any federal judge or any federal or county magistrate;[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]      [B](8)  [/B]By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]      [B](9)  [/B]By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws; or[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3]      [B](10)  [/B]By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry [COLOR=#FFCC00][B]firearms[/B][/COLOR] in this state and the provisions of this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state.[/SIZE][/FONT]








  [FONT=Times New Roman][SIZE=3][B](  [/B]The defenses described in this section are not available to persons described in § [URL="http://www.michie.com/tennessee/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=tncode&d=39-17-1307&sid=4c5e6af1.10ceab2.0.0#JD_39-17-1307"]39-17-1307[/URL]((1).[/SIZE][/FONT]



  [FONT=Times New Roman][SIZE=1][/SIZE][/FONT]

[FONT=Times New Roman][SIZE=3][Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 7; 1993, ch. 200, § 1; 1996, ch. 1009, §§ 20, 21; 1997, ch. 476, § 3; 1999, ch. 295, § 1; 2003, ch. 144, § 2.][/SIZE][/FONT]
      [/CODE]

[Fallguy]

I really can't say for sure. To me it does read as if you can carry while camping or any of the other activities mentioned in 39-17-1308(a)(4). But I don't know of anyone that has done it, been confronted be LE and then told it was ok.

[Guest bkelm18]

I really think it would also have to do with the property on which you are camping.

[Fallguy]

I really think it would also have to do with the property on which you are camping.

Well of course all the same off-limits places (HCP or not) would still apply, including 39-17-1311 and 39-17-1359.

[DaveTN]

is it lawful to carry without a CCW?

No, those are defenses that you can present at your trial to see if the Judge will buy them.

[Fallguy]

I agree that the way the law is written (39-17-1307) it is illegal to carry a loaded weapon in TN and that 39-17-1308 provides defenses to 39-17-1307, however it doesn't automatically mean you will be arrested.

Have a HCP is a defense 39-17-1308(a)(2)

Being on your own property is a defense 39-17-1308(a)(3)

To my limited knowledge not many people are arrested for carrying in those locations or conditions and have to present defense to the judge that they had a HCP or where on their property.

[Guest nraforlife]

What are you concerned about? Parks are perfectly safe places to camp. They are all Gun Free Zones so the vermin will not be armed either, right?

[Guest 270win]

It would seem legal to hunt, fish, camp, or do other outdoor activity without a handgun carry permit. If a handgun carry permit was required to carry a firearm in the woods, there would be a lot of hunters and fishermen breaking the law