Question about Carrying in the Outdoors (Fishing, Camping, etc.)

[wk05]

I've been reading up on surrounding states laws in regards to carry while out camping, hiking, backpacking, fishing, etc. and was wondering what the consensus was in TN about carrying while, for example fishing w/o a HCP.  From what I understand now (please correct me) - if in a public area where HCP holders aren't prohibited from carrying, you can have a loaded gun within your tent as it is your domicile for however long you are camping, but cannot carry if you were to leave (i.e. to go on a hike further in)?  How would it work for a person without an HCP in this scenario?  Now, onto my next predicament - I have began fishing on public land (found a nice little spot along a lake) that is NOT posted, NOT in a park, just public land along a lake, would I be able to lawfully possess a loaded handgun in this situation?  Reading through TN law I would be able to carry "Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity" however, does this apply to public land, or just private?  Any opinions on what you've encountered in the past would be very helpful!  

[peejman]

You cannot carry a loaded handgun outside the home in TN without a HCP, period.

 

If you have your HCP and carry where legal, while fishing... it's up to you to convince the game warden you're not using it for fishing.  Maybe no big deal, maybe not. 

[Clod Stomper]

That should be easy. Do the fish have bullet holes? :)

[monkeylizard]

You cannot carry a loaded handgun outside the home in TN without a HCP, period.

 

You can also carry in your place of business, but I suppose that's irrelevant to the OP.

 

The OP is correct that a tent counts as a domicile in TN law, so that counts as being in the home.

 

from the OP

 

Reading through TN law I would be able to carry "Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity

I've wondered about this line in the TN Code. "incident to" to me means it's a part of the activity. i.e you can't exactly go sport shooting without carrying a loaded firearm, so it's incident to that activity. However, I see no way that carrying a loaded firearm is incident to camping or fishing. It makes me wonder exactly what the lawmakers were intending to accomplish with that line.

 

 

As for fishing on public land, it may depend greatly on who manages that public land and exactly what that land is used for. The top of Page 5 at the link below has a good summary of TVA's policies. I'm not sure what stance other agencies like the US Forest Service have taken. Either way, you'd at the very least need an HCP, IMO.

 

http://www.handgunlaw.us/states/tennessee.pdf

[JAB]

I can see where hiking and camping and maybe even fishing would come in if someone (with the proper licenses and in legal hunting seasons and in areas where hunting would be legal) were planning to 'subsistence hike/camp' or whatever you would call it.  In other words, packing only a little food with the idea that one will shoot squirrels and rabbits and catch fish for dinner, etc.  Kind of 'back country' stuff, in other words.

 

wk05, I don't know how close you are able to park your vehicle to where you are fishing.  If you are able to pull in right next to your fishing spot then maybe the law that becomes active on July 1 allowing you to carry a firearm in your vehicle without an HCP will help.  It wouldn't be the same as actually having a firearm on you but having one in your vehicle - assuming it is parked pretty much right next to you - might help.

Edited May 20, 2014 by JAB

[Oh Shoot]

You cannot carry a loaded handgun outside the home in TN without a HCP, period.

 

Well, that statement denies the already mentioned defense to unlawful possession or carry of a weapon, listed in 39-17-1308 as being on a par with HCP:

 

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

 

- OS

Edited May 21, 2014 by Oh Shoot

[Fallguy]

 

I've wondered about this line in the TN Code. "incident to" to me means it's a part of the activity. i.e you can't exactly go sport shooting without carrying a loaded firearm, so it's incident to that activity. However, I see no way that carrying a loaded firearm is incident to camping or fishing. It makes me wonder exactly what the lawmakers were intending to accomplish with that line.

 

That is pretty much how I have always taken it.  A loaded firearm is carried incidental to hunting, a knife with a blade over 4" may be incidental to fishing (cleaning) and so on. I've never taken it to mean that you can have any weapon just because you are engaged in one of those activities.

[monkeylizard]

 I've never taken it to mean that you can have any weapon just because you are engaged in one of those activities.

 

I s'pose it depends on how you're fishing.

 

[Oh Shoot]

That is pretty much how I have always taken it.  A loaded firearm is carried incidental to hunting, a knife with a blade over 4" may be incidental to fishing (cleaning) and so on. I've never taken it to mean that you can have any weapon just because you are engaged in one of those activities.

 

Well, we don't of course really know. Could have been original intent was to protect oneself from dangerous animals any time one was in the wild with a firearm,  too.

 

Surprised there's never been even an AG opinion sought for any possible clarification.

 

Where ya been FG? Have had to hold down yer end of the fort too. :)

 

- OS

Edited May 25, 2014 by Oh Shoot

[Fallguy]

Well, we don't of course really know. Could have been original intent was to protect oneself from dangerous animals any time one was in the wild with a firearm,  too.

 

Surprised there's never been even an AG opinion sought for any possible clarification.

 

Where ya been FG? Have had to hold down yer end of the fort too. :)

 

- OS

 

That is true about not really knowing.

 

I'd almost be afraid to seek an AG opinion based on others he has issued concerning firearms.

