Should we legalize long gun carry?

[RWF]

 I wish there would be a day where one could walk into a store with a rifle or pistol exposed and not a person would a bat an eye but alas, that time has yet to reveal itself.

there was and it gone. when I was a kid 12, 13 & 14. my parents would take me to the gray hound bus station with my 22 mag level action. in a soft case in the seat with me and I rode the bus about 125 miles where my grandfather would pick me up to go to deer camp and of course back home again. no one ever looked twice and never saw any L.E. there was a DQ at the stop and I could just walk in.

also everyone had guns in window rack, when I got old enough so did I, but never left them over night. I never had one stolen or knew of anyone that did. but that was years ago. when a long gun was a bolt, lever etc. I would not do that today, because I am sure it would come up missing.

this was a time before the evil black rifle and AK.

[Guest confidence]

there was and it gone. when I was a kid 12, 13 & 14. my parents would take me to the gray hound bus station with my 22 mag level action. in a soft case in the seat with me and I rode the bus about 125 miles where my grandfather would pick me up to go to deer camp and of course back home again. no one ever looked twice and never saw any L.E. there was a DQ at the stop and I could just walk in.

also everyone had guns in window rack, when I got old enough so did I, but never left them over night. I never had one stolen or knew of anyone that did. but that was years ago. when a long gun was a bolt, lever etc. I would not do that today, because I am sure it would come up missing.

this was a time before the evil black rifle and AK.

 

LOL. I remember those days. It was like a fashion statement to show off your gun in the gun rack of your pickup. Who needs fancy rims when you can show off a long gun!

Edited October 25, 2013 by confidence

[morrisster]

So someone answer me this. Bearing in mind I have a valid HCP. Keeping my su-16 under the back seat in my car. Legal or illegal? Keeping my su-16 under the back seat of car with loaded mags in the car next to the gun. Legal or illegal? Keeping my su-16 under the back seat of the car with a loaded mag in the gun but no round chambered. Legal or illegal?
Thanks

[Oh Shoot]

So someone answer me this. Bearing in mind I have a valid HCP. Keeping my su-16 under the back seat in my car. Legal or illegal? Keeping my su-16 under the back seat of car with loaded mags in the car next to the gun. Legal or illegal? Keeping my su-16 under the back seat of the car with a loaded mag in the gun but no round chambered. Legal or illegal?
Thanks

 

Statute is quite clear -- keep it anywhere in vehicle you want with loaded mag inserted or not, as long as round is not chambered.

 

- OS

Edited October 25, 2013 by Oh Shoot

[Guest confidence]

So someone answer me this. Bearing in mind I have a valid HCP. Keeping my su-16 under the back seat in my car. Legal or illegal? Keeping my su-16 under the back seat of car with loaded mags in the car next to the gun. Legal or illegal? Keeping my su-16 under the back seat of the car with a loaded mag in the gun but no round chambered. Legal or illegal?
Thanks

 

In all 3 cases it would be legal with an HCP. But don't take my word for it. Read through this entire thread and you will see where others and myself have cited the actual Tennessee Code Annotated.

 

Disclaimer: I am not a lawyer and this is not legal advice.

[JAB]

 Let's face it, there really isn't a good place to open carry an AR-15.

 

I can think of plenty of places where open carrying a long gun (and, again, not all long guns are AR15s - I don't even own an AR15 and really don't have much of a desire for one) would be perfectly reasonable.  Starbucks is not one of those places but that does not mean such places do not exist.  Clod Stomper gave a good example.  Personally, I like carrying a single shot 410 or 20 gauge around on my property because the last, two summers we and others who live on our road have seen an abundance of copperheads.  I also carry it when walking to my mom's house or my sister's house.  In fact, having the 20 gauge with me at my mom's house allowed me to be equipped to shoot a 'coon that was killing my chickens out of a tree (it had the carcass of my last, remaining chicken in the tree with it - I plan to get more next spring) as I walked from her place back to mine (past my chicken coop.)  Luckily, for me, our properties are all adjacent so I can walk from my place to either of theirs without leaving private property.  Simply stepping onto the public road while doing so should not make me a lawbreaker, however.

