Camping - Long Rifle

[MiddTennTaco]

  Correct me if I'm wrong but does this mean a person can carry a long rifle if you're camping (more specifically, back-country camping)? I remember looking into this before but I don't remember what was determined. Could someone expound upon this? Thanks.

  CARRYING

It is unlawful for any person to carry “with the intent to go armed” a firearm, knife with a blade length exceeding four inches, or a club. The burden is on the state to show an “intent to go armed.” 

It is a defense to unlawful carrying if the possession or carrying was:

• 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;

• By a person authorized by written directive and permit to carry handguns;

• At the person’s place of residence, place of business or premises;

• Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;

ETC

 

 

 

[Guest Bonedaddy]

I'd like to know what "other lawful activity" is.

[monkeylizard]

I've always wondered about "fishing" and "camping" being in that law. I've never been fishing where I needed a firearm to finish off the fish and I've never set my tent stakes using a .357. Maybe I need to catch bigger fish and experiment more with my tent pitching :) .

[tennessee01tacoma]

I'd like to know what "other lawful activity" is.

Gun show? Gun shop?

[RED333]

I've always wondered about "fishing" and "camping" being in that law. I've never been fishing where I needed a firearm to finish off the fish and I've never set my tent stakes using a .357. Maybe I need to catch bigger fish and experiment more with my tent pitching :) .

Ya never caught a BIG snapping turtle on a limb line?

[Guest Bonedaddy]

Gun show? Gun shop?

What 'bout walkin' down a rural road or changin' a flat tire in the median or havin' breakfast at the local mom and pop restaurant that ain't posted? 'Course they'd say it was "intent" but in reality, anytime you carry a weapon there is an intent to go armed. That's what they're for but I would still be lawful in my activities, so where's the line I can't cross?

[Oh Shoot]

Has been asked many times. Never seen a credible legal opinion regarding the "other lawful activity".

 

I personally would assume, though, that it is interpreted as activity specified as lawful in other statutes, as a catch-all category. That opinion is worth what you paid for it.

 

 

 

- OS

[Guest Bonedaddy]

It's amazin' the loopholes and grey areas all these laws have. If these things were just thought out a tad more by someone other than politicians, we wouldn't need half the lawyers and judges we have today. Much of the LE hassles would probably go down, too.

[MiddTennTaco]

But.. what about the things actually listed? I'm not really concerned about the "other lawful activity." Lawful hunting, trapping, fishing, camping, sport shooting. If it's one of the listed does that necessarily mean it's GTG and a legitimate affirmative defense? It doesn't sound right to me.

[Guest Bonedaddy]

That's the way it seems but I still worry 'bout LE's interpretation of "intent".

[monkeylizard]

But.. what about the things actually listed? I'm not really concerned about the "other lawful activity." Lawful hunting, trapping, fishing, camping, sport shooting. If it's one of the listed does that necessarily mean it's GTG and a legitimate affirmative defense? It doesn't sound right to me.

 

It says "incident to" those things. That means the carrying of the firearm is somehow related to that activity. That means you're GTG for those activities if the carrying is somehow related. There's a pretty obvious connection to sport shooting and to hunting*. Also seems logical for trapping as a trapper could need to put down a trapped animal. It's the fishing and camping that I don't get. I guess RED333 has a point about catching something like a snapping turtle and needing to kill it quick.

 

I suppose that "a bear might come around" could be incident to camping or fishing (or hiking for that matter), but if that logic holds up, then so should "A thug might come around" when other lawful activity is being done, like walking down the street. We know that's not the case, so that brings me back around to "why is camping and fishing listed there"?

 

 

*An exception to hunting might be bow hunting during bow-only season. I don't know if a firearm would be considered "incident to" that lawful activity.

Edited December 9, 2013 by monkeylizard

[Oh Shoot]

.....

*An exception to hunting might be bow hunting during bow-only season. I don't know if a firearm would be considered "incident to" that lawful activity.

 

Well, statutes changed some years back: with an HCP you can always carry a handgun during any hunting season.

 

- OS

[tennessee01tacoma]

That's the way it seems but I still worry 'bout LE's interpretation of "intent".

Yes, especially with the influx of officers that believe they should be the only ones armed.

[monkeylizard]

Well, statutes changed some years back: with an HCP you can always carry a handgun during any hunting season.

 

- OS

 

Yeah, I know. I was just trying to find a way where the law in the OP might not apply even to specific listed activities. It doesn't say we can carry if we're doing any of those listed activities. It says the carrying must be "incident to" those activities. I was thinking that carrying during bow-only season might not be considered "incident to". Is it legal to put down a wounded animal (wounded by arrow) with a handgun during bow-only season? If so, then yeah, it could be "incident to". If not, I don't see how it is. I'm still not getting why "camping" is listed there.

 

The HCP provides its own defense, so we don't need the ones specified in the OP.

[Peace]

Arrow-wounded game put-down sounds like a question for the TWRA...   I'm now curious to to know what they say.  

 

It would not be first on my mind in bow season.

[felinesNfreedom]

You can not carry a handgun while Bow hunting, even if you have a permit. I would also think you could not shoot the animal if wounded with a bow. I think it would lead to questions of whether or not you shot the animal with bow or gun first.

[peejman]

You can not carry a handgun while Bow hunting, even if you have a permit. I would also think you could not shoot the animal if wounded with a bow. I think it would lead to questions of whether or not you shot the animal with bow or gun first.

 

A former coworker started carrying a handgun while bow hunting after an unpleasant run-in with a pack of coyotes.  He's got a permit and said the game wardens have never questioned it.

 

 

As for camping...   Say it's a 10 mile hike to get to your hunting/fishing spot.   You backpack in and camp for a few days while hunting/fishing.  That sounds like a time when carrying a long gun is incident to camping. 

Edited December 9, 2013 by peejman

[Guest Bonedaddy]

You can carry a pistol while bow hunting "if" you have an HCP. You just can't use it to dispatch a wounded animal or even scare one off but it can be used for self defense.

[Peace]

You can carry a pistol while bow hunting "if" you have an HCP. You just can't use it to dispatch a wounded animal or even scare one off but it can be used for self defense.

 

That was what I remembered.... though it was foggy enough that I didn't want to be the one to put out false info.