Results 1 to 8 of 8

Thread: TN visit

  1. #1
    Regular Member
    Join Date
    May 2012
    Location
    Alabama
    Posts
    3

    TN visit

    My mother and other family members live in TN while I still live in AL. I frequent TN 6-8 times a year to help mom and grandpa with the land they recently bought, as they have a few acres thats needs cleaning/clearing. when I go I normally/typically carry atleast one of my handguns and wear it openly ON THEIR PROPERTY. Is there any law I am breaking (I honestly can't imagine) openly carrying my sidearm on their private property with their permission in the state of TN while I am a AL resident with AL and UTAH permits.
    I'll be visiting mom and grandpa here REAL soon.

  2. #2
    Regular Member
    Join Date
    Aug 2010
    Location
    Mississippi/Tennessee
    Posts
    102
    If you've got an AL permit you should be good to carry open or concealed anywhere a TN permit holder can carry.

  3. #3
    Regular Member
    Join Date
    Aug 2010
    Location
    Knoxville
    Posts
    169
    Assuming you don't have permit, so : while there's no exact exception listed in TN Code for carrying with permission on another's private property, as long as the property is legal to shoot on, this exemption should cover you:

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

    You can always be just before or just after plinking, eh? (as long as you're not inside a city limits with a no firearm discharge code).

    But yeah, a Bama carry permit allows you carry concealed or openly here. Also allows you to have loaded long gun in vehicle (sans one in chamber).

    - OS
    Last edited by Oh Shoot; 05-20-2012 at 11:50 PM.

  4. #4
    Regular Member
    Join Date
    May 2012
    Location
    Alabama
    Posts
    3
    The property is definately in the county but there is a rule in the community saying something about shooting is prohibited, or something to the effect of. I carry there because I normally carry anyway, but there are also stray dogs, snakes in grandpas wood piles, and they have had a couple incidences where wild animals came very close to the house and bothered the pets. I mean we are in the woods for god sakes.

    I'm a little suprised you say I can carry openly (with my valid AL conceal carry permit) in your state of TN.

  5. #5
    Regular Member
    Join Date
    Jun 2011
    Location
    Johnson City, TN
    Posts
    210
    Quote Originally Posted by Sixgun Lefty View Post
    The property is definately in the county but there is a rule in the community saying something about shooting is prohibited, or something to the effect of. I carry there because I normally carry anyway, but there are also stray dogs, snakes in grandpas wood piles, and they have had a couple incidences where wild animals came very close to the house and bothered the pets. I mean we are in the woods for god sakes.

    I'm a little suprised you say I can carry openly (with my valid AL conceal carry permit) in your state of TN.
    Our main carry statute does not distinguish between, or even define, open or concealed carry. It is illegal, subject to "affirmative defenses" (not exemptions), to carry a firearm "...with the intent to go armed." However, we do recognize all out-of-state permits; and having a permit is one of those "defenses." This means that your permit gives you a "defense" to the charge of carrying "...with the intent to go armed." Hence, since neither open or concealed carry are defined or even mentioned in the main statute, both are legal if you have a proper "defense," such as the permit.

    In case you're wondering why I made a big deal out of the "defenses" versus "exemptions," the difference is where the burden of proof lies. For example, in some other states, having a loaded handgun in your own home is an exception or exemption to the charge of unlawful possession of a weapon (sometimes "concealed" is added). In states with the exemption, you could (as I understand it) probably have the charges dismissed before trial by simply telling the judge that you possessed the weapon in your home and therefore apply under one of the exemptions. And, if it went to trial, the prosecution would have the burden of proving it is not your home. However, in Tennessee, having a loaded handgun in your home is a defense to the charge. This means that if a cop and D.A. in Tennessee really want to ruin your day, they can charge you with this statute, force you to raise the defense at trial, and prove your innocence (by a preponderance of the evidence) by providing evidence that it is your home. The same thing applies to the permit; it is a defense. I am not aware of any officers or D.A.'s who are currently doing this. However, it is possible.
    "Eternal vigilance is the price of liberty."
    "All that is necessary for evil to triumph is for good men to do nothing."
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Ben Franklin

  6. #6
    Regular Member
    Join Date
    Aug 2010
    Location
    Knoxville
    Posts
    169
    Quote Originally Posted by Sixgun Lefty View Post
    ...
    I'm a little suprised you say I can carry openly (with my valid AL conceal carry permit) in your state of TN.
    Nonetheless, you may do exactly that.

    - OS

  7. #7
    Regular Member
    Join Date
    May 2012
    Location
    Alabama
    Posts
    3
    I made it to moms and as I was coming done the drive they already have shot 2 snakes dead. I wonder how well educated local law enforcement is about open carry around here. In AL they typically get a crash course in open crry law by the carrier.

  8. #8
    Regular Member
    Join Date
    Aug 2010
    Location
    Knoxville
    Posts
    169
    Quote Originally Posted by Sixgun Lefty View Post
    I made it to moms and as I was coming done the drive they already have shot 2 snakes dead. I wonder how well educated local law enforcement is about open carry around here. ...
    Cops are likely better educated on open carry than your Mom is on snakes, just sayin.

    - OS

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •