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transporting rifle and mags in TN

Discussion in 'Legal' started by taliv, Jan 6, 2006.

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  1. taliv

    taliv Moderator

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    i searched the archives and found posts about ca, mn, fl, tx, and a bunch more, but none for TN.

    simply put, i want to load mags at home because grease gun mags are a PITA to load, and then shoot them at the range. i was told by a local gunshop owner that in TN it's illegal to even have them in the vehicle, even if they're locked separately from the rifle.

    packing.org only mentions handguns and says they must be separate from the firearm. it also links to federal law which says it has to be separate from the passenger compartment or locked in something other than the glove compartment or console.

    also, in the similar thread on cali law, the definition of "loaded" included "chamber, magazine, clips" which to me means (if i were driving in cali) that i couldn't even have my 5.56 ammo in stripper clips while carrying an AR15. i'm hoping there's no such insane verbage in the TN code.

    does anyone know the actual law in TN for carrying rifles with mags/clips?

    any insight would be much appreciated
     
  2. SomeKid

    SomeKid Member

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    That is a fun one.

    Far as I know, so long as the rifle is not loaded, you are ok.

    Better souce however, would be to check with the TFA (Tennessee Firearms Association).

    The Executive Director is a lawyer.

    http://www.tfaonline.org/memberforum/index.php
     
  3. whm1974

    whm1974 Member

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    Funny thing about this is that milsup ammo does or has come shipped in stripper clips. I remember as a teen my stepfather buying 1000 rnds of 8x57mm and in all come in stripper clips.

    -Bill
     
  4. wdlsguy

    wdlsguy Member

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    Tennessee Code : 39-17-1301. Part definitions

    As used in this part, unless the context otherwise requires:
    ...
    (15) "Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.

    Tennessee Code : 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, a knife with a blade length exceeding four inches (4"), or a club.
    ...

    Tennessee Code : 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;

    (2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;

    (3) At the person's:
    (A) Place of residence;
    (B) Place of business; or
    (C) Premises;

    (4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;

    (5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;
    ...
     
  5. taliv

    taliv Moderator

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    clear as mud, eh?


    if you read that literally, doesn't it say that having a clip or magazine (even one w/o ammo in it) meets the definition of loaded? parsing sentences like this might explain why lawyers have to go to school for 3 yrs


    if the meaning of "immediate vicinity" includes anywhere in car, it would be impossible to transport a firearm and ammo to a range in one trip, no? if the meaning of "immediate vicinity" means a small area inside the car, then it seems having loaded clips/mags in a different section of the car would be ok, right?
     
  6. SomeKid

    SomeKid Member

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    (4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;

    If there is a problem, there is your defense. You are getting ready to go hunting (or just sighting your gun in preparation) or you are out sport shooting, which to me includes range time. Remember, this is TN. When I go to the range, I load some mags, stick them in the gun case mag pouches, and go.
     
  7. hso

    hso Moderator Staff Member

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    I'm not an attorney, but in the CCW course I took the guest LEO told us that someone without a CCW would be ok if they transported the gun and the ammunion/mags in seperate compartments of the vehicle. If the weapon is in the trunk without ammo or mags in the trunk and the loaded mags are in the passenger compartment they are not in the vicinity of each other. You would have to exit the vehicle with the loaded magazine then open the trunk to load the weapon.
     
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