Fallguy

The basic things to remember are: if you reasonably feel the imminent threat of death or serious bodily harm, then use deadly force. you can not use deadly force just to protect property or terminate trespass. The second item is why I still give serious thought about moving to TX.

Sounds like you have it down, enjoy the trip!

I think it would be hard, but I don't disagree. But the trouble is the flipside. A good lawyer might could argue if an innocent 3rd party is injured by a HCP holder in shooting, the business may be liable because a they didn't post when they could have. Remember even the 39-11-622 doesn't protect you from damages to an innocent part in justifiable shooting.

The more correct answer is the new law has not changed their liability. As far as what they are or are not liable for, may be up to a jury.

Without going to deep into the endless debate of notify, don't notify. I will say roadblocks are a bit different than being stopped for a traffic violation. As others have said, most of the time at a roadblock they look at your tag and your DL and if nothing seems out of the way...you are on your way. However if your firearm is visible, but not sure how it really would be unless it sitting unsecured in the passenger seat or something, or your left handed and your OCing, then I would handover the HCP also. When I've said I may not notify I have also said that if they were going to search me or I thought the would otherwise find/see the handgun, I would tell them before letting them find it on their own.

Welcome

AG Opinion 09-129 So there is no reason for a local government to opt out of park carry because a school may use the park at times. However if there is a school event going on at the park, carry would be prohibited. One possible problem I can see....the local school here has a field day at the park toward the end of the school year. However I think it would be very easy for someone on the other side of the park to have no idea that a "school event" is going on within the park. Of course no one would probably know you are armed unless something happened that would make them be thankful you are armed.

I agree restaurants aren't public property. (Also just a note, all of my positions are about property in general, just restaurants). The reason I don't have a problem with a "No Shoe, No Shirt" restriction is because, depending on the business, you can make a reasonable argument that someone with no shoes and/or no shirt would be disrupting business being conducted. My argument is, how is someone carrying a legal handgun disrupt the business? Oh I understand you don't agree with No Firearms sign. I also agree with you about Mr. Rayburn's establishments.

Just a note, one line questions and answers are in no way going to cover all the variables that may come along with a situation. A better term is proportionate force. You can use the amount of force necessary to stop the other persons unlawful use or attempted use of force. So once you've got the guy under control that was about to hit you, you can't keep beating on him. Take from your possession. It depends, if he broke into you house in the middle of the night while you are asleep, the law will presume you were in fear of death or serious bodily harm. If you come back from the movies and he is standing in your driveway with it..you can try to tackle him, yell at him to stop or whatever you can think of to stop him or get him to drop it EXCEPT you can't use deadly force unless it would be ok under self-defense laws. Tell him to leave and/or call the police. I personally believe you can be armed and let the trespasser know you are armed while telling them to leave, but some say that may be a no-no. If it is an attached garage it is the same as your house. Even if it separated from your house and you are in it at the time, it is dwelling on your cutliage. You would be presumed to be in fear of death or serious bodily injury. If it is a detached garage and no one is in it, it's about the same as them being in your yard. Does that mean if someone if someone decides to invade my home and start stealing my stuff, I have to just sit back and watch, or call the police (which is pretty much the same thing)? No, as said above, if they have broke into your house you don't have to wait and see if the mean you harm, the law presumes they do. But you can not use deadly force just to stop someone from trespassing or stealing your property. One more note.....when the law says it presumes you to be in imminent fear of death or serious bodily harm...it is just that a presumption. If the DA feels something is wrong or that the fear wasn't reasonable, he can still charge you and try to prove the shooting wasn't justified.

Don't intended on trying on purpose...but always good to know.

39-11-611 Self-Defense 39-11-614 Protection of property Amended by Public Chapter 194 39-11-611((2) gives the situations where the use of deadly force is lawful. 39-11-611© gives the situations in which the law presumes you to be in fear of imminent death or serious bodily injury. 39-11-611(d) gives the situations in which 39-11-611© does not apply

Because you have extended an open invitation to anyone and everyone to come into your house and opened it to the public, like the restaurant owner has. Now if he wants to close it to the public and only allow members in, then he can place whatever restrictions on entry he wants to as far as I am concerned.

The term "Castle Doctrine" or "Castle Law" are sometimes used to mean the collection of separate laws that have to do with self-defense and protection of property. IMO those terms are somewhat confusing because they can mean different things to different people and that laws vary from state to state even though both states may have the "Castle Doctrine" Anyway....in TN, you can only use deadly force against someone if you are in fear of imminent death or serious bodily harm. BUT...if someone forcibly (can mean just turning the door knob) and illegally enters your home, business, dwelling, occupied vehicle the law presumes you are in fear of of imminent death or serious bodily harm. You can use reasonable force to terminate trespass or prevent theft of real property, but you can not use deadly force. Because there are situations in which you may defending your life and property at the same time, a new law was passed that says if you are using deadly force as authorized under self-defense then you could not be charged with using deadly force for protection of property. But again, as said, only if you are also covered under self-defense. I am running short on time at the moment, I will try to come back later and post links to the laws and the ones that have passed this session.

True... Also..it's not only what you testify to, but what the 12 people who are listening to your testimony believe.

Got ya.... But if the ATF does a trace they are still going to have to start at the beginning with the manufacture and the first dealer it went to, right?

Rob, check these two post... http://www.tngunowners.com/forums/tennessee-politics-legislation/22993-approaching-local-government-officials-about-park-carry.html#post305434 http://www.tngunowners.com/forums/tennessee-politics-legislation/22993-approaching-local-government-officials-about-park-carry.html#post309047

Good clarification... On another note......has anyone ever been rendered uncouncious by a taser?

I think all you need is your CO permit, $50 and your birth certificate. Since this is considered a renewal, it could take 4-5 months before you receive your TN HCP. However your CO permit and your renewal application should allow you to carry until the new one arrives. You may want to check with the people at the DL station, but unfortunately they don't always know. It may be worth contacting the main office in Nashville first. I wouldn't give your CO permit to them unless you have to and/or you have talked with Nashville first. Also...The FAQ section is for information only and not designed to posted in.

He definetly is not up on the law. ...and judging by the fact he didn't push it, he may know that he isn't.

Welcome

Welcome

Welcome

Welcome ...and I preformed a sex change for you...

Discussed once before... http://www.tngunowners.com/forums/handgun-carry-self-defense/4936-tasers-stun-guns-appropriate-response.html

Well I didn't mean what they ship out for all of us, I meant the bottles they sell in the gift shop are not exactly the same as you get at the package store somewhere. But on the getting it by the drink...I got ya...