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Kevinhil

Castle doctrine, yes or no?

I am an over the road truck driver and don't get home very often. Because of this I recently had my wife go and get her carry permit because at 50 and having muscular dystrophy she is a very easy pray for the bad guys, so first off congratulations to her.

 

That said the owner of the gun store claimed I can legally carry a loaded gun in my personal vehicle without a permit. As it is an extension of the castle doctrine. I am unable to find current law online and what I have found is somewhat confusing or very out of date.

So next logical step in my personal opinion was to call my local police department and ask them about, well according to Morristown city police department the answer was short and sweet.

 

Not unless I want to go to jail or possibly be shot by an officer in a traffic stop. 

 

Now the person I spoke with was nice and polite, and in no way being an ass. I am simply shorting a 5 minute conversation into one sentence.

 

I have tried 5 times to get my ccw permit but my company can never seen to get me home in time for it. Not always their fault but it's definitely been an pain in the rear and a huge aggravation.

The actual code would be great, thank you all in advance.

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I don't know the code, but yes you can in fact carry a loaded handgun in your vehicle legally now. Law recently changed and most cops don't know established law much less recently changed ones.

If a cop shoots you just from sight of a gun, there's a whole lot wrong going on there.

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The law is TCA 39-17-1307 (e)

39-17-1307.  Unlawful carrying or possession of a weapon. 

  (a)  (1) A person commits an offense who carries, with the intent to go armed, a firearm or a club.

   (2)  (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).

      (B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.

      (C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.

(b)  (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and:

      (A) Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or

      (B) Has been convicted of a felony drug offense.

   (2) An offense under subdivision (b)(1)(A) is a Class C felony.

   (3) An offense under subdivision (b)(1)(B) is a Class D felony.

(c)  (1) A person commits an offense who possesses a handgun and has been convicted of a felony.

   (2) An offense under subdivision (c)(1) is a Class E felony.

(d)  (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324.

   (2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324.

   (3)  (A) Except as provided in subdivision (d)(3)(B), a violation of this subsection (d) is a Class E felony.

      (B) A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife.

(e)  (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm or firearm ammunition in a motor vehicle if the person:

      (A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and

      (B) Is in lawful possession of the motor vehicle.

   (2) As used in this subsection (e):

      (A) "Motor vehicle" has the same meaning as defined in § 55-1-103;

      (B) "Motor vehicle" does not include any motor vehicle that is:

         (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms or ammunition not required for employment within such a motor vehicle; and

         (ii) Provided by such entity to an employee for use during the course of employment.


(f)  (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and:

      (A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction;

      (B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or

      (C) Is prohibited from possessing a firearm under any other state or federal law.

   (2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives.

   (3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act, compiled in 26 U.S.C. § 5801 et seq., if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.

   (4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.

   (5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h), the respondent may be charged and convicted under any or all such sections.

HISTORY: Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 6; 2007, ch. 412, § 1; 2007, ch. 594, § 3; 2008, ch. 1166, § 1; 2008, ch. 1176, § 1; 2009, ch. 431, § 1; 2009, ch. 455, § 6; 2010, ch. 793, § 1; 2012, ch. 726, § 1; 2014, ch. 647, §§ 4, 5; 2014, ch. 870, § 1.
 
 
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Keep in mind that all the above only applies to TN. If you travel to other states, you have to obey the laws wherever you are. 

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@DaveTN hit the nail right on the head inside the state of TN, it's lawful to carry a loaded firearm in a personal vehicle by pretty much anybody legally allowed to own the firearm.  There are some places that you can still run into problems without a permit, schools, colleges, universities.  Company owned vehicles are also somewhat problematic as well.

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Thank you for the replies, and no I don't plan on driving into other states with my guns.

 

Because of my occupation I tend to have really weird hours, it is not uncommon for me to go grocery shopping, or go do laundry at 2-4am. Because of that I would like to be armed. 99% of the time I would remain to unarmed because I don't want the hassle of it. But I don't want to be a sitting duck either.

I just wanted to be sure I am not breaking any laws by having with me on those rare occasions.

Again thank you for the replies.

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The law posted by one responder is "The Law" is the thing to go by FOR SURE and it varies in some states.

I just add this info about my experience in TN.  PS: Searched for my son in GA and the Law as I read it is the same as TN. IL is another story (have to have it in a container and ammo separate place, etc.)  

A couple years ago when I bought my first pistol, I asked Sevier Police at the Police Station. AT THAT TIME I DID NOT HAVE A CC Permit and wanted to take the pistol to the range.  

I was told -- you can carry in your vehicle (car or on a MC). Can be Loaded - Unloaded - Visible or Hidden.

However, for the MC (pistols and sometimes a rifle in a scabbard).  I was told - basically same as for a Car (Officer did say best to keep pistol in a saddle bag or someplace and not on your belt in a holster. Rifle would be OK in a scabbard).  

ALSO, you are not allowed to take it out of the Vehicle (Car or MC) to go into a store, etc. Law apples to in or on the vehicle only.  

I Now have a CC Permit -- so, that is a new ball game. 

 

 

 

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I don't know the code, but yes you can in fact carry a loaded handgun in your vehicle legally now. Law recently changed and most cops don't know established law much less recently changed ones.

If a cop shoots you just from sight of a gun, there's a whole lot wrong going on there.

 

The law became effective in 2014 if I'm not mistaken.

The gentleman that was told that veiled threat by the Morristown officer, should report him to the state's D.A. for "further education" in the laws he's supposed to be enforcing. It's said that ignorance of the law is no defense...that should be tripled for law enforcement! Three years on the books should be quite enough time for L.E. to get accustomed to it.

 

Sent from my SM-T377P using Tapatalk

 

 

 

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