Carrying a Handgun in TN

[conn_air7]

Another question for the law experts. If you witness an active shooter taking the lives of others and you are witnessing from "not too far" away, what law protects you if you decide that the use of deadly force is justifiable? I assumed that the threat of bodily harm or serious injury would probably be enough, but what if you aren't the one in immediate danger?


Sent from my iPhone using Tapatalk

[Oh Shoot]

Another question for the law experts. If you witness an active shooter taking the lives of others and you are witnessing from "not too far" away, what law protects you if you decide that the use of deadly force is justifiable? I assumed that the threat of bodily harm or serious injury would probably be enough, but what if you aren't the one in immediate danger?

 

39-11-612.  Defense of third person.

  A person is justified in threatening or using force against another to protect a third person, if:

   (1) Under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-611 in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected; and

   (2) The person reasonably believes that the intervention is immediately necessary to protect the third person.

[conn_air7]

Thank you OS, exactly what I was looking for.


Sent from my iPhone using Tapatalk

[Oh Shoot]

Thank you OS, exactly what I was looking for.

 

Just remember that with using force, it's not ultimately your call as to whether it was "reasonable". You have seconds to consider it, while attending LEOs, police chief, DAs, judges, and juries have all the time in the world.

 

- OS

[monkeylizard]

Also read through 39-11-611. It goes hand-in-hand with 39-11-612. Notice the distinction between "force" and "deadly force". There are times when you can use force, but not deadly force.

 

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

 

Does anyone know of an example of when 39-11-611 (e )(3 )(A ) or (B ) was used as a defense to a charge of resisting arrest or assualting an officer or similar charge? I find it interesting that's in there. I don't recall reading that before.

[peejman]

Just remember that with using force, it's not ultimately your call as to whether it was "reasonable". You have seconds to consider it, while attending LEOs, police chief, DAs, judges, and juries have all the time in the world.

- OS

And you're responsible for every bullet, no matter where it goes.

Exemption from criminal prosecution does not exempt you from civil litigation.

[Jack]

Don't go out wearing your moral patch cap,tactical boots,5.11 pants, and face shooter shirt. It makes you look like a complete douch nozzel. Remember you want it to be a surprise to the bad guy that your packing heat. No one ever expects my wanna be hipster ass to be packing 15 rounds of 9mm, and my friends don't even need to know about it.

Sent from my SM-G900V using Tapatalk

[tennesseetiger]

Anybody get a new permit recently? My wife sent her finger prints in electronically yesterday and I was curious how long they are taking to process the background check and everything these days.

[Oh Shoot]

Anybody get a new permit recently? My wife sent her finger prints in electronically yesterday and I was curious how long they are taking to process the background check and everything these days.

 

If there are no hiccups in background check (like any arrest/charge that doesn't have proper paperwork resolution) seems to be 15-30 days currently.

 

- OS

[Jack]

If there are no hiccups in background check (like any arrest/charge that doesn't have proper paperwork resolution) seems to be 15-30 days currently.

- OS

Can confirm took 12 days from when my wife did her fingerprint. Just 3 weeks ago.

Sent from my SM-G900V using Tapatalk

[conn_air7]

Give or take about 2 weeks from the day you submit fingerprints.


Sent from my iPhone using Tapatalk

[tennesseetiger]

Give or take about 2 weeks from the day you submit fingerprints.


Sent from my iPhone using Tapatalk

Awesome thanks.

[Tri-Cities Bob]

The video you should see during your required training class was produced by the Tennessee Department of Safety and Homeland Security, and does a pretty good job of describing the State's rules concerning when and where you cannot carry.  It does not address the Federal regulations.  Under Federal rules, NO WEAPONS OF ANY KIND (with or without permit) can be carried into any Federal "facility".  A Federal facility is defined as any building or office owned by, rented or leased by the Federal Government.  Essentially, if there are Federal workers in the building or office, no weapons are allowed -- period.  The Post Office and Veteran's Affairs folks have extended that restriction to the parking lots or campuses around their buildings (and the VA also includes National Cemeteries), so you cannot legally leave your gun in your car while you transact business inside the building or office.  The Post Office parking lot ban was just upheld in a U. S. Appeals Court decision in June of 2015.  If the terminal of an airport is not posted, you may carry your handgun inside, but not within the security area -- AND DON'T PACK ONE IN YOU CARRY-ON LUGGAGE OR TRY TO CARRY IT CONCEALED ONTO THE AIRCRAFT.  Guns can be transported in commercial aircraft, but only in checked luggage, and then usually in a locked case within your luggage.  Check with you airline to get their specific requirements before going to the airport for your flight.  National Parks will allow handgun carry as provided by the state in which they are located, so if you have a TN HCP (or one from another state which has reciprocity with TN -- which is any state which issues a permit) you can carry in a National Park in Tennessee.  The only exception is any office or station within the park which is normally occupied by a Park Ranger or other Federal employee.  That is treated as a Federal Facility and weapons are banned.  Leave your handgun out-of-sight and locked in your car.

I agree that under Tennessee Code Annotated (TCA) there is no legal requirement to tell a law enforcement officer during a traffic stop that you have an HCP or that you are armed, but back to the video (produced by the Tennessee Highway Patrol) they show a traffic stop in which the driver gives the officer his or her HCP along with their driver's license.  Personally, I think that's a good idea.  The officer will undoubtedly know that you have an HCP when he or she runs you driver's license since both are issued by the DOS and your HCP number is the same as your driver's license number.  He or she will then wonder why you were not forthcoming about your permit and approach the remainder of the traffic stop with extra caution, which is generally not good for you.  If I were an officer making a traffic stop, I would not like any surprises.

