Can I Carry A Gun In My Car?

[Andrew1985]

I'm sure this has been discussed before, but as a non-permit resident of Tennessee, can I legally carry a loaded gun in my car as long as I am able to have possession of the firearm and the vehicle is registered to me?

[Jonnin]

as I understand it, originally  the guns in cars law is for permit holders (?).    You could have it unloaded and are protected under the "transportation" clauses but loaded is for permit holders.  This is older information.

 

It is NOW the case that anyone who can own a gun can have it loaded in their car.   This is as of last year.   THIS version of it effectively extends all the rights you have inside your own home to your vehicle.

 

I didn't track down the actual law text...  http://www.timesfreepress.com/news/local/story/2014/jul/09/new-gun-rights-law-takes-effect/251789/

 

 

you can try to find the exact legaleaze text somewhere on tn.gov laws section if you are bored.

Edited August 15, 2015 by Jonnin

[Andrew1985]

I know the simple solution would just be for me to: Get My Permit!!! Lol, I took the class and never followed through with the next steps

[Jonnin]

I know the simple solution would just be for me to: Get My Permit!!! Lol, I took the class and never followed through with the next steps

 

I agree, long term this is the answer.

Edited August 15, 2015 by Jonnin

[Trekbike]

I took the class and never followed through with the next steps

Was that longer than six months ago? If not, you still have time.

[Andrew1985]

Unfortunately yes it has been over six months

[tnhawk]

Unfortunately yes it has been over six months

It's simple:

Repeat class, complete application process this time.

[Spots]

To answer your question, yes you can carry a loaded firearm in your vehicle.

Sent from the backwoods

[btmatto]

Okay, I have a quick question pertaining to the legal carry of loaded firearms in a vehicle. I am normally the type of person to not reply, but usually enjoy reading what everyone else has to say (hence me not having a high posting count). So, I have had my permit for 2 years and have carried almost everyday. I understand that the car carry law changed to include non-permitees. As far as I know, anyone can carry a loaded longgun or handgun in their car so long as they meet the prerequisite requirements (e.g. own the car, own the gun), which is repeated above. Now what if I wanted to have a loaded NFA firearm in my car? Lets stick with an SBR or SBS due to them being based on a commonly bought and used "longgun." Are SBRs and SBSs considered "longguns" by the definition of the law? I have no intention of actually carrying a loaded NFA firearm in my car, because I don't own one (yet), and because I don't want to risk it being stolen. If I did carry a loaded NFA firearm, it would be to the range and back, or maybe out to a camping spot on private property. So my question is, can I legally, in the state of Tennessee, carry a loaded SBR or SBS in my personal car/truck? Also, if I can legally, can I also carry a normal, non-NFA, loaded rifle or handgun with a suppressor attached in my vehicle? 

[DaveTN]

Okay, I have a quick question pertaining to the legal carry of loaded firearms in a vehicle. I am normally the type of person to not reply, but usually enjoy reading what everyone else has to say (hence me not having a high posting count). So, I have had my permit for 2 years and have carried almost everyday. I understand that the car carry law changed to include non-permitees. As far as I know, anyone can carry a loaded longgun or handgun in their car so long as they meet the prerequisite requirements (e.g. own the car, own the gun), which is repeated above. Now what if I wanted to have a loaded NFA firearm in my car? Lets stick with an SBR or SBS due to them being based on a commonly bought and used "longgun." Are SBRs and SBSs considered "longguns" by the definition of the law? I have no intention of actually carrying a loaded NFA firearm in my car, because I don't own one (yet), and because I don't want to risk it being stolen. If I did carry a loaded NFA firearm, it would be to the range and back, or maybe out to a camping spot on private property. So my question is, can I legally, in the state of Tennessee, carry a loaded SBR or SBS in my personal car/truck? Also, if I can legally, can I also carry a normal, non-NFA, loaded rifle or handgun with a suppressor attached in my vehicle?