 

In fact, I would say that I think open carry of a long gun would be appropriate in many of the situations in which I think open carry of a handgun would be appropriate.  People should be able to carry their shotgun, pistol caliber carbine or even AR while hiking secluded trails, camping, fishing in remote areas and so on without such carry having to be incident to lawful hunting, the weapon being legal for whatever hunting season is open or even requiring a hunting license if the person is not actually hunting (yeah, I know that portions of the TWRA would probably whine that this would make it too hard to determine who actually was hunting illegally but curbing the rights of the law abiding to make their job of catching criminals easier does not fly, with me.).  So, perhaps common sense should dictate that carrying a loaded long gun in an urban, public setting - and especially doing so just to be an 'activist' - is, well, stupid.  That doesn't mean that there aren't any situations in which open carry of a long gun would be reasonable nor does it mean that doing so should be illegal.

Edited October 25, 2013 by JAB

[GoneBallistic]

_{I won't quote the 2nd Amendment because we all know what it says, at least I hope we all do. This law sounds like infringement to me.}

[JAB]

Heck, even in California the open carry of long guns was apparently legal until last year.  Guess what apparently got the law changed?  Yep - 'activist' bozos carrying their long guns into places like Starbucks.  So, yet again, the 'heyeverybodylookatme' morons ruined things for everyone else.

 

http://latimesblogs.latimes.com/california-politics/2012/09/gov-brown-on-banning-open-carrying-of-long-guns-in-california-.html

Edited October 25, 2013 by JAB

[DHF]

I absolutely Support it.

 

We should all support this if for no other reasons than supporting our 2^nd amendment rights and to help keep from being busted on some technicality while handling a long gun.  It would probably also make the transportation in a vehicle less likely to become an issue.

 

I think the arguments Against that are stating that people will be walking around with rifles in public and that makes them feel “uncomfortable” are just silly but they have already been countered here.

 

I also very much disagree that the rifle is an Offensive weapon and the Hand gun is a Defensive weapon. 

Per Jeff Cooper:  The handgun is a convenient-to-carry stopgap weapon, allowing someone the opportunity to get to a rifle.

I will defend myself with a rifle, a shotgun and in many cases a machete before choosing a handgun.  But it is sure nice to have one on you while utilizing the others or to help you get to them.

[RWF]

I guess I need to add that up till last year I would "open carry" a long gun several times a year, either by walking down the road to show off a new toy or per the land owner's request park up on top the hill and hunt back 50 that you had to walk too. so I would be walking down a public road ready to hunt and mostly with my AR. it was about 3/8 of a mile.

 

I fully support the 2nd, but I did vote NO. because, just like the guy last year or so, the guy who went for a walk in a public park with a AK pistol on his back for the attention. (is what I think).

every few months it seems there someone's pistol accidently going off in there pocket at Wal-Mart, if that was to happen with a center fire rifle WOW bullet splatter hurts and will draw blood. then there will people claiming they got shot just trying to shop, and all it would be is splatter. the press would have a field day. and I do not think we anymore bad press.

 

just me

[gregintenn]

Tennessee isn't all city, and some of us spend time at places other than Starbucks or Walmart.

[DaveS]

You guys confuse the hell out of me. You tore apart the guys who openly carried rifles into Starbucks yet 85% of you think we should legalize this process?

 

I'm wondering what percentage of our members are bipolar

Well put! We all cry when a cop walks up to an armed person and asks for "papers", yet now we want it even more. I'm missing something some where. The worst mistake TN ever made was allowing "open carry". Just my opinion is all.

 

I voted NO.

 

DaveS

[DaveS]

I don't believe it's a good idea just because of recent events, do I think it should be illegal? No, if I want to walk into WalMart with it slung across my back it's no one elses damned business what I'm doing. Open carrying a pistol in general is a follied idea in my opinion just because it paints you as a target, though illegal. I wish there would be a day where one could walk into a store with a rifle or pistol exposed and not a person would a bat an eye but alas, that time has yet to reveal itself. Those whom went to Starbucks were apart of a country wide protest so I support that whole heartedly, as they weren't seeking to cause a panic as people like Voldemort do just randomly. I like the idea Voldemort is trying to push forward as far as open carry is concerned but he goes about it in the WAY wrong, and usually asinine, direction.

