Traveling in Tennessee, through Arkansas

Status
Not open for further replies.

Roadwild17

Member
Joined
Jun 15, 2005
Messages
1,143
Location
Undisclosed
Me and the family are going on vacation in Tenn next week and I have a few questions.

Is it legal to have a handgun in a car in Arkansas and Tennessee? I do not have a CCW.

Is there any law that forbids me from bringing a handgun into a cabin that we have rented (for bump in the night situations)?
 
According to handgunlaw.us, it is NOT legal in Arkansas or Tennessee without a CCW permit. I am not a lawyer or LE but from what I've always understood and have just research it is NOT legal. Hope that helps.
 
Not legal advice, of course.
Here in Tennessee
A) You can have an unloaded gun in the trunk with the ammunition kept separate, and outside the magazines.
B) Unless the owner of the cabin prohibits it, and it is not a community cabin, you can keep the firearm loaded in the cabin.
 
As far as Arkansas goes, as long as you have the ammunition separate and unreachable from the firearm, it is perfectly legal, "as long as you can prove that you are on a journey". A journey can constitute a trip to the local range, or just passing through on vacation. However, it is not legal if you are just driving back and forth to work or down to the local grocery store.
 
"Here in Tennessee
A) You can have an unloaded gun in the trunk with the ammunition kept separate, and outside the magazines."

"As far as Arkansas goes, as long as you have the ammunition separate and unreachable from the firearm, it is perfectly legal,"

This can't be right for 2 good southern states??? I thought Tenn was very similar to FLA, where one can carry a loaded pistol in glove box and in a snapped holster?
 
This can't be right for 2 good southern states???

Due to both slavery, Reconstruction and Jim Crow, southern states had the first "Saturday Night Special" bans, pistol bans, pistol purchase and possession permits, bans on carry, etc. Don B. Kates and Gary Kleck have written extensively about this. At one time, Tennessee had CLEO sign-off for permission to purchase with up to a fifteen day waiting period. I bought two handguns under the permit system: you had to take the paperwork from the dealer to the police station for the chief's signature or to the county sheriff's office for the sheriff's signature. Tennessee dropt the state permit when the federal Brady Act was passed. The idea that southern states had lax gun laws is a Yankee fantasy entertained by people who think "Deliverance" was a documentary.

For info on traveling with firearms in Tennessee the best bet is to check with Tennessee Firearms Association at http://www.tfaonline.org/ aka http://www.tennesseefirearms.com/

To the best of my layman's opinion (remembering, legal advice on the Internet is worth every penny you pay for it). :

Tennessee has a "going armed" statute that forbids the public carry of weapons open or concealed for offense or defense. The exception is the Tennessee Handgun Carry Permit that allows open or concealed carry of a handgun for purposes of defense. If one has a THCP concealed carry is preferred.

Carry of a loaded weapon in public would require a either a THCP or a out-of-state permit or license currently recognized by Tennessee under reciprocacy (sp?).

Otherwise, the firearm is required by state law to be unloaded, cased, locked in the trunk with ammo in a container seperate from the case during transport (seperate "container" for ammo may be the box it came in). Without a recognised carry permit, loaded gun in a car (console, glove box, etc) is a no-no.

Under the federal Firearms Owners Protection Act of 1986, a traveler can transport a cased, unloaded firearm locked up (trunk of car, etc.) as long as it is legal for them to possess a firearm in their state of origin and state of destination, including passing through Tennessee or any other state. (Massachusetts, last I heard, responded to the FOPA by declaring it does not want gun owners to stop in their state: if you're going to Maine to hunt, plan on driving through MA without stopping.)

Tennessee recognises an absolute right to have gun in one's abode or place of business for defense. Rights of out-of-state travelers in rented lodges is iffier. The attorney general opinions and court supreme court rulings are supportive of the right to own guns for all lawful uses from defense of home to protecting livestock from predators.

Practically speaking, local enforcement of the "going armed" statute depends a lot on whether there is criminal intent or if the weapon is possessed or used in furtherance of a criminal enterprise. Memphis and Nashville have a typical "big city" attitude though, and their newspapers allow searches for names of carry permit holders on their websites as a "public service" because people need to be warned about us eee-vile carry permit holders.
 
And Virginia is a southern state, too (or three.)

In Virginia, carry in the car trunk is "concealed carry" and illegal. Good citizens carry openly in the passenger compartment of the car and even loaded for defense. This is the exact opposite of the law in Tennessee and Arkansas.

In Tennessee, good people carry locked in trunk, bad people carry in passenger compartment.
In Virginia, good people carry openly in passenger compartment, bad people carry concealed in trunk.