I don’t keep up on NFA, so I leave that to those who do. Since you have an HCP, you can carry a loaded rifle as long as a round isn’t chambered.

Prior to us being able to do that I wanted something with more firepower to carry in my trunk should the need ever arise; almost certainly never. I carried a KelTec PLR-16 in the trunk. It’s a handgun and could be loaded. It offers everything a SBR offers except government intervention and is $500. So why mess with NFA?

Now I can carry whatever long gun I like so it doesn’t matter.

[Oh Shoot]

I don’t keep up on NFA, so I leave that to those who do. Since you have an HCP, you can carry a loaded rifle as long as a round isn’t chambered.

 

That circumstance/condition no longer exists in TCA, just to be perfectly clear.

 

The statute allows a "firearm". A NFA firearm is a "firearm".  Anything illegal about it would be regarding NFA specific provisions of Federal or TN law, but not the fact that you possessed it in your vehicle in this state.

 

TN has no NFA related requirements beyond the Federal standards -- nearly the opposite actually since it has recently passed "innocent by default" regarding their possession and further,  that TN will basically expend no fiscal effort to help in Federal firearms enforcement, which includes state personnel or property.

 

Of course there is nothing in Federal law regarding possession of them in vehicle, except the state line thing.

 

edit: btmatto, you don't have to "own" the vehicle, just be in "legal possession" of it, so includes others' cars and rentals too. Does not include gummit or private vehicle supplied by employer who has written policy against possession.

 

- OS

Edited August 15, 2015 by Oh Shoot

[monkeylizard]

Everything OS said.

 

Anyone not otherwise prohibited from possessing a firearm may have one loaded in any vehicle in which they are a lawful occupant if the owner of the vehicle doesn't prohibit it.

[Garufa]

Anyone not otherwise prohibited from possessing a firearm may have one loaded in any vehicle in which they are a lawful occupant if the owner of the vehicle doesn't prohibit it.

 

Incorrect.  One must be in "lawful possession" of the vehicle.  That does not apply to occupants.

 

For reference:  TCA 39-17-1307, see section E:   (https://www.lexisnexis.com/hottopics/tncode/)

 

I would post the entire thing but have no patience posting legal language due to the silliness of HTML code.

Edited August 15, 2015 by Garufa

[Oh Shoot]

Incorrect.  One must be in "lawful possession" of the vehicle.  That does not apply to occupants.

 

Literally true according to the statute, and it does beg the question a bit as to whether the legal driver actually can be seen as being "in possession" of all the firearms in the vehicle regardless of who they belong to?

 

Theoretical situation: one occupant in vehicle who actually owns a firearm in it is prohibited from owning firearms -- is he culpable, or is it okay because the driver, who is not prohibited, is in control?

 

Sort of an important distinction, really, since the HCP/long gun exception is no longer in the code to cover passengers that way either.

 

Typical that any new TN weapons law change has to have a huge gray area in it, eh?

 

- OS

Edited August 15, 2015 by Oh Shoot

[Andrew1985]

So without getting into the grey areas, if I am in a car that is registered to me, and I have a legally purchased and loaded firearm in the car with me, I am ok?

[Oh Shoot]

So without getting into the grey areas, if I am in a car that is registered to me, and I have a legally purchased and loaded firearm in the car with me, I am ok?

 

Yep. Firearm can remain stored in car in posted lots and school property, too, with a permit only though.

 

- OS

[magneticdata]

That circumstance/condition no longer exists in TCA, just to be perfectly clear.

 

The statute allows a "firearm". A NFA firearm is a "firearm".  Anything illegal about it would be regarding NFA specific provisions of Federal or TN law, but not the fact that you possessed it in your vehicle in this state.

 

TN has no NFA related requirements beyond the Federal standards -- nearly the opposite actually since it has recently passed "innocent by default" regarding their possession and further,  that TN will basically expend no fiscal effort to help in Federal firearms enforcement, which includes state personnel or property.

