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Thread: TN Open Carry Report

  1. #401
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Fallguy View Post
    Actually long guns can have chambered rounds now too. At one time only those with Handgun Carry Permits could have loaded long guns in their vehicle (without one in the chamber) but after the law change if you can legally posses the firearm (handgun or long gun) you have have it in your vehicle, loaded (including a round in the chamber) without a permit.

    In general there is no legal way to openly carry a loaded long gun on your person unless it is incidental to hunting or one of the other listed activities in the law.
    It is polite to provide a cite - Forum Rules too.

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  2. #402
    Regular Member Fallguy's Avatar
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    Quote Originally Posted by Grapeshot View Post
    It is polite to provide a cite - Forum Rules too.

    " CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc."
    http://www.lexisnexis.com/hottopics/tncode/

    See T.C.A. 39-17-1307(e)(1)

    (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.


    Effective July 1, 2014 per Public Chapter 870
    http://share.tn.gov/sos/acts/108/pub/pc0870.pdf
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  3. #403
    Regular Member OngoingFreedom's Avatar
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    Quote Originally Posted by papa bear View Post
    Thanks ONGOINGFREEDOM. Just to clarify though, you do not need a permit to have a gun in your car?

    Do you need a permit to carry openly a long gun? ( hope that doesn't break forum rules)
    No permits are necessary to car carry handguns or long guns. You simply must not be prohibited to possess them.

    You can not long gun carry in all the ways you may a handgun. Hunting is an exception to that. Car carry: long guns may be loaded but not chambered. Carry on foot a long gun in public (very rare, BTW): your long gun may not be loaded. In fact I don't think you can even have ammo for it on you.

    It may help to understand that in TN it is illegal to possess a loaded firearm. After starting with that TN then created exceptions and defenses to being armed. The net effect is that you may be challenged to prove you meet an exception or have a defense if you are.

    There is neither exception nor defense to have a loaded long gun on foot and in public, except for maybe because you are actively defending against a threat.

    It is a defense to be armed with a handgun, in public and on foot by possessing a TN Handgun Carry Permit (HCP) or other state's equivalent. If open carrying you may be challenged to produce a permit though this seems rare.

    It is an exception to have a loaded firearm in your vehicle.

    And so on.


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  4. #404
    Regular Member OngoingFreedom's Avatar
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    Quote Originally Posted by papa bear View Post
    Thanks ONGOINGFREEDOM. Just to clarify though, you do not need a permit to have a gun in your car?
    Here is the code:

    39-17-1307. Unlawful carrying or possession of a weapon.*
    ...
    (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.


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  5. #405
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    Quote Originally Posted by OngoingFreedom View Post
    No permits are necessary to car carry handguns or long guns. You simply must not be prohibited to possess them.

    You can not long gun carry in all the ways you may a handgun. Hunting is an exception to that. Car carry: long guns may be loaded but not chambered. Carry on foot a long gun in public (very rare, BTW): your long gun may not be loaded. In fact I don't think you can even have ammo for it on you.
    You are now longer required to keep the chamber empty. That was only when those with HCPs could have loaded long guns, but that changed July 1, 2014
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

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  6. #406
    Regular Member OngoingFreedom's Avatar
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    Quote Originally Posted by Fallguy View Post
    You are now longer required to keep the chamber empty. That was only when those with HCPs could have loaded long guns, but that changed July 1, 2014
    I had wondered about that. Thanks!


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  7. #407
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    Quote Originally Posted by OngoingFreedom View Post
    Here is the code:

    39-17-1307. Unlawful carrying or possession of a weapon.*
    ...
    (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.
    It should be noted that this does not cover the same in posted areas or on school property. Still takes a permit to legally have/stash weapons in vehicle there, since this is exception to 39-17-1307 only, and not those other statutes.

    - OS
    Last edited by Oh Shoot; 11-21-2016 at 02:09 PM.

  8. #408
    Regular Member OngoingFreedom's Avatar
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    Quote Originally Posted by Oh Shoot View Post
    It should be noted that this does not cover the same in posted areas or on school property. Still takes a permit to legally have/stash weapons in vehicle there, since this is exception to 39-17-1307 only, and not those other statutes.

    - OS
    Excellent point.


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  9. #409
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    Quote Originally Posted by Tnbaeb9203 View Post
    I noticed that TN has to issue an open carry/ concealed carry permit before you are legally allowed to carry a weapon. I thought that we were constitutionally allowed to bear arms. How can we be allowed constitutionally to bear arms and be thrown in jail if we do so?
    Very simple, the oath of office these days means nothing, there's no accountability these days sad

  10. #410
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    Requirements to attain permit

    Hello everyone... new to this forum..

    I am currently active duty US Navy stationed in Pearl Harbor, Hawaii.. I retire from the Navy at the end of the year and will be moving permanently to Chattanooga, TN.

    Being a military veteran, what are the requirements to attain the OC/CC permit in Tennessee?

  11. #411
    Regular Member solus's Avatar
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    Quote Originally Posted by navyfam2 View Post
    Hello everyone... new to this forum..

    I am currently active duty US Navy stationed in Pearl Harbor, Hawaii.. I retire from the Navy at the end of the year and will be moving permanently to Chattanooga, TN.

    Being a military veteran, what are the requirements to attain the OC/CC permit in Tennessee?
    Tks for your service to our country, tis truly appreciated, oh darn, welcome to the forum also!

    One of the best reference firearm carry sites around is handgunlaw.us and here is the cite for TN: http://handgunlaw.us/states/tennessee.pdf

    In keeping with OCDO’s charter, quote:

    Open Carry is only legal for those with a valid permit/license to carry a concealed firearm. For Carry in a vehicle without a permit/license see “RV/Car Carry Section.” I hear that open carry in cities is rare but more common in rural areas. Places as listed in the “Places Off Limits” above apply to those who open carry. See the “RV/Car Carry Without a Permit” section for carrying in a vehicle. Unquote.

    Again, thanks for your service, remember do not go stir crazy while awaiting retirement...

    Go well

    ipse

    addendum: I had heard the Navy brass didn’t consider nor play with DoD’s 2016 Directive 5210.56, but you might pursue the www for a reading and see if it is of interest to you in TN.
    Last edited by solus; 07-26-2018 at 03:04 PM.
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