Years ago I traveled from Tennessee to Virginia for target matches and asked one of my fellow competitors (a Virginia state trooper) if I should stop at the state line and transfer my guns from trunk to passenger compartment and vice-versa on the return trip.
 
Arkansas Loaded When On Journey

In Arkansas (I am from there) you may carry any weapon when on a journey with intent to employ as a weapon against a person. It does not matter if the handgun is loaded or not. You do not need a license when 'on a journey'. You may carry openly or concealed, but it would be wise to carry concealed and keep your mouth shut if stopped on the road. The state police are very well aware that travelers can carry loaded handguns without licenses. This law has been on the books since the late 1800's. Since you are passing through, you will be on a journey, and may carry your handgun. Long guns may be carried whether or not on a journey. They are not weapons in Arkansas and may be carried loaded or unloaded cased or uncased however you please in Arkansas in your car or walking down the street over your shoulder. A hotel room would be considered a 'residence', thus you may have a weapon in the room for self defense. You can pretty much anywhere when 'on a journey' when carry a handgun in Arkansas.

I live in Tennessee now, and yes, you must have a permit practically speaking to carry it on your person or in your car loaded. If no permit, it must be unloaded in the car. You may have it loaded in your hotel room, because your hotel is like your house.

I'll post the relevant Arkansas law to make you feel better from the NRA:

It is unlawful for a person to possess a handgun on or about his person, in a vehicle occupied by him, or otherwise readily available for use with a purpose to employ it as a weapon against a person. It is also unlawful to possess a firearm upon the property of public or private schools, public or private college or upon a school bus.
It is a defense that at the time of the act:
• The person is in his own dwelling or place of business or on property in which he has a possessor or proprietary
• The person is a law enforcement officer, prison guard, or member of the armed forces, acting in the course and scope of official duties.
• The person is, by request, assisting a law enforcement officer, prison guard, or member of the armed forces acting in the course and scope of his official duties.
The person is carrying a handgun when upon a journey, unless he is under 18.• The person is a licensed security guard acting in the course and scope of his duties.
• The person is taking a hunter safety course, hunting or going to and from such activities.
• The person is taking part in a school approved educational or sporting activity.
• The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of his parent or legal guardian or is traveling to or from this activity with an unloaded handgun or firearm accompanied by his parent or legal guardian
 
Yep, razorback is right. We in Arkansas have a Journey law. As long as you are on a "Journey" you can have a loaded concealed gun in your car.

You are going to need a permit to carry loaded in Tennesee. Before you get to the state line, stop, unload the gun, and put it in the trunk, in a locked case if possible.

You should think about getting your carry permit.
 
AR Carry

You may carry a handgun on your person OR in your vehicle when 'on a journey' in Arkansas without a license. The law makes no difference, as you can read in my previous post. Let's say you stop at a grocery store/gas station in a shady area....you can legally carry your handgun because you are 'on a journey'. I used to carry mine IN THE rest stops before I got my license many many times in Arkansas and was completely legal. I sure wouldn't leave it in my car because it does you no good. Stop at say mcdonald's or wendy's for a quick bite on the highway...again legal to carry without a license...been there done that...as long as you are on a journey...the law makes no difference....carrying on your person OR in your vehicle in Arkansas are both illegal UNLESS 1) On a journey (which you are) 2)Going to and from hunting or while hunting 3)with a license.

Hope that info helps! And yes do unload when you are in West Memphis to be legal in Tennessee before crossing the Mississippi River.
 
You may carry a handgun on your person OR in your vehicle when 'on a journey' in Arkansas without a license. The law makes no difference, as you can read in my previous post. Let's say you stop at a grocery store/gas station in a shady area....you can legally carry your handgun because you are 'on a journey'. I used to carry mine IN THE rest stops before I got my license many many times in Arkansas and was completely legal. I sure wouldn't leave it in my car because it does you no good. Stop at say mcdonald's or wendy's for a quick bite on the highway...again legal to carry without a license...been there done that...as long as you are on a journey...the law makes no difference....carrying on your person OR in your vehicle in Arkansas are both illegal UNLESS 1) On a journey (which you are) 2)Going to and from hunting or while hunting 3)with a license.

Hope that info helps! And yes do unload when you are in West Memphis to be legal in Tennessee before crossing the Mississippi River.

Hmm, first I have heard of the law allowing you to carry on your person. May well be true, but I'll have to do some more digging. The Journey law was written in 1947 in response to people traveling by automobile.

The safe bet would be to get a permit and carry loaded all the way :)
 
Status
Not open for further replies.
Back
Top