I fear that anyone walking through Walmart with an AK or AR is going to invoke panic whether it's legal or not! This country is not the same as it was 10 to 20 years ago. OC'ing rifles will never happen, as we gun owners have made sure of that!

 

You think "Gun Buster" signs are going up at an alarming rate now? If they legalize Rifle carry, they'll go up so fast it'll make your head spin! Like the old saying goes; "be careful what you wish for".

 

DaveS

Edited October 26, 2013 by DaveS

[DaveS]

I would love to see a reversal of the norms so that carrying a weapon is normal and not a threat nor a concern to the average citizen.  But I do not think that can be done overnight.   I would love to see long gun carry not draw the police to you nor be an issue, but it IS.  

 

So its not being hypocritical to say we would like to see *arms* made legal yet do not recommend "Voldemort" tactics to get us there.   We are the good guys.  We are not stupid.  We should be able to find a POSITIVE way to do this rather than strapping on hardware and scaring the crap out of everyone.   No matter what, a few liberals and idiots are going to be scared by any weapon, and those can be ignored -- what I am talking about is doing something that has every other person who sees you calling the cops which leads to 4 officers having a talk with you every 15 min (ok, that is gonna happen some, so far so good) and then responding like a jerk about it -- giving the cops a hard time (hey, they were CALLED in because of YOUR hardware, and are just doing their job (PROTECT and serve) and doing the in-your-face negative publicity.   Of all that, only the last bit is the problem: do it, respond calmly to the cops, let them look at the weapon, let them see your ID, and put on your church manners for em.  Be polite.  Let them know you are not hurting anyone.  Grin and bear it.   If the gun owning community could just trade a little pride in, we could return the country (or parts of it, anyway) to a state where having a weapon is not an immediate reason to dial 911, but instead a commonplace thing that is of no concern.   It will take years, but people adapt well if given a little encouragement, I would bet inside 5 years the fear over weapons would be mostly cured.

Very well said Sir!

 

DaveS

[GoneBallistic]

Goes back to the old saying " Just because you can doesn't mean you should. " That being said, I think it should be legal according to the Constitution.

[DHF]

It comes back to the saying, "Just because you can, doesn't mean you should".  That being said, just because you don't doesn't mean it should be illegal or you shouldn't support it for the greater reason.

 

I very, very, very rarely open carry and probably for all the reasons everyone else here would mention but worrying about making the uneducated uncomfortable is not very high on the list for my not doing it.

 

Open Carry does allow me to move about and to transfer my handgun between locations without the fear of being legally penalized, though.  It keeps me from legal repercussions when someone's panties get wadded up because my handgun was "printing", my jacket flaps open or my shirt rides up.

 

Far from feeling that Open Carry was the worst mistake Tennessee ever made, I am grateful that I live in a State that still has more value than most for personal freedoms and had people in office at the time that possessed the foresight to opt for Open Carry instead of Concealed Carry so that I would not have to deal with the above mentioned issues.

 

As with all the rights we are granted in this country and the rights that are recognized by our Constitution, with gun ownership and especially the right to carry, comes great responsibility.  It is my belief, one of those responsibilities is taking a very deep look at all issues and being able to understand that there is often a "bigger picture" implication to issues than our own personal initial reaction.

[DHF]

Goes back to the old saying " Just because you can doesn't mean you should. " That being said, I think it should be legal according to the Constitution.

Sorry Dying Breed.   I didn't meant to steal your quote.  I hadn't refreshed before posting.

Edited October 26, 2013 by DHF

[GoneBallistic]

Sorry Dying Breed.   I didn't meant to steal your quote.  I hadn't refreshed before posting.

It's all good. I think we see pretty much eye to eye on this anyway. :up:

[JAB]

While I can, on a philosophical level, agree that there should be no restrictions on firearms carry by a non-felon adult who does not intend to use said firearm in a crime, I can also see that such might not be entirely practical.

