Fallguy

I thought I had already posted this law once... Seems pretty clear that you can not be armed or even have anyone with you that is armed while you are bow hunting big game if it is archery only season. The bill to change this HB0770 is still waiting to be hear in committee when the legislature is back in session.

While it seems several of the larger cities and counties are already working on resolutions to prohibit carry in their parks I haven't heard to many post about smaller areas. I've had heard anything about where I live (Milan/Gibson county) working on such a resolution. Part of me thinks it's best to just keep quite and not bring up something that may not be on their mind. However another part thinks it would be better to start trying to educate them and argue our side before there is a bunch of public pressure against it or maybe even stop it from coming up in the first place. What are your plans/thoughts on the local governments in your area?

LOL...I think we both always "had it" we were just coming from different directions and maybe both not being as clear as we could have been.

I don't think KY or TN manage LBL. On Cherokee I thought others had posted it was managed by the TWRA, but I am not sure myself.

If you have a CO CCW you only have to be 21, fill out the application, show proof and citizenship or lawful permanent residency and pay the $50 renewal fee. See here. However....if you did not have a CO CCW already, Yes, military training can be used instead of taking a safety class. In TN a gun is considered loaded if the ammo and firearm are close to each other, even if the ammo is not in the gun. However a new law was just passed that says if you have a HCP you can transport a loaded long gun in your privately owned vehicle as long as their is not around in the chamber.

I think it goes back to what I said....the bill will allow you to carry your handgun, if you have a HCP, as long as you can legally be in the WMA. If a WMA is closed to any access for some reason, this bill doesn't mean you can go on to the WMA and carry just because you have HCP. To answer your question, even if the WMA is closed except for hunting, if you have a HCP, then I think this law will allow you to carry your handgun as long as you have the permits ect...you need to hunt in that WMA. If you don't have whatever you need to hunt in that WMA you could not carry, because you have no legal right to be there in the first place.

Batman I generally agree with you. The one thing is the bill really just adds an exemption to the current law if you have HCP. That is slightly different than flat out saying you can do something regardless. Sort of like having an HCP exempts you from 39-17-1307 prohibiting people from carrying a loaded handgun, however there are still restrictions to carry. I feel what this bill is trying to do is remove a restriction in which a person with a HCP would have otherwise been able to carry in a WMA if it wasn't for 70-4-117

Ok....I've been looking at the TWRA's website on WMAs Tennessee Wildlife Resources Agency I'm learning a bit more. It seems the few WMAs I have looked at the land may have some other use maybe even another primary use. So this bill will just make a exception to the law that blanketly prohibits handgun carry in WMAs for those that have a HCP. Other laws, such as 39-17-1359 would still seem to apply. Looking at the TWRA Rules and Regulations for Refuges, Wildlife Management Areas, and Public Hunting Areas there doesn't seem to be a general prohibition of possessing a handgun. So it seem the prohibition has been because of 70-4-117 which is being amended by this bill. Also it looks like the TWRA has repealed some and/or repealed various rule and regulations over the years, some due to new laws I'm sure. So I am fairly confident they will make any necessary changes if this bill becomes law.

I admit I not very familiar with all the aspects of WMAs I admit I thought the land was state owned. However no matter who owns the land, you can carry unless posted notice is given not to. As far as being approached by a TWRA officer...or any LEO for that matter, I agree handling your weapon, or if it is already in hand, moving it rapidly or threateningly is a bad idea. But I too think having to drop it to the ground and raising your hands is a bit over the top. Not to say some may not think that is they way it should be, but I think their supervisor should be made aware of it.

TN is definitely not the best in the union, but it is definitely not bad. We have relatively few off-limits places... Bars Judicial Proceedings Schools Local parks can be posted against carry, a violation is a criminal offense. A property owner can post against carry and a violation is a criminal offense. Other than the last two, not so bad really. Open carry does require a permit, but is legal with one. The self-defense laws are pretty good. Are there any specific laws or situations you have questions about?

Patty I agree with you in that you have to otherwise be lawfully allowed on the WMA before you can carry there. If a WMA say is closed after sunset, then you can't be there period after sunset regardless of carry or not. My point has simply been if you are otherwise lawfully allowed to be on the WMA, be it because it is public access or whatever other reason, then this law will allow you to carry your handgun if you have a HCP. Agree?

+1

LOL...I was close.

ONLY if you can otherwise use deadly force for self-defense or defense of a third person. You can NOT use deadly force to protect property alone. This bill was passed to remove a possible conflict in the law where you may use deadly force protecting life and property at the same time.

