Vehicle carry in Tennessee

[COYOTE102076]

Does anyone know if it is legal to carry a handun in the center onsole (under the closed lid) in Tn.? Both loaded and unloaded. My psat practice has been to carry the pistol unloded under the seat with a loded clip in the glove box. I'm not shure if that was legal or not. I also keep a rifle in the back hatch coverd up with a blanket and the loaded clip for it in that same center console.

 

[chipperi]

Perfectly legal here in TN wait a few and Ill post a full list of where you can and cant carry.

 

[kurtmax]

Huh? I was under the impression that it was completely illegal to carry a pistol in a vehicle in TN without a permit. (Unloaded in trunk of course is legal...)

 

[chris in va]

Get your permit and you won't have to worry about it.

 

[chipperi]

Here ya go kinda long and the 1st one is subject to change as there is currently a bill to loosen the restriction.

39-17-1305. Possession of firearm where alcoholic beverages are served. —





(a) It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for on premises consumption.




(b) A violation of this section is a Class A misdemeanor.




(c) The provisions of subsection (a) shall not apply to a person who is:




(1) In the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of duties as a correctional officer employed by a penal institution; or




(2) On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property.


[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 4; 2001, ch. 345, § 1.]


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39-17-1306. Carrying weapons during judicial proceedings. —





(a) No person shall intentionally, knowingly, or recklessly carry on or about the person while inside any room in which judicial proceedings are in progress any weapon prohibited by § 39-17-1302(a), for the purpose of going armed; provided, that if the weapon carried is a firearm, the person is in violation of this section regardless of whether the weapon is carried for the purpose of going armed.




(b) Any person violating subsection (a) commits a Class E felony.




(c) The provisions of subsection (a) shall not apply to any person who:




(1) Is in the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal or other court officer who has responsibility for protecting persons or property or providing security; or




(2) Has been directed by a court to bring the firearm for purposes of providing evidence.


[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 5; 2000, ch. 988, § 2.]


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39-17-1309. Carrying weapons on school property. —





(a) As used in this section, “weapon of like kind” includes razors and razor blades, except those used solely for personal shaving, and any sharp pointed or edged instrument, except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance.




(b) (1) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution.




(2) A violation of this subsection (b) is a Class E felony.




(c) (1) It is an offense for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. It is not an offense under this subsection (c) for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property.




(2) A violation of this subsection (c) is a Class B misdemeanor.




(d) (1) Each chief administrator of a public or private school shall display in prominent locations about the school a sign, at least six inches (6²) high and fourteen inches (14²) wide, stating:




FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY.




(2) As used in this subsection (d), “prominent locations about a school” includes, but is not limited to, sports arenas, gymnasiums, stadiums and cafeterias.




(e) The provisions of subsections (b) and (c) do not apply to the following persons:




(1) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons;




(2) Civil officers of the United States in the discharge of their official duties;




(3) Officers and soldiers of the militia and the national guard when called into actual service;




(4) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the discharge of their official duties;




(5) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;




(6) Any private police employed by the administration or board of trustees of any public or private institution of higher education in the discharge of their duties; and




(7) Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties.


[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 8; 1991, ch. 510, §§ 1-3; 1996, ch. 1009, § 24.]


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39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. —





(a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.




(b) (1) The provisions of subsection (a) shall not apply to the following persons:




(A) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons;




(B) Civil officers of the United States in the discharge of their official duties;




(C) Officers and soldiers of the militia and the national guard when called into actual service;




(D) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, in the discharge of their official duties;




(E) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;




(F) Any private police employed by the municipality, county, state or instrumentality thereof in the discharge of their duties; and




(G) Also, only to the extent a person strictly conforms the person's behavior to the requirements of one (1) of the following classifications:




(i) A person hunting during the lawful hunting season on lands owned by any municipality, county, state or instrumentality thereof and designated as open to hunting by law or by the appropriate official;




(ii) A person possessing unloaded hunting weapons while transversing the grounds of any public recreational building or property for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the public recreational building or property is posted prohibiting entry;




(iii) A person possessing guns or knives when conducting or attending “gun and knife shows” when the program has been approved by the administrator of the recreational building or property;




(iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner;




(v) A person who possesses or carries a firearm for the purpose of sport or target shooting and sport or target shooting is permitted in the park or recreational area; or




(H) A registered security guard/officer, who meets the requirements of title 62, chapter 35, while in the performance of the officer's duties;




(2) At any time the person's behavior no longer strictly conforms to one (1) of the classifications in subdivision (b)(1), the person shall be subject to the provisions of subsection (a).