 

Oh I just come and go lol.  But looks like you've been doing a good job. :)

[JayC]

I'd recommend you go read 39-17-1308 there are a lot of ways to legally carry a loaded firearm outside your home, first off, all property you own not just your home is covered, as well as many other exceptions to 39-17-1307.

 

Please don't spread bad information like this, it hurts to community.

 

You cannot carry a loaded handgun outside the home in TN without a HCP, period.

 

If you have your HCP and carry where legal, while fishing... it's up to you to convince the game warden you're not using it for fishing.  Maybe no big deal, maybe not. 

 

[peejman]

I'd recommend you go read 39-17-1308 there are a lot of ways to legally carry a loaded firearm outside your home, first off, all property you own not just your home is covered, as well as many other exceptions to 39-17-1307.

Please don't spread bad information like this, it hurts to community.

What misinformation? Did the op say he was a cop? Licensed security officer? Hunting/camping/fishing on his own property? The implication of the post is clearly (at least to me) related to carrying a loaded handgun, which is quite different from carrying an unloaded firearm. Edited May 26, 2014 by peejman

[300winmag]

If you hunt or trap, you will need to have a firearm that is legal for the season you are hunting in.  Right now is small game season.  If you are carrying a handgun, you will want a 22 handgun.  You can carry a centerfire handgun during deer season.  Also be sure that you have a hunting license.  I would assume a trapper will carry some sort of firearm when checking his traps.  You would need a hunting license to trap.

 

A lot of public fishing areas are state parks, so you would need a handgun carry permit to be legal carrying in the state park.  But if you are fishing at your cousin's pond, it would appear legal for you to carry some sort of gun while you fish on your cousin's property or camp or shoot coke cans. 

[Oh Shoot]

If you hunt or trap, you will need to have a firearm that is legal for the season you are hunting in.  Right now is small game season.  If you are carrying a handgun, you will want a 22 handgun.  You can carry a centerfire handgun during deer season.  Also be sure that you have a hunting license.  ..

 

Though I don't hunt and don't claim to be up to date on all hunting regs, I must still take exception to that statement.

 

Seems clear that regardless of hunting regulations, it is lawful to carry any handgun with permit at any time on any state managed lands, whether you have a hunting license or not. In other words, carrying a handgun under auspices of permit is totally separate lawful behavior, regardless of any hunting regulations.

 

Under the wildlife section of TCA, note exception in red -- this was added a few years ago, I think during same session that allowed handgun carry in state parks.

 

============

 

70-4-117.  Possession of weapons in areas inhabited by big game -- Penalty.

  (a) It is unlawful for any person to be in possession of any firearm, bow and arrow, shotgun or rifle in, on, or while traversing any refuge, public hunting area or wildlife management area frequented or inhabited by big game, except during specified or lawful open seasons on these areas. Any person violating this section is guilty of hunting big game and shall be punished as provided for in subsections ( b ) and ( c ).

( b ) (1) A violation of this section is a Class B misdemeanor.

   (2) It is mandatory upon the court to impose the prison sentence, upon conviction for a second or subsequent offense, and the prison sentence is not subject to suspension.

( c ) In the prosecution of a second or subsequent offense, the indictment or presentment must allege the prior conviction for violating any of the provisions of this section, setting forth the time and place of each such prior conviction. The court shall prohibit such convicted person, either a first or subsequent offender, from hunting, fishing or trapping in this state for a period of one (1) year.

(d) Notwithstanding subsection (a), a person with a handgun carry permit pursuant to § 39-17-1351 may possess a handgun the entire year while on the premises of any refuge, public hunting area, wildlife management area or, to the extent permitted by federal law, national forest land maintained by the state. Nothing in this subsection (d) shall authorize a person to use any handgun to hunt unless the person is in full compliance with all wildlife laws, rules and regulations.

(e) Nothing in this section shall authorize a person with a hand gun carry permit to possess such weapon in the portion of any refuge, public hunting area or wildlife management area that is within the boundaries of a state park or state natural area unless otherwise authorized in accordance with state law. [which it is]

(f) Nothing in this section shall authorize a person to access any area unless the person is in full compliance with all current wildlife laws, rules, proclamations and regulations.

 

===========

 

- OS

Edited May 26, 2014 by Oh Shoot

[300winmag]

That is correct that you can carry any handgun anytime while hunting and having a handgun carry permit.  If you do not have a handgun carry permit, you have to carry a handgun that is legal for the season you are hunting in, such as a 22 during small game or centerfire handgun during deer season.  If you do not have a handgun carry permit and you are bow hunting, you can't carry a handgun.  If you have a permit, you can carry while bow hunting.

Edited May 26, 2014 by 300winmag

[Oh Shoot]

That is correct that you can carry any handgun anytime while hunting and having a handgun carry permit.  If you do not have a handgun carry permit, you have to carry a handgun that is legal for the season you are hunting in, such as a 22 during small game or centerfire handgun during deer season.  If you do not have a handgun carry permit and you are bow hunting, you can't carry a handgun.  If you have a permit, you can carry while bow hunting.

 

Exactly so and perhaps a mea culpa due on my part -- given the general theme of the thread, I should have probably realized your statement was regarding non-permit carry.

 

best,

 

- OS