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Fallguy

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Everything posted by Fallguy

  1. So very true. When I got my black belt figured out that all it really meant was I had the basics down fairly well and now could start learning things that would really help...
  2. The new law says the must (actually I think it says shall) post a sign. State law now makes a general exception for HCP holders to carry their handguns in parks. So the only real way for a local government to give notice would be to post a sign. I bet more than half of the local governments that have opted out haven't even thought about this and many probably won't post signs. How it would play out in a park where the government has passed a resolution, but not posted signs.....can't say for sure.
  3. Been on there site for a while actually. http://www.tn.gov/attorneygeneral/op/2009/OP/OP129.pdf
  4. I would say Yes. 39-17-1322 says you shouldn't be charged or convicted of any crime under Title 39, Chapter 17, Part 13 Weapons of the T.C.A. if the weapon was used in self-defense or defense of a third person.
  5. Name of Park: All county parks County: Decatur County Results of vote: Carry Allowed I work with one of the county commissioners who is a HCP holder and a very strong support of the 2A. He was out of town last week and missed this months meeting, but he informed me today the county commisioners introduced a resolution to opt out and approved it. Apparently this wasn't even really planned ahead of time, as far as I know, there was no real public input on it, other than a one commissioner said he had a got a few calls about it (against carry). But there was no one there to speak for it. EDIT: County Commissioners repleaed previous resolution. Carry now allowed. Vote 16-1. Many stated they weren't really sure what they were voting on last time. Apparently residents called and made a big enough stink to make them reconsider.
  6. I can't believe this guy handed over his weapon to the police? Why would he do that in the first place?! But I have to agree, once the police had custody of it, especially voluntairly give by the owner, there is nothing to prevent them from checking the weapon. I mean, I don't think the PD is normally in the business of taking any personal items into custody for safe keeping are they? Do people go and park their vehicles in the parking lot if they are going to be gone a while? While I would be a little mad that I couldn't get it back right away if I was this guy, I think it is his own fault for giving it to them in the first place.
  7. Point 1 - They may not know, but even if they don't you are breaking the law regardless. But there are many ways you can be made, even when you conceal. Point 2 - 39-17-1350 allows LEOs to carry at all times and in all places in TN, except those places list in sub-section ©. Parks are not listed in that subsection. Point 3 - No, your are not allowed to have a handgun in your car unless you have a carry permit. Even then you can only have it in your car in schools or parks under certain circumstance. Also 39-17-1359 signs can legally prevent you from leaving your handgun in your car if they have posted their parking lot. Point 4 - All of those things could be considered weapons if it is your intent to use it as such. A baseball bat hitting a baseball, ok. A baseball bat hitting someone in the hear, assualt with a deadly weapon. But unlike those other items firearms are seen as a weapon 100% of the time.
  8. Welcome and thank you sir
  9. Welcome
  10. Welcome
  11. Welcome
  12. Although the law allowing LEOs disarm HCP holders only says if the officer feels it is needed for the safety of the LEO, permit holder or others some LEOs choose to disarm everyone, all the time regardless. I think many more choose to just have the permit holder leave the handgun where it is. Of course that is if you have informed the officer in the first place even.
  13. There has been some debate on this, but many think it is legal. From the second part of 39-17-1309©(1) The AG seemed to confirm that in a recent opinion about park carry where school activites may be taking place. From the Analysis of AG Opinon 09-129 So the real question would be whether the school had a policy against it or not. If they do, while it may not be illegal for him to keep it in his car, it could cause other problems.
  14. I think it goes back to what I said. Long guns (with all firearms) are generally prohibited in parks by 39-17-1311. Whether in your hand, in your car or up in the air...it doesn't matter what they are in, they can't be in the park. Unless you/they fall into the list or exceptions in the park carry law. The exception for HCP holders in the new park law, is for handguns only. Just as the new WMA law allows for carry in a WMA, but only if you can otherwise legally be there. In other words, because you a HCP doesn't mean you can carry on WMA if it is closed to the public for some reason. The new long gun carry law, doesn't mean you can just carry a long gun in your vehicle anywhere and everywhere now. If firearms are prohibited in some specific location (like parks) then they are still prohibited and the new law doesn't bypass that and allow you to carry them there. Just as if a business had a 39-17-1359 posted at the enrtance to it's parking lots, you couldn't legaly take your long gun on the property just because of the new law.
  15. I have always understood that to be legal. Not sure a "retaining device" is required. You could have it in your pocket or just stuck in your waist band AFAIK.
  16. In reality, nothing would problem happen unless there was more going on, than you simply being armed. Technically you could have to show that it is your yard.
  17. +1 Unless you would fall into 39-17-1310. But just because the school is closed, doesn't mean it isn't a school anymore.
  18. No, the new long gun carry law doesn't exclude parks, it's just that firearms in parks are generally illegal per 39-17-1311. The new park carry law only makes an exception for handguns, not all firearms. But I still wonder if makes a difference if the long gun is unloaded and/or there is no ammo for it.
  19. What if there is absolutely no ammo for the long gun on the camp site? Wouldn't it be legal then? I mean if you are taking them with you for the simple fact you are worried about them being stolen if you leave them at home, you wouldn't need to take an ammo with you.
  20. To my limited knowledge, the answer would be No to all 3 questions. Except in possible cases of a felon in possession of a firearm on their property.
  21. What the law says, is you must present it if asked for it by a LEO. It doesn't make any exceptions for where you are at the time or whether you are armed at the time or not. Now how many will ask you for it in a situation where it is not required, who knows, but it has happened. It also says you only have to have your HCP at times you are armed. Of course it probably means outside of your home or property, but it doesn't specifically say that either. Some of this came up from a person being asked for their HCP by a LEO on their own property, so it has happened. As far as mowing your lawn or riding your dirt bike in your yard......there are no laws against those activites. There is a law against carrying a weapon.
  22. I believe it was added in 1986 about the time of the HCP law.
  23. You do if asked....
  24. The question is not whether you have to have one or not, but that if you do have one, that you have to show it if asked......even if you are in a situation where you don't have to have one. As the law is written, it would appear if you have a HCP you have to present it to a LEO if he ask to see it, even if you aren't in a place or situation where it is required to have it.
  25. I work that day... As it gets closer I may can take off...will have to wait and see.

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