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FALSE INFORMATION on this site - TN firearm in vehicle info is wrong

Capn Camo

Regular Member
Joined
Nov 19, 2009
Messages
165
Location
E TN
http://www.opencarry.org/state-info-t-z/tennessee/

States:

"Open Car Carry

Firearms may be openly carried in cars only with a permit/license."

Notice that was OPINION, no citation was given. Its wrong.



TCA 39-17-1307 exempts this (in an auto) :

"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."

http://search.mleesmith.com/tca/39-17-1307.html

Important point

READ ALL THE LAW FIRST....especially 1301, Definitions at the bottom)

This false info is typical blather from the "must have a Govt issued permit" crowd...
always trying to reframe the RKBA within concealed carry laws which, BTW are
100% UN CONSTITUTIONAL.
 
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MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Good luck getting it changed. I doubt any state's info is correct. I've tried many times over a couple years to have Nevada's page corrected as it has several serious errors. It falls on deaf ears, and I have no idea why.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

http://law.justia.com/codes/tennessee/2010/title-39/chapter-17/part-13/39-17-1307/&p=10
There ya go.

I do not use third party sources...you should not either.
 
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solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Meaningless?

SENATE BILL NO. 1774
By Bell
Substituted for: House Bill No. 1480
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the carrying
or possession of a firearm in a motor vehicle.

it is background information pure and simple...footnote if you will.

meaningless...

ipse
 

backpain

Newbie
Joined
Mar 24, 2016
Messages
1
Location
PA, USA
here's what is 'officially' on the books that all the nice LEs and other judicial folk follow...not the meaningless background material stored in a record folder collection with other dusty papers...
https://www.lexisnexis.com/hottopics/tncode/

ipse

Here is what lexisnet.com has listed as current law:
(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.

Unless I am mistaken it is identical to the text of the "worthless cite directing someone to a meaningless piece of paper"

I am interested in this, partly because I came to this site today looking up the laws of Virginia and Tennessee. We are about to head to east TN on vacation and I am wondering what the laws look like in those parts.
 
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solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Here is what lexisnet.com has listed as current law:
(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.

Unless I am mistaken it is identical to the text of the "worthless cite directing someone to a meaningless piece of paper"

I am interested in this, partly because I came to this site today looking up the laws of Virginia and Tennessee. We are about to head to east TN on vacation and I am wondering what the laws look like in those parts.

kudo's for checking your own statutes from the states you are going to visit...

the legislative process paper is worthless except to track the 'bill' through to signature. kinda like your house payment check signed sitting to go out.. (not acknowledged paid on your lender's books) then in you put the check in the mail, (still not ack on their books), then at the lenders' (in this case the TN sec of state but not yet officially put in the statutes nor in my example ack by the lender as credited to your account); the lender gets around to crediting your account...lo & behold your account has been Officially credited as payed.

until the State Sec of State OFFICIALLY enacts the wording from bill into the statutes i concede some might consider it valuable...once the document's wording instilled into the statutes the piece of paper is nothing but a historical record ~ worthless from a perceptive that any LE or other judicial process would detain, arrest, prosecute you by...

i can see the keystone kops hollar'g at someone....STOP your in violation of governor signed house/senate bill xyz, come on now ya gotta stop cuz of this hear bill...

btw...the reason the wording from cite i provided and the bill fallguy match, is cuz the bill went into effect mid-14and everything has caught up.

ipse
 
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color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
Actually, the public law signed by all is the true law. Once the law has been filed with secretary the public law is then codified, given a numerical number, based on Title, Chapter and Section. Or the revision to such Title, Chapter and Section. The only reason it is codified is so it can be found. If this was not done you would need to know what year and day the public law was passed to charge you with violating that law.

The code section is prima facie evidence of the actual public law. At the end of the code section will be the history of the statute, original public law and revisions.

The reason the actual public law is the law and not the code is because a mistake in codifying the law. Just leaving out a comma could change the meaning of the codified law.

And it has happened, rare, but it does happen. More so under federal law. See 1 USC 204. https://www.gpo.gov/fdsys/pkg/USCODE-2010-title1/pdf/USCODE-2010-title1-chap3-sec204.pdf

Each state may do it a little differently, but generally as I described above. My point is that the actual signed law is the law, not the code section.
 

Nascar24Glock

Regular Member
Joined
Jun 29, 2011
Messages
252
Location
Johnson City, TN

What you posted is the 2010 version of the law. The law changed in 2014. Here is the 2014 version from the same site.

http://law.justia.com/codes/tennessee/2014/title-39/chapter-17/part-13/section-39-17-1307/

The new version of the law generally allows any person that may lawfully own a firearm to have a firearm concealed or open and loaded or unloaded in a motor vehicle with no permit.

In relevant part, it reads as follows:

(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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