Clarification on TN Castle Doctrine and Vehicle carry.

[Guest TankerHC]

We were considering 5 different states to move to, depending on wife's career choice and I let my CCW run out. (MS), figured wherever we move I would reapply and I am, here tomorrow. In the meantime, can someone in the know please clarify the Castle Doctrine legal Car carry requirements. I read part of a law in TN from 2011 that stated that your vehicle is an extension of your home, same as in MS. But unlike MS, I have read over the last few days:

 

*Your vehicle is an extension of your home but you cannot carry a firearm in your vehicle with a loaded magazine or a round in the cylinder.

 

*If you have a firearm in your vehicle, without a permit, ammunition must be stored and locked in a separate compartment.

 

*Only having a CCW allows for having a loaded weapon in your vehicle regardless that Castle Doctrine allows that your vehicle is an extension of your home.

 

Any of these as far as I am concerned makes the Castle Doctrine vehicle provision worthless as teats on a bull.

 

 

On top of that when I first joined this Forum I was also looking for the laws concerning Castle Doctrine and CCW in TN. Might be slightly off the mark here but I recall someone posting something to the effect of "You have to watch even having a baseball bat in the car if you get in an altercation since it is up to the LEO whether to charge you with possession of a deadly weapon, even if you don't use it".

 

So, LEGALLY, what does the TN Castle Doctrine Vehicle provision allow or disallow?

 

If you have links to references that would be appreciated, since everything I am reading seems to be coming from non government websites and opinions, but are all generally in agreement.

 

 

[peejman]

We were considering 5 different states to move to, depending on wife's career choice and I let my CCW run out. (MS), figured wherever we move I would reapply and I am, here tomorrow. In the meantime, can someone in the know please clarify the Castle Doctrine legal Car carry requirements. I read part of a law in TN from 2011 that stated that your vehicle is an extension of your home, same as in MS. But unlike MS, I have read over the last few days:

 

*Your vehicle is an extension of your home but you cannot carry a firearm in your vehicle with a loaded magazine or a round in the cylinder.

 

True, if you don't have an HCP.

 

*If you have a firearm in your vehicle, without a permit, ammunition must be stored and locked in a separate compartment.

 

True, if you don't have an HCP.

 

*Only having a HCP allows for having a loaded handgun in your vehicle regardless that Castle Doctrine allows that your vehicle is an extension of your home.

 

True.  But only for handguns.  Even an HCP holder cannot have a long gun in the vehicle with a round in the chamber (loaded mag installed is ok).

 

Any of these as far as I am concerned makes the Castle Doctrine vehicle provision worthless as teats on a bull.

 

True.

 

 

On top of that when I first joined this Forum I was also looking for the laws concerning Castle Doctrine and CCW in TN. Might be slightly off the mark here but I recall someone posting something to the effect of "You have to watch even having a baseball bat in the car if you get in an altercation since it is up to the LEO whether to charge you with possession of a deadly weapon, even if you don't use it".

 

Never heard that.

 

So, LEGALLY, what does the TN Castle Doctrine Vehicle provision allow or disallow?

 

I've never heard of a specific vehicle provision.  The laws aren't organized that way (or at all).  You have to remember that this is TN.  Laws are neither clear nor concise. 

 

If you have links to references that would be appreciated, since everything I am reading seems to be coming from non government websites and opinions, but are all generally in agreement.

 

To my knowledge, answers above. 

Edited July 10, 2013 by peejman

[DaveTN]

It allows you to go to trial with a presumption you were justified. A presumption that a prosecutor is free to try to shoot holes in whether it happened in your house or in your car. Castle Doctrine is not a free pass.

[Guest Bonedaddy]

Didn't research your question but I usually go here to look. I even printed most of what I thought I may need and keep it in a folder in my truck...just in case, ya know?

http://www.lexisnexis.com/hottopics/tncode/

[monkeylizard]

Weapons laws are in 39-17-13xx in the TN Code linked above.

Self defense laws are in 39-11-6xx. What is sometimes called "castle doctrine" is covered (with other things) in 39-11-611. It's important to note where the law says "force" and where it says "deadly force" (or "force intended or likely to cause death or serious bodily injury"). They're very different. 

 

There could be some others that I'm not recalling at the moment. I'm not a lawyer and didn't stay at a Holiday Inn Express last night.

Edited July 10, 2013 by monkeylizard

[Oh Shoot]

. Might be slightly off the mark here but I recall someone posting something to the effect of "You have to watch even having a baseball bat in the car if you get in an altercation since it is up to the LEO whether to charge you with possession of a deadly weapon, even if you don't use it".

 

Other areas of your questions seem to have been covered, but yes, a ball bat (or tire iron or anything else that could be considered a "club") could be problematic depending on situation.

 

The charge would be "unlawful carry or possession of a weapon" (TCA 39-17-1307). Same with any knife over 4" blade length, machete, whatever.

 

Tangential to that, note that TCA 39-17-1322 allows you to use a handgun in justifiable self defense or justifiable self defense of another without being charged for any of the offenses in the weapons section. So even if you didn't have a permit, or were drunk,  you can't be charged or convicted according to the wording.  Note it only mentions "handgun" though, not long gun, knife, or club.

 

Important to emphasize what DaveTN said, though. The "Castle Law" presumption is only that, an initial presumption that your action was justifiable, in that you indeed had a reasonable fear of death or severe bodily injury, but that can always be overriden by the actual provable facts of the encounter -- it is not a license to execute a perp. If the situation changes so that it could be shown you should not have had a reasonable fear of such, that presumption is is no longer valid.

 

- OS

Edited July 10, 2013 by Oh Shoot

[Just2Honor]

It seems to me that an instructor once told me a  good point to remember:    under TN law carrying a handgun is against the law.  A HCP is a defense against violating that law.    Right?

Edited July 11, 2013 by RoadKill

[Oh Shoot]

It seems to me that an instructor once told me a  good point to remember:    under TN law carrying a handgun is against the law.  A HCP is a defense against violating that law.    Right?

 

Yes. But that has nothing to do with "Castle Law" in the home. Or even ultimately with defending yourself in vehicle either.

 

- OS