 

Of course there is nothing in Federal law regarding possession of them in vehicle, except the state line thing.

 

edit: btmatto, you don't have to "own" the vehicle, just be in "legal possession" of it, so includes others' cars and rentals too. Does not include gummit or private vehicle supplied by employer who has written policy against possession.

 

- OS

 

I'm trying to find clarification on this as well.  I'm sure this has been addressed many times on TGO...  I overheard a discussion between a range safety officer and a customer asking about carrying a rifle in his vehicle and it got me wondering if something had changed since I last read the laws.  I checked out the TN PDF from Handgunlaw.us and could no longer find mention of "rifle...so long as chamber is empty".  I then looked at TCA codes.

 

Found this here:

https://www.tn.gov/safety/article/handguntca

 

"Public Chapter 431 – Loaded Rifles and Shotguns in Vehicles – This act allows a person with a handgun carry permit to possess a loaded rifle or loaded shotgun in a privately owned vehicle. The act provides that the weapon cannot have ammunition in the chamber except in the case that an individual permit holder feels physically threatened. - See more at: https://www.tn.gov/safety/article/handguntca#sthash.XHWlonWL.dpuf"

 

Does anyone know why this is omitted from the TCA codes?

 

BTW this is my first post but I have been lurking here for over a year now!

[Oh Shoot]

Way outdated info on the TNDOS site. As I mentioned earlier, that "in chamber" restriction no longer exists in TCA, nor does it require a permit to possess them. It is omitted from TN Code Annotated because the statute was amended during 2014 legislative session,  zapping both those conditions.

 

All TN Code now updated for the year on LexisNexus, and that's where you should get actual statutes (http://www.lexisnexis.com/hottopics/tncode/). Most of the weapons related laws are in section 39-17-13xx.  Here's the pertinent statute from TCA, "Carry in Cars" section in bold:

-----------------

 

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.

   (2)  (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).

      ( B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.

      ( C ) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.

( B)  (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and:

      (A) Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or

      ( B) Has been convicted of a felony drug offense.

   (2) An offense under subdivision ( B)(1)(A) is a Class C felony.

   (3) An offense under subdivision ( B)(1)( B) is a Class D felony.

( c )  (1) A person commits an offense who possesses a handgun and has been convicted of a felony.

   (2) An offense under subdivision (c)(1) is a Class E felony.

(d)  (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324.

   (2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324.

   (3)  (A) Except as provided in subdivision (d)(3)( B), a violation of this subsection (d) is a Class E felony.

      ( B) A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife.

(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.

   (2) As used in this subsection (e):

      (A) "Motor vehicle" has the same meaning as defined in § 55-1-103;

      ( B) "Motor vehicle" does not include any motor vehicle that is:

         (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms or ammunition not required for employment within such a motor vehicle; and

         (ii) Provided by such entity to an employee for use during the course of employment.

(f)  (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and:

      (A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction;

      ( B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or

      ( C ) Is prohibited from possessing a firearm under any other state or federal law.

   (2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives.

   (3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act, compiled in 26 U.S.C. § 5801 et seq., if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.

   (4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.

   (5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h), the respondent may be charged and convicted under any or all such sections.

---------------------------

 

- OS

Edited August 30, 2015 by Oh Shoot

[GlockSpock]

On 8/29/2015 at 11:53 PM, Oh Shoot said:

Way outdated info on the TNDOS site. As I mentioned earlier, that "in chamber" restriction no longer exists in TCA, nor does it require a permit to possess them. It is omitted from TN Code Annotated because the statute was amended during 2014 legislative session,  zapping both those conditions.

 

All TN Code now updated for the year on LexisNexus, and that's where you should get actual statutes (http://www.lexisnexis.com/hottopics/tncode/). Most of the weapons related laws are in section 39-17-13xx.  Here's the pertinent statute from TCA, "Carry in Cars" section in bold:

-----------------

 

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.

   (2)  (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).

      ( A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.

