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LOCAL PARKS WHERE AN OFFICIAL DECISION HAS BEEN MADE
Fallguy replied to Fallguy's topic in Handgun Carry and Self Defense
List complied by the NRA or counties/cities that have opted out. NRA-ILA :: Tennessee Park Carry Law Goes into Effect Tuesday, September 1st! -
I agree. I also acknowledge that LEOs are generally confronting everyone they see armed on private property and demanding they poduce a HCP and/or proof of it being their residence. But as you said, I just don't think the law should say simply possesing a firearm is a violation of the law and that you have to prove that you fall into one of the defense to the law situations.
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No, state laws still apply on private property. Carrying a firearm on private property is a defense to an illegal activity, not legal by itself.
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I'm not sure if everyone can do this....but... Click on Edit the first post. Then if you have it, click "Go Advanced" That allows me to change Thread titles, but that may only be for benefactors and/or mods.
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Welcome
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Welcome
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Welcome
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I don't know...sorry.
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You aren't so much proving you are on your property as you are providing a defense to the illegal carry of firearm. If you are just sitting in your yard watching the traffic go by, I agree a LEO has no business on your property and/or asking you to prove it is your property. But just like with the LEO and the Harvard professor, if he has reason to believe a crime may be being committed (in this case the illegal carry of a weapon) he can investigate that matter. ...and you may be right about not having to prove it to the LEO, but if you don't or can't you will probably be proving it to the judge at a later date.
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I have to agree in that I have never really thought an improper sign was to appease the sheeple but still allow legal carry. That being said, what I judge as a sign not complying with 39-17-1359 will not stop me from entering a place if need/want to. As why I may enter a restaurant or other business with an improper sign, there are many reasons. There may not be an alternative choice for what you want or need to do. You may be with others that have made the choice of the location and don't want to disrupt the plans. You may really enjoy the food there and want to eat there regardless of what their views on carry rights are.
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Agree. Just meant that even though we do have to show our HCP, even those without a HCP may have to show something to prove they are legal. As far as the laws go, if you look a large part of the Weapons laws (Title 39, Chapter 17, part 13) were created by public chapter 591 in 1989. It almost appears a near complete redoing was done shortly after the HCP law went into effect. I agree a lot has changed over the last 20 years and it is about time for another reworking. Would like to have known what the weapons laws were prior to that....
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You don't have to produce a HCP if you are carrying in a situation that doesn't require one. My point was that you may have to prove you are in a situation where your carry of a firearm is legal, since the carry of fiream is generally illegal. You may have to prove you are on your property or that you are hunting or any of the other defenses in 39-17-1308.
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You're right waynesan
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We really don't. See above post. See above post.
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I don't think it is right myself, I'm just saying it is the way the law is written. 39-17-1307 says "A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4"), or a club" So it is illegal to carry a firearm, period, in TN. No two ways around it. There are defenses to the above provided in 39-17-1308, some of which are if the firearm is unloaded, if you have a HCP, if you are at your residence, business or premises. But they are just that, defenses, you are breaking the law, but if you can defend you action by proving one of the defenses in 39-17-1308 apply to you at the time, you are ok. Most of the time it is good enough to prove that to the LEO, but it could also be required to prove it in court. Now if the being on your property was an exception and not a defense it would be different. A LEO would need some PC to think a law was broken. But as the law is, even on your own property, if you are out in your yard armed or even in your house, as far as the LEO knows, you are breaking the law, unless you can defend yourself by showing you are on your own property. Do all require "papers" or the showing of ID to determine this? No, of course not, especially if the know you. But again, they could the way the law is written. So this is the reason why in public (or at home I guess) you must show your HCP (if you have one) to an officer if asked, because again as far as he knows you are breaking the law by being armed and you must prove that you aren't.
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You know....come to think of it, as you said in another thread, possession of a loaded weapon is illegal in TN, period, actually even on your property. Being on your property is just a defense like having a HCP is a defense. So one might say the LEO is asking for the HCP as identification to make sure that is your residence.
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I think it simply says possession, not illegal possesion. At least that is what the one says linked to in Michie's http://www.michie.com/tennessee/lpext.dll/tncode/%40o%40/295?f=templates&fn=document-frame.htm&ct=application/pdf&2.0
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Posting just to confirm the other posts. A city can make some parks off-limits and not others, but whatever is done, it has to be the entire park.
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This has actually been discussed several times on here. Even though the part about where "sold" is incorrect those signs are still required by law. 57-4-203(k) Here is the sign. What the sign states is correct (other than the sold) as far as what the penalty is if someone carries that doesn't have HCP. As far as being illegal to carry outside your home without a HCP, Yes, that is true, but different places {places that serve alcohol, parks, schools} have different penalites for illegal carry (schools still illegal even with HCP) and some are required to notify people of that by posted signs.
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Actually state parks were legall for HCP carry the date the bill was signed.
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Is pointing a gun always considered using deadly force?
Fallguy replied to a topic in 2A Legislation and Politics
I tend to agree....on both accounts.