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Thread: FALSE INFORMATION on this site - TN firearm in vehicle info is wrong

  1. #1
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    FALSE INFORMATION on this site - TN firearm in vehicle info is wrong

    http://www.opencarry.org/state-info-t-z/tennessee/

    States:

    "Open Car Carry

    Firearms may be openly carried in cars only with a permit/license."

    Notice that was OPINION, no citation was given. Its wrong.



    TCA 39-17-1307 exempts this (in an auto) :

    "e) (1) It is an exception to the application of subsection (a)
    that a person is carrying or possessing a firearm or firearm
    ammunition in a motor vehicle if the person:

    (A) Is not prohibited from possessing or receiving a firearm
    by 18 U.S.C. 922(g) or purchasing a firearm by 39-17-1316; and

    (B) Is in lawful possession of the motor vehicle."

    http://search.mleesmith.com/tca/39-17-1307.html

    Important point

    READ ALL THE LAW FIRST....especially 1301, Definitions at the bottom)

    This false info is typical blather from the "must have a Govt issued permit" crowd...
    always trying to reframe the RKBA within concealed carry laws which, BTW are
    100% UN CONSTITUTIONAL.
    Last edited by Grapeshot; 03-27-2016 at 08:05 PM. Reason: remove icon from title

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Capn Camo View Post
    --snipped--

    READ ALL THE LAW FIRST....especially 1301, Definitions at the bottom)
    http://law.justia.com/codes/tennesse...-17-1307/&p=10
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  3. #3
    Campaign Veteran MAC702's Avatar
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    Good luck getting it changed. I doubt any state's info is correct. I've tried many times over a couple years to have Nevada's page corrected as it has several serious errors. It falls on deaf ears, and I have no idea why.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Regular Member OC for ME's Avatar
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    Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

    http://law.justia.com/codes/tennesse...-17-1307/&p=10
    There ya go.

    I do not use third party sources...you should not either.
    Last edited by Grapeshot; 03-24-2016 at 07:45 AM. Reason: rule #19
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    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

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    I think repeating or summarizing statute law here on OCDO is a risky disservice. Better to link to the appropriate legislative web site.
    I am responsible for my writing, not your understanding of it.

  7. #7
    Regular Member solus's Avatar
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    Quote Originally Posted by Fallguy View Post
    The law has changed since then.

    http://share.tn.gov/sos/acts/108/pub/pc0870.pdf
    worthless cite directing someone to a meaningless piece of paper...

    ipse
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    Regular Member Fallguy's Avatar
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    Quote Originally Posted by solus View Post
    worthless cite directing someone to a meaningless piece of paper...

    ipse
    Meaningless?
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  9. #9
    Regular Member solus's Avatar
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    Quote Originally Posted by Fallguy View Post
    Meaningless?
    SENATE BILL NO. 1774
    By Bell
    Substituted for: House Bill No. 1480
    AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the carrying
    or possession of a firearm in a motor vehicle.

    it is background information pure and simple...footnote if you will.

    meaningless...

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  10. #10
    Regular Member Fallguy's Avatar
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    What I linked to is a copy if the actual Public Chapter on the Secretaty of State's website. But whatever.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  11. #11
    Regular Member solus's Avatar
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    here's what is 'officially' on the books that all the nice LEs and other judicial folk follow...not the meaningless background material stored in a record folder collection with other dusty papers...
    https://www.lexisnexis.com/hottopics/tncode/

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  12. #12
    Regular Member Fallguy's Avatar
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    What I cited is where Lexis gets its info. The online version of lexis is not automatically updated as soon as a new law takes affect
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

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    Quote Originally Posted by solus View Post
    here's what is 'officially' on the books that all the nice LEs and other judicial folk follow...not the meaningless background material stored in a record folder collection with other dusty papers...
    https://www.lexisnexis.com/hottopics/tncode/

    ipse
    Here is what lexisnet.com has listed as current law:
    (e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm or firearm ammunition in a motor vehicle if the person:
    (A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. 922(g) or purchasing a firearm by 39-17-1316; and
    (B) Is in lawful possession of the motor vehicle.
    (2) As used in this subsection (e):
    (A) "Motor vehicle" has the same meaning as defined in 55-1-103;
    (B) "Motor vehicle" does not include any motor vehicle that is:
    (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms or ammunition not required for employment within such a motor vehicle; and
    (ii) Provided by such entity to an employee for use during the course of employment.

