Thread: Answer please
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Old 07-01-2009, 12:18 PM   #7 (permalink)
RinTN
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Joined: Mar 2009
Where: JC, TN
Age: 41
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RinTN is a male RinTN is a Carry Permit Holder RinTN is a member of the NRA
Quote:
Originally Posted by Falcon1 View Post
Not necessarily. I have spoken with an attorney on this, and (b)(1) may also apply:

The affirmative defense of Chapter 39-17-1310 does not apply to staff members (and there is no definition in TCA of "intent to go armed," ...
It would be nice if TCA gave a distinct definition. This is one of big reasons I would like to see the state's right to bare to include you vehicle as well as your home.

With that said, there is an AG opinion that states, "... It prohibits the carrying of a firearm with the intent to go armed. Thus, the carrying of a firearm is prohibited only when it is carried in a manner so as to be "readily accessible and available for use in the carrying out of purposes either offensive or defensive. ..."

So, related to the original question, do you think that an unloaded and/or inaccessible handgun would be acceptable under the law? Also, do you know if TCA defines "weapon" so that an unloaded handgun would be included or not?
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