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vehical carry


Guest pordymkr

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im a bit unclear of the laws on carrying in your vehicle.  I recently got my permit.  can anyone give me some insight?

 

Anyone not prohibited from owning firearms may possess loaded firearms in their personal vehicle.

 

Does not however, override school property or posting prohibitions as does doing same with a permit.

 

- OS

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In TN you car is now treated like your home. You can cary what ever you can legally own how ever you want as long as you are not imposing on another's rights ( read that. Don't point it at other cars just for fun). When/ if you get stopped you don't need to tell the officer you are armed but it is best to do so. Also it is nice to show him/her your permit but again that is yout choice you are not required to unless directly asked. Besides that unless you have a permit (which you do) leave the gun in the car when you exit. And also leave it when in places it is not allowed (school grounds/government buildings so on). Beyond that keep it handy and be safe.
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just for clarification, if a private company states they prohibit firearms on the property and they define property as the parking lot, etc. . .does this law override that?   I realize that the gun would not be allowed inside the building.

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just for clarification, if a private company states they prohibit firearms on the property and they define property as the parking lot, etc. . .does this law override that?   I realize that the gun would not be allowed inside the building.

 

With a permit, yes, 39-17-1313 does.  Doesn't prevent them from firing you for it, though (or being expelled from a school),  just exonerates you from prosecution for violation of posting law, or possession on school or park properties.

 

- OS

Edited by Oh Shoot
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With a permit, yes, 39-17-1313 does.  Doesn't prevent them from firing you for it, though (or being expelled from a school),  just exonerates you from prosecution for violation of posting law, or possession on school or park properties.

 

- OS

and I assume that they can search my vehicle any time they desire?  OR do they need some type of cause?

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and I assume that they can search my vehicle any time they desire?  OR do they need some type of cause?

 

My understanding (IANAL) is that, unless you are dealing with LEO with a warrant or probable cause, no one has any right to search your vehicle regardless of what their 'employee manual' may say.  You can simply refuse to allow them to do so.  Of course, they have the option of terminating your employment if you do so but cannot force you to allow them to search your vehicle.  This is generally speaking, of course, and may be different if you work for a government agency or government contract agency, such as in Oak Ridge, etc.

Edited by JAB
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Guest Dusty83

nothing personal but could someon link me directly to the tn.gov where its said i do not need a permit to carry in my car. nothing against anyone, i just need to see it with my own eyes and read it as it is. 

 

also this is my first post so hello everyone my name is dusty, and thanks in advance.

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nothing personal but could someon link me directly to the tn.gov where its said i do not need a permit to carry in my car. nothing against anyone, i just need to see it with my own eyes and read it as it is. 

 

also this is my first post so hello everyone my name is dusty, and thanks in advance.

 

I'll take a stab at it.  It is not a link to tn.gov, but it is a link to LexisNexis:  http://www.lexisnexis.com/hottopics/tncode/  Search for 39-17-1307 and go to subsection (e), which states:  

 

 

 

 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.

 with subsection (a) being the part that says it is an offense to carry a weapon with the intent to go armed, except when .... and then lists a bunch of exceptions, of which this is one.  But I don't think there is a specific law that says carrying a loaded gun in your car is allowed, because laws make things illegal rather than make things legal.

 

I'm not a lawyer, but that is how I understand it from being on this site.  If I'm wrong, I know there are many more knowledgeable who can correct me.

Edited by dawgdoc
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Guest Dusty83

thanks, heard 2 different stories and just wanted to find out which was true. 1 person said its ok but the gun has to be in view and not concealed and can be loaded but not chambered. the other said its ok to have it concealed and fully loaded with 1 in the chamber. so i was hoping to find some text saying what is ok and what isnt.

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thanks, heard 2 different stories and just wanted to find out which was true. 1 person said its ok but the gun has to be in view and not concealed and can be loaded but not chambered. the other said its ok to have it concealed and fully loaded with 1 in the chamber. so i was hoping to find some text saying what is ok and what isnt.

 

DawgDoc's paste is exactly right.

 

"Firearm" means just that, any firearm. No conditions about loaded/unloaded/concealed/in sight/one in chamber, whatever.

 

The "without one in the chamber" was in regard to previous part of the statute regarding long gun carry in vehicles by permit holders only, and was zapped when this change was made during last term's legislature.

 

Note that this is an exception to any charges for 1307 only however. It is not an authorization to possess in any public or private parking area, as is 1313 (which still requires a permit).

 

- OS

Edited by Oh Shoot
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This is my first post, so HI everyone. I am 19 years old, I was told that i could legally purchase a handgun from another person. is that true? Also, I read (39-17-1319) the minimum age for possessing and transporting a handgun is 18 Y/O. With that being said am i allowed to carry a handgun in my vehicle, as long as i do not have the clip in the gun?  

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This is my first post, so HI everyone. I am 19 years old, I was told that i could legally purchase a handgun from another person. is that true?

 

Yes. 18 or older, legal under both federal and TN law for both seller and buyer as long as both of you are TN residents and it occurs inside TN.
 

 

Also, I read (39-17-1319) the minimum age for possessing and transporting a handgun is 18 Y/O. With that being said am i allowed to carry a handgun in my vehicle, as long as i do not have the clip in the gun?

 

As of last summer, you may now carry one loaded, handgun or long gun, hidden or in the open.

 

Any adult who is not prohibited from owning guns may have firearms in whatever condition in their private vehicle in this state. However, note that does not override the possession in vehicle on school property or posted lots -- that still takes a carry permit for the exception.

 

Welcome to TGO!

 

- OS

Edited by Oh Shoot
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