    Unless I am mistaken it is identical to the text of the "worthless cite directing someone to a meaningless piece of paper"

    I am interested in this, partly because I came to this site today looking up the laws of Virginia and Tennessee. We are about to head to east TN on vacation and I am wondering what the laws look like in those parts.
    Last edited by backpain; 03-24-2016 at 12:48 PM.

  14. #14
    Regular Member solus's Avatar
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    Quote Originally Posted by backpain View Post
    Here is what lexisnet.com has listed as current law:
    (e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm or firearm ammunition in a motor vehicle if the person:
    (A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. 922(g) or purchasing a firearm by 39-17-1316; and
    (B) Is in lawful possession of the motor vehicle.
    (2) As used in this subsection (e):
    (A) "Motor vehicle" has the same meaning as defined in 55-1-103;
    (B) "Motor vehicle" does not include any motor vehicle that is:
    (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms or ammunition not required for employment within such a motor vehicle; and
    (ii) Provided by such entity to an employee for use during the course of employment.

    Unless I am mistaken it is identical to the text of the "worthless cite directing someone to a meaningless piece of paper"

    I am interested in this, partly because I came to this site today looking up the laws of Virginia and Tennessee. We are about to head to east TN on vacation and I am wondering what the laws look like in those parts.
    kudo's for checking your own statutes from the states you are going to visit...

    the legislative process paper is worthless except to track the 'bill' through to signature. kinda like your house payment check signed sitting to go out.. (not acknowledged paid on your lender's books) then in you put the check in the mail, (still not ack on their books), then at the lenders' (in this case the TN sec of state but not yet officially put in the statutes nor in my example ack by the lender as credited to your account); the lender gets around to crediting your account...lo & behold your account has been Officially credited as payed.

    until the State Sec of State OFFICIALLY enacts the wording from bill into the statutes i concede some might consider it valuable...once the document's wording instilled into the statutes the piece of paper is nothing but a historical record ~ worthless from a perceptive that any LE or other judicial process would detain, arrest, prosecute you by...

    i can see the keystone kops hollar'g at someone....STOP your in violation of governor signed house/senate bill xyz, come on now ya gotta stop cuz of this hear bill...

    btw...the reason the wording from cite i provided and the bill fallguy match, is cuz the bill went into effect mid-14and everything has caught up.

    ipse
    Last edited by solus; 03-24-2016 at 01:33 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  15. #15
    Accomplished Advocate color of law's Avatar
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    Actually, the public law signed by all is the true law. Once the law has been filed with secretary the public law is then codified, given a numerical number, based on Title, Chapter and Section. Or the revision to such Title, Chapter and Section. The only reason it is codified is so it can be found. If this was not done you would need to know what year and day the public law was passed to charge you with violating that law.

    The code section is prima facie evidence of the actual public law. At the end of the code section will be the history of the statute, original public law and revisions.

    The reason the actual public law is the law and not the code is because a mistake in codifying the law. Just leaving out a comma could change the meaning of the codified law.

    And it has happened, rare, but it does happen. More so under federal law. See 1 USC 204. https://www.gpo.gov/fdsys/pkg/USCODE...ap3-sec204.pdf

    Each state may do it a little differently, but generally as I described above. My point is that the actual signed law is the law, not the code section.

  16. #16
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    What you posted is the 2010 version of the law. The law changed in 2014. Here is the 2014 version from the same site.

    http://law.justia.com/codes/tennesse...on-39-17-1307/

    The new version of the law generally allows any person that may lawfully own a firearm to have a firearm concealed or open and loaded or unloaded in a motor vehicle with no permit.

    In relevant part, it reads as follows:

    (e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm or firearm ammunition in a motor vehicle if the person:

    (A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. 922(g) or purchasing a firearm by 39-17-1316; and

    (B) Is in lawful possession of the motor vehicle.

    (2) As used in this subsection (e):

    (A) "Motor vehicle" has the same meaning as defined in 55-1-103;

    (B) "Motor vehicle" does not include any motor vehicle that is:

    (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms or ammunition not required for employment within such a motor vehicle; and

    (ii) Provided by such entity to an employee for use during the course of employment.
    "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

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