[monkeylizard]

A federal building is not automatically off limits just because it's federal. They have to be posted in accordance with 18 USC 930. https://www.law.cornell.edu/uscode/text/18/930

Not posted, not off limits per part (h ) of the law linked above.

 

USPS is covered under a different statute than other federal facilities, so they don't have to be posted. They're still off-limits. I don't know if VA facilities have their own special section of the law like the USPS and whether they have to be posted or not.

 

ETA: While that info about National Parks is correct, those buildings regularly occupied by rangers or other federal employees must be posted to be off-limits. The NPS is not special, like the post office. The NPS is generally pretty good about posting all of their buildings where rangers regularly work, as opposed to say a snack bar staffed by contractors which they generally don't post. While I wish we could carry in all buildings in the National Parks, I appreciate that they're dilligent about posting their buildings appropriately so we don't have to discern if a ranger works there or not.

Edited August 5, 2015 by monkeylizard

[tennesseetiger]

I have a few questions about drinking and carrying a gun in TN.

Example: I go to eat dinner with my wife and have a single drink, gun is in the truck, and I drive the truck home. 


I'm assuming that would be breaking the law correct? Any drinking while in possession of a firearm is illegal in this state right?

[DaveTN]

I have a few questions about drinking and carrying a gun in TN.

Example: I go to eat dinner with my wife and have a single drink, gun is in the truck, and I drive the truck home. 


I'm assuming that would be breaking the law correct? Any drinking while in possession of a firearm is illegal in this state right?

http://www.tngunowners.com/forums/topic/88929-alcohol-handgun-hypothetical-question/

[conn_air7]

I have a few questions about drinking and carrying a gun in TN.

Example: I go to eat dinner with my wife and have a single drink, gun is in the truck, and I drive the truck home. 


I'm assuming that would be breaking the law correct? Any drinking while in possession of a firearm is illegal in this state right?

 

My advice after doing quite a bit of searching on this subject, just don't do it. I think there needs to be a legal BAC established in this case, but there isn't so you are on thin ice if LEO smells alcohol on you and you have a gun anywhere nearby. I think as long as long as the gun is "unloaded" and separated from your ammo, you would be fine. However, as many people have already passed along to me, guns and alcohol do not mix (regardless of the amount) when you are face to face with law enforcement. 

[Grunt67]

A federal building is not automatically off limits just because it's federal. They have to be posted in accordance with 18 USC 930. https://www.law.cornell.edu/uscode/text/18/930

Not posted, not off limits per part (h ) of the law linked above.

 

USPS is covered under a different statute than other federal facilities, so they don't have to be posted. They're still off-limits. I don't know if VA facilities have their own special section of the law like the USPS and whether they have to be posted or not.

 

ETA: While that info about National Parks is correct, those buildings regularly occupied by rangers or other federal employees must be posted to be off-limits. The NPS is not special, like the post office. The NPS is generally pretty good about posting all of their buildings where rangers regularly work, as opposed to say a snack bar staffed by contractors which they generally don't post. While I wish we could carry in all buildings in the National Parks, I appreciate that they're dilligent about posting their buildings appropriately so we don't have to discern if a ranger works there or not.

 

 The VA in the 'Boro has a posted sign just inside the entrance. In addition to the NO Gun Sign, also on the same sign are about a half dozen other no-no's as well. Difficult to read all unless you stop in the middle of the road.

But, it's there. Which means I have to leave my gun at home ( 35 mi. ) away, and travel to & from, unprotected.

I'm sure this worries the good folks at VA to no end. NOT!

[m16ty]

Welcome!

Read and study the thought process of Gecko45:

http://lonelymachines.org/mall-ninjas/

Hahahaha.


Sent from my iPhone using Tapatalk

I just wasted part of my life reading that. It was funny none the less. 

 

That whole ordeal can't be real though. It's just too far out there. I suspect just a troll that likes to go on message boards and stir people up. There's no way somebody could be that dumb. Probably some kid that is laughing at everybody that takes him serious.

[conn_air7]

The fact that someone has enough time to make a "joke" that far is rather surprising me.


Sent from my iPhone using Tapatalk

[zennashton]

After a while you will be so used to carrying it will be like your cell phone never leave home without it.
I myself do not go anywhere a no guns allowed are posted unless I just have no choice like the post office.

[conn_air7]

After a while you will be so used to carrying it will be like your cell phone never leave home without it.
I myself do not go anywhere a no guns allowed are posted unless I just have no choice like the post office.

I have been carrying for a couple months now and it's starting to become very comfortable. All the info on this thread was great and helped a lot.


Sent from my iPhone using Tapatalk

[monkeylizard]

I just wasted part of my life reading that. It was funny none the less. 

 

That whole ordeal can't be real though. It's just too far out there. I suspect just a troll that likes to go on message boards and stir people up. There's no way somebody could be that dumb. Probably some kid that is laughing at everybody that takes him serious.

 

Nobody really knows if the guy was a troll or just a liar trying to boost his online persona. Either way, he appears to be the definitive source of the pejoartive term "mall ninja".

Edited August 10, 2015 by monkeylizard