      ( C ) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.

( (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and:

      (A) Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or

      ( Has been convicted of a felony drug offense.

   (2) An offense under subdivision ( B)(1)(A) is a Class C felony.

   (3) An offense under subdivision ( B)(1)( is a Class D felony.

( c )  (1) A person commits an offense who possesses a handgun and has been convicted of a felony.

   (2) An offense under subdivision (c)(1) is a Class E felony.

(d)  (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324.

   (2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324.

   (3)  (A) Except as provided in subdivision (d)(3)( B), a violation of this subsection (d) is a Class E felony.

      ( A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife.

(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

      ( Is in lawful possession of the motor vehicle.

   (2) As used in this subsection (e):

      (A) "Motor vehicle" has the same meaning as defined in § 55-1-103;

      ( "Motor vehicle" does not include any motor vehicle that is:

         (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms or ammunition not required for employment within such a motor vehicle; and

         (ii) Provided by such entity to an employee for use during the course of employment.

(f)  (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and:

      (A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction;

      ( Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or

      ( C ) Is prohibited from possessing a firearm under any other state or federal law.

   (2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives.

   (3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act, compiled in 26 U.S.C. § 5801 et seq., if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.

   (4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.

   (5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h), the respondent may be charged and convicted under any or all such sections.

---------------------------

 

- OS

I figured that I would bump this instead of starting a new thread.

 

A coworker has a son that is 20, turning 21 in eight months. He is wondering whether he can keep his handgun in his car over the next months and then get his permit. I believe this to be the case, and seem to remember this very discussion here. My understanding is that as long as a person is not prohibited from possessing a firearm and is in lawful control of the vehicle, they may keep a rifle, shotgun, or pistol in their vehicle with round chambered.

[Omega]

I seem to recall that 18 and over can possess a gun in the home, afield or in the car, but have to be 21 to buy or get a CCW permit.

Edited February 2, 2018 by Omega
,

[Oh Shoot]

3 hours ago, CZ9MM said:

I figured that I would bump this instead of starting a new thread.

 

A coworker has a son that is 20, turning 21 in eight months. He is wondering whether he can keep his handgun in his car over the next months and then get his permit. I believe this to be the case, and seem to remember this very discussion here. My understanding is that as long as a person is not prohibited from possessing a firearm and is in lawful control of the vehicle, they may keep a rifle, shotgun, or pistol in their vehicle with round chambered.

Unless a statute mentions age, law is binding for any adult, which is of course 18 years old.

- OS

[chances R]

The only problem with someone under 21 carrying a handgun is that most LEO are probably unfamiliar with the law.  I bet it will be a perfect situation for a Terry stop/search.  May not happen, but if it does will probably be a little messy and maybe a little expense tied to it.  Got to be sure young son stays above reproach should he have a gun in the car. 

[Chucktshoes]

1 hour ago, chances R said:

The only problem with someone under 21 carrying a handgun is that most LEO are probably unfamiliar with the law.  I bet it will be a perfect situation for a Terry stop/search.  May not happen, but if it does will probably be a little messy and maybe a little expense tied to it.  Got to be sure young son stays above reproach should he have a gun in the car. 

This reality (and it’s accompanying dangers) are what I would consider the biggest risks associated with a person under 21 keeping a gun in the vehicle. 

[GlockSpock]

I already mentioned this to the father. He thinks his son is mature enough to do so responsibly and I told him that it is simply legal. We talked about how a lot of cops might not be aware of the legalities of doing so.


Sent from my iPhone using Tapatalk

[DaveTN]

I don’t see it as a problem. But as a former cop I always ask this… How did the gun become an issue?

Obviously there is no issue right now, but why he was stopped and how the gun became an issue would be the determining factors. 

The Tennessee state law specifically refers to 18 U.S.C. § 922(g). That wouldn’t make it a violation but 18 U.S.C. § 922(b) would. Since they specifically say g I would say you are okay; I could also see it being an issue.