Legalities of a truck gun in Tennessee


PDA






Kentucky
April 9, 2008, 12:50 PM
I dont currently have a CCW license and am not likely to get one in the near future. I am contemplating the legalities of the famous "truck gun" here in Tennessee. My understanding is that a rifle can be kept in the truck as long as it is unloaded, can anyone confirm this?

My current plan is a Sub2K in 9MM with a Glock mag loaded and ready to insert.

Thanks in advance for any responses.

If you enjoyed reading about "Legalities of a truck gun in Tennessee" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
disneyd
April 9, 2008, 01:43 PM
Well, I'm not a lawyer, but assuming you aren't a felon or fall under any other such restrictions:

39-17-1308. Defenses to unlawful possession or carrying of a weapon.

(a) It is a defense to the application of 39-17-1307 if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;

You can read the rest of the TN state code here:

http://www.michie.com/tennessee/lpext.dll/tncode/e501/ed40/eff5?fn=document-frame.htm&f=templates&2.0#

"Immediate vicinity" sounds pretty vague to me. In other things I've read regarding small spaces (like truck cabs) it means as far apart as possible.

It it's a regular cab pickup truck you're talking about I'd put the firearm in a case behind the seat and put the ammo as far away as possible (glovebox, etc.). If you have the items situated where you can easily grab a magazine and quickly load the weapon, you will probably be charged with something. I think the intent of the law is that you not have quick access to a usable firearm in a vehicle.

Any particular reason you're against getting a carry permit?

NeoSpud
April 9, 2008, 03:13 PM
Any particular reason you're against getting a carry permit?
The ~200 bucks to take a class, pay the state, etc plus the 8 week waiting (on average) isn't exactly encouraging. It took me a while longer than I wanted to be able to afford it, in both $ cost and the time it took to get everything squared away. I'm not surprised that more people don't want to deal with the hassle.

TS537
April 9, 2008, 04:41 PM
I'd have thought carrying a gun in one's truck would be mandatory in Tennessee. :evil:

Here in MN, one of the many reasons to get a carry permit is to be able to have a loaded firearm inside one's vehicle, in the passenger compartment, i.e. the proverbial shotgun rack. This is mainly the practice up North, though, given that it would be a likelihood if not a certainty in many neighborhoods in the Twin Cities that leaving your guns on racks in your truck would result in a) your guns being stolen by gang members or b) causing mass hysteria amongst the so-called "progressive" element.

Kentucky
April 10, 2008, 08:07 AM
Any particular reason you're against getting a carry permit?

Yeah, I am one of those weirdo's that just gets offended that I must have a piece of paper from the government to defend myself and my family. Kind of a moral dilemma really....

partyharty
April 11, 2008, 07:55 PM
"shall not be infringed"

yet you have to get a permit (and thus go through a lot of gov't red tape) in order to be able to do it.

Since there is a permit it stands to reason that there will be people who are rejected (and thus unable to carry),
It would seem that they are being infringed against.

dmazur
April 13, 2008, 12:37 AM
Tennessee is a "shall issue" state, so there is really no reason you cannot get a CCW permit.

According to a reference I found, Tennessee treats long guns in a vehicle the same, regardless of whether or not you have a CCW permit. That is, they have to be unloaded and the ammo in a separate place.

So, if you are concerned about self-defense, get a pistol and get a CCW permit. (And practice...)

Even though, in an ideal world, the government wouldn't infringe at all, IMO it is a good thing to follow the laws and be a good example.

It's hard to promote increasing CCW freedom if you aren't following existing laws...

If you enjoyed reading about "Legalities of a truck gun in Tennessee" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!