Welcome

That would work, but to be honest, not sure the state would ever mention "hunting" license and HCP in the same breath....lol Although probably the more difficult route, I still feel changing the general order at LBL would be the simplest way to go. Look forward to hearing your post about Cherokee....I mean if it is a National Forest, managed by the state of TN, then state law should determine carry right?

True.... That is one reason I posted the link to what became law, so one can read the actual wording of what passed.

Turned off Fox News this morning. They have a blurb of an upcoming segement....still calling the new law "Guns in Bars" in TN and were going to talk about the fight what local bar owners were going to do. We get this law passed, the Governor vetoes it in a big spectacle, the legislature overrides the veto and it becomes law. You'd think that be the end of it...but NOOOOOO Metro has to try to find a way around it. There told they can't legally. The legislature passes a bill just to make sure any loophole is closed. Restaurant owner's can choose to post their property or not, unlike being able to choose to allow smoking or not. .....and STILL they can't just let it go......my God how ignorant of the simple facts can some people be?!? I mean no local governments are introducing resolutions to "highly recommend" restaurants post! Memphis thinks it can close of a public street just because restaurants are on that street. I called the legislature, respond to articles in the media, talked a lot on here , just about wore out on this....lol Anyway.....just wanted to rant to a sympathetic audience...lol Carry on

I believe that is the current law, right? HB0961 will change some of that I think. The bill says you can not use the handgun to hunt unless you can do so within in wildlife laws, rules and regulations. However I'm not hunting at the WMA...I'm just there so I don't see how any "rules of the hunt" would apply only the laws of the state. If this becomes law the TWRA can not violate the law...as has been said they are part of the government. Some of their rules and regulations will have to change.

Here is a post I was working on as the above was made... Below are some of the bills we have watched this year. Here is a list of bills that have already been assigned a Public Chapter number. You can browse all passed bills here. HB0046 - Public Chapter 101 - As enacted, prohibits department of safety or any department approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. HB0254 - Public Chapter 102 - As enacted, deletes requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers; clarifies that dealer must request TBI to conduct background check by "means designated by the TBI" instead of "by telephone". HB0070 - Public Chapter 194 - As enacted, revises the prohibition against using deadly force in defense of property to specify that prohibition would not apply if a person is justified in using deadly force as otherwise provided by law for defense of oneself or defense of another person. HB1778 - Public Chapter 288 - As enacted, prohibits confiscations of lawfully possessed firearms and ammunition during periods of martial rule; clarifies firearm and ammunition restriction prohibitions during any state of emergency, major disaster, or natural disaster. HB0962 - Public Chapter 339 - As enacted, allows person with handgun carry permit to carry in restaurants that serve alcoholic beverages as long as such person is not consuming alcoholic beverages; defines restaurant for purposes of this authorization. HB0716 - Public Chapter 428 - As introduced, allows any resident who has a valid handgun carry permit to possess a handgun while within the boundaries of any state park. HB0390 - Public Chapter 431 As introduced, permits handgun carry permit holders to possess or carry a loaded rifle, loaded shotgun, or loaded magazine or clip therefore while in a motor vehicle. HB0925 - Public Chapter 433 - As introduced, prohibits department of safety from requiring applicant provide social security number on application for permit or on certificate of completion of handgun safety course; prohibits course instructor from withholding proof of completion based solely on applicant not providing social security number. Below is a list of bills that have passed the legislature and are still waiting on the Governor's actions. HB0961 - Carry in WMAs HB0898 - LEO carry where alcohol is served for onsite consumption and closing local loophole of restaurant bill. HB1796 - "Tennessee Firearms Freedom Act." (Governor indicated in a letter to Speaker Williams he will allow this to become law without his signature) Bills that did not pass but are still alive and should be taken up when the legislature reconvenes on 1/12/10 HB0770 - As introduced, authorizes person with handgun permit to carry handgun while big game bowhunting during the archery-only deer season. HB1395 - As introduced, prohibits employers from prohibiting persons possessing a handgun carry permit from transporting and storing a firearm out of sight in a locked vehicle on any property set aside for vehicles.

That's about it.... Well it also removes the restriction for LEOs on carry where alcohol is served for oniste consumption.

No...the committee report was passed by both the House and the Senate and will be sent to the Governor.

I don't think it will help US Forest land, only National Parks and National Wildlife Refuges under the control of the Dept of the Interior. Here is the text of it... I can't post a direct link but here are instructions to follow to get to it. Start here THOMAS (Library of Congress) then > Bills, Resolutions (left column) > Search Bill Text > Browse by Bill Number > (Under House Bills) 601-700 > Scroll down to 619 and click H.R.632.ENR > Sec 512 is the part about National Parks and Wildlife Refuges

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