(c) (1) Each chief administrator of public recreational property shall display in prominent locations about the public recreational property a sign, at least six inches (6²) high and fourteen inches (14²) wide, stating:




MISDEMEANOR. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF ELEVEN (11) MONTHS AND TWENTY-NINE (29) DAYS AND A FINE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) FOR CARRYING WEAPONS ON OR IN PUBLIC RECREATIONAL PROPERTY.




(2) As used in this subsection (c), “prominent locations about public recreational property” includes, but is not limited to, all entrances to the property, any building or structure located on the property, such as restrooms, picnic areas, sports facilities, welcome centers, gift shops, playgrounds, swimming pools, restaurants and parking lots.




(3) The legislative body of any municipality or committee appointed by the body to regulate public recreational property may exempt public recreational property located within its jurisdiction from the requirements of subdivision (c)(1).




(d) A violation of this section is a Class A misdemeanor.


[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 9; 1993, ch. 480, §§ 1-3; 1996, ch. 1009, § 23.]

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39-17-1359. Prohibition at certain meetings — Posting notice. —





(a) An individual, corporation, business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person otherwise authorized by §§ 39-17-1351 — 39-17-1360, at meetings conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity or government entity. Notice of the prohibition shall be posted. Posted notices shall be displayed in prominent locations, including all entrances primarily used by persons entering the building, portion of the building or buildings where weapon possession is prohibited. If the possession of weapons is also prohibited on the premises of the property as well as within the confines of a building located on the property, the notice shall be posted at all entrances to the premises that are primarily used by persons entering the property. The notice shall be in English but a notice may also be posted in any language used by patrons, customers or persons who frequent the place where weapon possession is prohibited. In addition to the sign, notice may also include the international circle and slash symbolizing the prohibition of the item within the circle. The sign shall be of a size that is plainly visible to the average person entering the building, premises or property and shall contain language substantially similar to the following:




PURSUANT TO § 39-17-1359, THE OWNER/OPERATOR OF THIS PROPERTY HAS BANNED WEAPONS ON THIS PROPERTY, OR WITHIN THIS BUILDING OR THIS PORTION OF THIS BUILDING. FAILURE TO COMPLY WITH THIS PROHIBITION IS PUNISHABLE AS A CRIMINAL ACT UNDER STATE LAW AND MAY SUBJECT THE VIOLATOR TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500).




(b) Nothing in this section shall be construed to alter, reduce or eliminate any civil or criminal liability that a property owner or manager may have for injuries arising on their property.




(c) Any posted notice being used by a local, state or federal governmental entity on July 1, 2000, that is in substantial compliance with the provisions of subsection (a) of this section may continue to be used by the governmental entity.




(d) The provisions of this section shall not apply to title 70 regarding wildlife laws, rules and regulations.


[Acts 1996, ch. 905, § 11; 2000, ch. 929, § 1.]

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[chipperi]

Sorry my bad I didn't see they dont have a hcp.

Huh? I was under the impression that it was completely illegal to carry a pistol in a vehicle in TN without a permit.

I am almost sure you are right, but I have been digging through the laws and AG opinions and can find no mention to firearms in vehicles in TN law

 

[dralarms]

The problem you have is the rifle, You have to be very careful in Tn with a rifle in you car. Make sure the ammo is in the center console and not in the mag that goes in the rifle. Now as far as the hand gun, if it and the ammo are in the passenger compartment it is a "loaded weapon" and you can be arrested for "intent to go armed" (now ain't that a bunch of crap? if you have a gun in the car you are intending to go armed, but that's the way to law is worded). Get you HCP and don't worry about the gun, but leave the rifle home unless you are headed to the range. TN has some screwy laws.:banghead::banghead::banghead::banghead::banghead:

 

[chipperi]

Thanks dralarms I was being too specific in my search, searching for firearms in vehicles. Search intent to go armed and I got what you see below. So without a HCP keep in unloaded and seperate from the ammo.

39-17-1307. Unlawful carrying or possession of a weapon. — [Amended effective January 1, 2008. See the Compiler's Notes.]





(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 (4²), 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 possesses a handgun 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) is a Class E felony.


[Amended effective January 1, 2008. See the Compiler's Notes.]



(c) (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 violation of this subsection (c) is a Class E felony.


[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 6; 2007, ch. 412, § 1; 2007, ch. 594, § 3.]


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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;




(6) By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties;




(7) By a state, county or municipal judge or any federal judge or any federal or county magistrate;




(8) By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;




(9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws; or




(10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and the provisions of this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state.




(b) The defenses described in this section are not available to persons described in § 39-17-1307(b)(1).


[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 7; 1993, ch. 200, § 1; 1996, ch. 1009, §§ 20, 21; 1997, ch. 476, § 3; 1999, ch. 295, § 1; 2003, ch. 144, § 2.]