TN Open Carry Report

[Grapeshot]

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.

" 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."

 

[Fallguy]

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

 

[OngoingFreedom]

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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[OngoingFreedom]

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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[Fallguy]

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

 

[OngoingFreedom]

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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[Oh Shoot]

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

 

[OngoingFreedom]

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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[Robin47]

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

 

[navyfam2]

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?

 

[solus]

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.

 

[Dirk platinum]

It’s (open carry)very popuLar in the part of tennesee
I live in. I don’t think people
Here even know IWB holsters exist

 

[Ken56]

As a veteran or even a citizen who has another states permit means nothing as to getting a TN carry permit. You must go through the class and range time as any newbie has to. As to TN requiring a permit to carry in spite of our Constitutional right to bear arms I have contacted my representatives to get that repealed and implement Constitutional carry. I have also asked for them to address the issue of posted gun buster signs having the weight of law. I feel that needs to be changed to where if asked to leave a property and you don't it can be simple trespass and not a rights threatening violation.

It is unfortunate that this site has lost many members interest and posting activity has slowed tremendously. I am guilty myself. Here in East TN, Jefferson county has just recently declared to be a gun sanctuary county. Symbolic gesture I suppose but it shows support of the 2A. I carry all over the county both openly and concealed with never an issue. Only had 1 instance of a sarcastic woman telling me how 'safe' she felt with me carrying. I just asked her "what you going to do when I leave and you are not so safe?" No response from her. As it is I see a few people also open carrying around town, not many though. More certain most people prefer to conceal.

 

[Gypsy47]

Welcome to OCDO.

To answer your question most directly: Because that is the law in your state.

Note excerpt from our rules: " Even if you feel that a law is unconstitutional we do not break it, we repeal it or defeat it in the courts."
http://forum.opencarry.org/forums/misc.php?do=showr

Here is what you do when there are two conflicting laws, Read 16 Am Jur 2d. Sec 177 Late 2d, Sec256
Or you mat try reading Norton vs Shelby County 118 US 425p. 442
There can't be two conflicting law, either one is right or the other is wrong. The "Bill of Rights" is an Amendment to our Constitution since Dec/15/1791. Now those who take the "Oath of Office are duty bound to Support and Defend the Constitution.
Should they not do that, then they are committing a crime under "Title 5 USC Section 7311, & 1333 " Also is fraud to take taxpayers money under false pretenses and that is a Felony.

 

[solus]

Here is what you do when there are two conflicting laws, Read 16 Am Jur 2d. Sec 177 Late 2d, Sec256
Or you mat try reading Norton vs Shelby County 118 US 425p. 442
There can't be two conflicting law, either one is right or the other is wrong. The "Bill of Rights" is an Amendment to our Constitution since Dec/15/1791. Now those who take the "Oath of Office are duty bound to Support and Defend the Constitution.
Should they not do that, then they are committing a crime under "Title 5 USC Section 7311, & 1333 " Also is fraud to take taxpayers money under false pretenses and that is a Felony.

first, the bill of rights isn't a singular 'amendment' but rather ten amendments comprising this country's constitution which was written to facilitate anti-federalists who objected to an apparent lack of specific issues and finally ratified.

second, who are '...those who take the "OATH" especially since you mention federal code.
[sidebar...
§7311. Loyalty and striking
An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—

U.S.C. Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

since the federal statute specifically states "he" was Pelosi, VP, other females and trans utter the oath?]

finally, whom is going to jump up and down regarding '...fraud to take taxpayers money' especially if these individual's sincerely believe they are upholding the founding father's intentions?

 

[Boomboy007]

I am visiting my ill mother in Alamo, TN. I live in Bellingham, Washington, and OC is a part of my daily life.

I have been here for about six weeks (Jackson area) and have seen no other OCers. When we went to Costco in Germantown, I saw 2 in 45 minutes.

That said, I haven't had anyone criticize me. Nice change of pace coming from the fast communizing state of Washington.

Anyone else in the area?