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Wife and son on trip


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Posted
Ok, my wife and oldest son (18) are going on a trip next week. She is going for work and will be on a school property, so she will not be able to legally carry her firearm with her (hcp holder). My son will be searching for employment in the area in her car which will have her firearm in it. I am assuming he will be Ok if he gets pulled over with a loaded handgun in the car since he is 18. I just want verification, but I think this will be fine. I completely trust him with a firearm, and I do not want them a couple of hours from home with no protection. But there is no way logistically they can travel with the firearm if she can't carry on school property and he can't have a firearm in the car. Ease my mind please!

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Posted (edited)

Rest easy. It can be in the car on school property, and (assuming he's not otherwise prohibited from having a firearm) he can have it in the car w/o an HCP. If they're going to another state, things will likely be a little different.

 

OK in car to pickup/drop off passengers. Notice that an HCP is not required.


39-17-1310.  Affirmative defense to carrying weapons on school property.

It is an affirmative defense to prosecution under § 39-17-1309(a)-(d) that the person's behavior was in strict compliance with the requirements of one (1) of the following classifications:
<<snip>>
(4 ) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle.

 

OK to leave it in the car on school property with an HCP. Doesn't have to just be pickup/drop off

39-17-1313.  Transporting and storing a firearm or firearm ammunition in permit holder's motor vehicle.
(a ) Notwithstanding any provision of law or any ordinance or resolution adopted by the governing body of a city, county or metropolitan government, including any ordinance or resolution enacted before April 8, 1986, that prohibits or regulates the possession, transportation or storage of a firearm or firearm ammunition by a handgun carry permit holder, the holder of a valid handgun carry permit recognized in Tennessee may, unless expressly prohibited by federal law, transport and store a firearm or firearm ammunition in the permit holder's motor vehicle, as defined in § 55-1-103, while on or utilizing any public or private parking area if:
(1 ) The permit holder's motor vehicle is parked in a location where it is permitted to be; and
(2 ) The firearm or ammunition being transported or stored in the motor vehicle:
  (A ) Is kept from ordinary observation if the permit holder is in the motor vehicle; or
  (B ) Is kept from ordinary observation and locked within the trunk, glove box, or interior of the person's motor vehicle or a container securely affixed to such motor vehicle if the permit holder is not in the motor vehicle.

 

Carrying in car w/o permit is OK

39-17-1307.  Unlawful carrying or possession of a weapon.
(a )  (1 ) A person commits an offense who carries, with the intent to go armed, a firearm or a club.
<<snip>>

(e )  (1 ) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm or firearm ammunition in a motor vehicle if the person:
      (A ) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and
      (B ) Is in lawful possession of the motor vehicle.

 

ETA; TCA snippets.

Edited by monkeylizard
Posted
Yes, staying in state. No problem on the school property. I was mainly concerned with him driving around town off school property with the loaded handgun and any hassles he might face...

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