 

As such, I think the solution that would find the best middle ground between 'liberty' and 'practicality' might be to change state law so that open carry of a long gun is not illegal per state law in Tennessee but allow for city ordinances against doing so.  Of course, that might get confusing so another solution might be to change state law so that open carry of a long gun is legal except inside city limits (so that such carry would be against the law inside the limits of any and all Tennessee cities, thereby avoiding a patchwork of confusing laws.)  Open carry of long guns in an urban setting could be problematic but, as gregintenn so aptly pointed out, Tennessee is not entirely an urban environment.  There are plenty of places in this state where open carry of a long gun would be appropriate.  Just because it might not be the best idea in downtown Knoxville, Nashville, Memphis or Chattanooga doesn't mean it wouldn't be appropriate on walking/hiking trails in state parks or in other rural or remote locations.

Edited October 28, 2013 by JAB

[GoneBallistic]

While I can, on a philosophical level, agree that there should be no restrictions on firearms carry by a non-felon adult who does not intend to use said firearm in a crime, I can also see that such might not be entirely practical.

 

As such, I think the solution that would find the best middle ground between 'liberty' and 'practicality' might be to change state law so that open carry of a long gun is not illegal per state law in Tennessee but allow for city ordinances against doing so.  Of course, that might get confusing so another solution might be to change state law so that open carry of a long gun is legal except inside city limits (so that such carry would be against the law inside the limits of any and all Tennessee cities, thereby avoiding a patchwork of confusing laws.)  Open carry of long guns in an urban setting could be problematic but, as gregintenn so aptly pointed out, Tennessee is not entirely an urban environment.  There are plenty of places in this state where open carry of a long gun would be appropriate.  Just because it might not be the best idea in downtown Knoxville, Nashville, Memphis or Chattanooga doesn't mean it wouldn't be appropriate on walking/hiking trails in state parks or in other rural or remote locations.

I understand what you're saying but in my opinion, it's still infringement.

[Oh Shoot]

I understand what you're saying but in my opinion, it's still infringement.

 

Pretty minor in a state where you already have no right to carry any loaded firearm at all, and even after buying the privilege to carry heat, are still prohibited in thousands of locales across the state.

 

- OS

[Jason in TN]

I voted yes because yes it should be legal. If I am hiking camping or in the mountains I should be able to carry any thing I want. If you are dumb enough to carry your AR into Walmart than maybe you should be shot. But it should not stop people who want to carry there rifle when outin the woods from doing so for fear of being harassed.


Short story have a friend who was on his property with his AR he owns 90 acres that is bordered by national forest. He had a young forest service guy pull up on his property and ask him what he was doing with that rifle. He told him i am on my propery and it is my rifle why do I need a reason to be carrying it. The guy told him if I catch you on the forest service land I will take it from you. He told him you are right on both counts you will have to catch me and you will have to take it. Edited November 4, 2013 by Jason in TN

[Oh Shoot]

I voted yes because yes it should be legal. If I am hiking camping or in the mountains I should be able to carry any thing I want.

 

There is a defense for doing just that in TCA, though I admit YMMV as to degree of adherence among various LEOs you might encounter.

 

- OS

Edited November 4, 2013 by Oh Shoot

[tnhawk]

A certain activist who claims to have a Rate-Of-Speed-Faster-Than-Others comes to mind and seems to embody this very post. ;)

When you slide along the edge of a razor blade, it's good to remember the steep slope on the sides may be painful.

[RichardR]

Open carry of long guns is completely lawful (other than felons/DVconvicts) where I come from, even in downtown Indianapolis it is not uncommon to see groups of 2nd Amendment supporters with slung AR's sporting loaded magazines.

And as far as I'm aware there has never been any shooting incidents, accidental or otherwise involving "lawfully" carried long guns.

Anyway according to the stastics far more of our fellow Americans are murdered every year with completely unrestricted "ie: lawful" baseball bats & hammers ... neither of which are considered inherently dangerous, but are infact quite deadly when the person holding them chooses them to be.

Why firearms are viewed differently has IMHO everything to do with an irrational fear & not logic or reason (or the Constitution).