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non permit holder Gun in car..... what is details?


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Posted

Does it need to be in glove box or in case. Can have it near you, but carrying it? Can someone clarify? I'm new to the state.

Posted

As long as it's in the car and you can legally posses it then you're good to go, doesn't need to be in a case or anything.  Removing the gun from the car is when you will begin to have an issue without having a really good reason to do so.  I would highly suggest reading and understanding the law before you do anything involving carrying a gun that you are not 100% sure about.  There is generally good information here but I would not do something based solely on information obtained from people that I do not know on an internet forum. There is a link to the Tennessee Codes Annotated in my signature line, that would be a good place to start.   

  • Like 1
Posted

As long as it's in the car and you can legally posses it then you're good to go, doesn't need to be in a case or anything.  Removing the gun from the car is when you will begin to have an issue without having a really good reason to do so.  I would highly suggest reading and understanding the law before you do anything involving carrying a gun that you are not 100% sure about.  There is generally good information here but I would not do something based solely on information obtained from people that I do not know on an internet forum. There is a link to the Tennessee Codes Annotated in my signature line, that would be a good place to start.   

 

I tried searching it and could not find it.  That why I asked here. Would removing include moving from the passenger compartment to more secure trunk when you are not in the car? or if you are referring using it as intended outside the car?

Posted

If I recall from the permit class.... Residents of TN are allowed to posses handguns on their own personal property, w/o being permitted. Your automobile is considered personal domicile (if you're riding in someone _else's_ car, I don't think it applies, not your personal property). If you have a guest riding in your car, and it is their gun, and you are permitted, I think you're OK (you're permitted, you're good).

 

If nobody is permitted, I would not carry the gun in the passenger compartment of the car, period. I believe you could safely transport a handgun from point A to point B in a locked storage box in the trunk, but that may be up to the discretion of the police. Perhaps you could be more specific about the situation: Taking your buddy to the range/your land to do some shooting, and nobody has a permit?

 

- K
 

Posted (edited)

If I recall from the permit class.... Residents of TN are allowed to posses handguns on their own personal property, w/o being permitted. Your automobile is considered personal domicile (if you're riding in someone _else's_ car, I don't think it applies, not your personal property). If you have a guest riding in your car, and it is their gun, and you are permitted, I think you're OK (you're permitted, you're good).
 
If nobody is permitted, I would not carry the gun in the passenger compartment of the car, period. I believe you could safely transport a handgun from point A to point B in a locked storage box in the trunk, but that may be up to the discretion of the police. Perhaps you could be more specific about the situation: Taking your buddy to the range/your land to do some shooting, and nobody has a permit?
 
- K

You don't need a permit to carry in your car.

As to the OP.. you can have a loaded gun in your car. It is a crime in this state to carry a loaded gun out of your vehicle if you are not on your own property. Edited by DaveTN
Posted

Does it need to be in glove box or in case. Can have it near you, but carrying it? Can someone clarify? I'm new to the state.


Simple solution is to take a carry class. Laws will be reviewed, can carry in most places legally, and benefit from reciprosity.
  • Like 1
Posted

You don't need a permit to carry in your car.

As to the OP.. you can have a loaded gun in your car. It is a crime in this state to carry a loaded gun out of your vehicle if you are not on your own property.

 

 

Actually, it's still a crime but 39-17-1308 has residence, place of business, or premises as a defense to unlawful possession. A car is actually the only place that it's fully legal for possession of a gun without having to have a defense to the law. It's crazy stupid how the law is written, and I would argue that 1308 is written in a unconstitutional manner since they can only legally restrict carrying, not possession.

Posted

If you don't have a permit, you could carry the gun on you if you are in your car.  You can keep it on you when you get out of the car if you drive up to your property or another place you can carry without a permit, such as a range or where you are hunting or fishing.

Posted (edited)

Note that it is still only an exception to unlawful possession under 39-17-1307, but not to possessing in your vehicle in posted lots, school property, or employer lots that ban it by policy -- that still requires a permit as per 39-17-1313.

 

- OS

Edited by Oh Shoot
Posted (edited)

You want to read TCA 39-17-1307e and 39-17-1308a both of these sections of the law will better explain what you can and can not do without a permit.

 

IANAL but the basic reading of the law makes it clear you can have a loaded firearm (rifle, shotgun, or handgun) in any vehicle as long as you have legal possession of it, and it does NOT belong to a government or private entity that has a written policy prohibiting firearms.

 

Moving the firearm from the passenger compartment to the trunk of your vehicle LOADED can only be done legally while on your property, place of residence, or place of business.  UNLOADED, you can move the firearm just about anywhere except a school/university.

 

Remember, that 39-17-1307/8 does not cover public/private schools, universities, public parks, etc in those locations to have a firearm legally in your vehicle you will need a permit.

 

As others have said the best solution today is to get a permit.  But you can legally carry in your vehicle without one, and if you need to should.

 

I tried searching it and could not find it.  That why I asked here. Would removing include moving from the passenger compartment to more secure trunk when you are not in the car? or if you are referring using it as intended outside the car?

Edited by JayC

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