Fallguy

I really don't think the DA or super are pro-gun as much as the DA was just trying to not stir things up and was like that because this guy is the super and I think the super was more, "I'm the superintendent of schools and I can do what I want in the school."

Not really sure who this guy is. I see two possible motives....a misguided attempt to change the law (unlikely) or simply a trouble maker looking for attention. I'm all for citizens taking action if they believe their officials have been derelict in their duty, but I really don't think this guy is quite so noble...

Moved this from the Carry Prohibited sub-forum, as it looks like Carry is not prohibited there....

This is sort of what I thought....

If your question is about what legal responsibility you'd have, the answer is None.

He has been indicted by a Grand Jury after the case was presented by a citizen, not the DA. http://www.wbbjtv.com/news/local/Hardin-County-Superintendent-Indicted-143432846.html

Well I think you make the most important point in that it is only a defense. I wouldn't think most DAs would charge someone walking or biking to the range as long as the firearm wasn't actually loaded. But if you had a loaded shotgun next to you while you were fishing...that might be something different.

I have always taken the "incident to" to mean while you are engaged in the activity...not before or after.... Otherwise people could have a loaded firearm and always say they are on the way to sports shoot, hunt, etc.... Also this is just my take...but I've always taken the camping or at least for sure fishing to mean a defense against having a knife with a blade over 4" not so much a firearm. Not really sure how you would use a firearm to fish.

http://www.tn.gov/attorneygeneral/op/2012/op12.32.pdf QUESTIONS 1. May the holder of a valid handgun carry permit that was issued pursuant to Tenn. Code Ann. § 39-17-1351 lawfully carry a handgun into a courtroom while it is being used for administrative, as opposed to judicial, meetings? 2. If Tennessee law prohibits the carrying of a handgun into a courtroom while it is being used for some purpose other than judicial proceedings, is the county required to post signs that conform to the notice requirements of Tenn. Code Ann. § 39-17-1359 if the county elects to prohibit handgun possession during such times? 3. If the county has not posted signs that conform to the requirements of Tenn. Code Ann. § 39-17-1359, would detaining a citizen at the entrance of an administrative meeting for the purpose of screening such persons for weapons constitute an unreasonable search and seizure under the Tennessee or United States Constitutions? 4. Is a county required under Tenn. Code Ann. § 16-2-505((4)(d)(2) to establish a security committee for the purpose of determining the security needs of its courtrooms? 5. Are deputy sheriffs assigned to courts as bailiffs during judicial proceedings required to be certified as peace officers by the Peace Officer Standards and Training Commission (POST)? OPINIONS 1. Yes. Tenn. Code Ann. ' 39-17-1306(a) prohibits the carrying of firearms into rooms where judicial proceedings are in progress. Section 1306(a) does not serve to prevent a holder of a handgun carry permit from lawfully carrying a firearm into a courtroom if there is no judicial proceeding in progress and the courtroom is being used to hold an administrative meeting or for some other purpose. An individual, business or government entity is, however, authorized under Tenn. Code Ann. § 39-17-1359 to prohibit the carrying of firearms into such meetings upon the posting of notice of such prohibition in such a manner as required by the statute. 2. Yes. Tenn. Code Ann. § 39-17-1359( requires that notice of the prohibition against carrying firearms be posted in English and in prominent locations, including all entrances primarily Page 2 used for entering the property, building or room where the weapon is prohibited. 3. Under the plain meaning of Tenn. Code Ann. § 39-17-1359, if notice is not properly posted, it is not a violation of the statute and thus not a criminal offense for an individual to possess a firearm at an administrative meeting if that individual has a valid handgun carry permit issued pursuant to Tenn. Code Ann. § 39-17-1351. Whether the detention of a person at the entrance of such meeting for the purpose of screening or searching for weapons constitutes an unreasonable search and seizure under the Tennessee and United States Constitutions will depend upon the totality of the specific circumstances. 4. Yes. Under Tenn. Code Ann. § 16-2-505(d)(2) a county is required to establish a security committee for the purpose of determining the security needs of the courtrooms. 5. Yes. With the exception of court officers in Davidson County, a bailiff or court officer must be a deputy sheriff, must obtain POST certification within one year of employment, and, if newly assigned to the courts after July 1, 2008, must also complete forty hours of basic training in courthouse security and sixteen hours of annual training. I did not post the ANALYSIS but is interesting as well.

I have heard of states that refer to a 3 step rule, but I don't think TN is one.

DL/HCP info is not directly tied to your tag number. Yes you can run the tag get the RO info, take that info and run a DL check. But it is a two step process. My guess on why it's not regulalry done is, even though the RO is usually the driver, they are not always the driver. Also just because someone has a HCP doesn't mean they are armed. Also I know around here they don't always run a tag check on every vehicle that is stopped and many times don't run a DL check on the driver. I'm sure in other places they do though.

This...and to add 39-17-1301. Part definitions. As used in this part, unless the context otherwise requires: (18) "Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.

Several months ago I put my position to the test and didn't notify. Got a ticket, but no questions about a HCP, guns or anything like that. I was on my motorcycle so I was already "outside" the vehicle, but I have also always said I wouldn't let them find/see the handgun without notifying them. I agree it's not a good idea to let them see or find a firearm you haven't told them about, but if it is concealed I don't see any reason to bring it up. It sounds like the first officer in the OP wasn't that bad...he didn't tell you that you had to inform and doesn't sound like he got rude. As far as the LEO with your friend.....it's funny how it was ok when he had a loaded firearm in reach but was worried about ones locked in the trunk. Who knows what was going through his mind. As far as being on some list....I've never worried about it a whole lot. Just because you have a HCP doesn't mean you always carry a handgun or even own a gun for that matter. I know people who have got them "in case" or because there significant other carries and that way there isn't a problem if they are left with the handgun for some reason. And Yes I've filled out some 4473's but since there is no requirement for record keeping on private sales...who knows what I still have if any of them? A friend of mine says even if the completely outlawed private firearm ownership tomorrow, they simply don't have the manpower to come and collect them all. If his position was 100 on a scale and 0 was they'd show up the next day at ever door to get them....I'm about a 90.

Just to clarify one thing, Federal Buildings at National Parks are required to post a sign that they are a Federal Building per Federal Law. More info here… http://handgunlaw.us/states/usa.pdf I think the rest about National/State/Local parks has been covered.

The law requires all entrances used by the public to be posted. If that not is the case, the technically it is legal to carry there. But it will be up to the LEO if you have to prove that to him or the judge if one becomes involved.

Why I don't recommend breaking the law at all....it is not "that" serious. If no one else is around, like in a car, and it is only your first offense it is a Class C misdemeanor. Now if you are in a place open to the public and one or more people are around it is a Class A misdemeanor. The biggest penalty to me would be confiscation of the handgun though.

I think I get what you are saying....I agree that transporting a handgun in the glovebox would not be a "normal" way to be transporting it to the range. But basically if it is being transported in anyway that would be considered "unloaded" but the definition above, he could be trouble. But as someone else pointed out....if he found himself in a true self-defense situation 39-17-1322 should help keep him from being charged or convicted.

I keep my handgun on me even in the car, but I have moved my registration and insurance to the sun visor just so I don't have to do a bunch of moving around etc....

Regardless of transporting in the glovebox or not, I'm not sure I would have it in the open where a LEO might see it before I could tell them what's going on either. If it's out of sight....should be no reason the subject even comes up.

If you don't have a carry permit any firearm must be transported unloaded. Unloaded means... "....the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon." from 39-17-1301(18) http://www.lexisnexis.com/hottopics/tncode/

Well we can't all have the power.....

Makes me glad I always early vote at the election office.

Good deal.

The enhanced MS permit would seem to apply only to MS residents who have a permit and get the traing per MS law. Otherwise the off-limits places in MS law apply to any "regular" MS permit holder and ALL out-of-state permit holders from states the MS honors. You can always check www.handgunlaw.us for info on off-limits places in any state, plus the do have info about MS enhanced permits. It reminds be a bit of AL permits.... In AL sheriff's issue the permits and can place any restrictions on them they want above what is already in state law. That restriction applies to the permit holder anywhere he is in AL, not just the county of issuance. But for out-of-state permit holders the only restrictions are what is in state law.