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Thread: TN AG Opinion.

  1. #1
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    For those who may not have received the TFA e-mail a few months back, 3 questions were posed to out AG, One of them, was whether or not OC was legal. He of course, said yes.

    I have no current means to host it on a website, if someone does, let me know, I will e-mail you the Adobe file, and you can host it so everyone can read it.

    Thanks.
    Life Member: Tennessee Firearms Association, GOA, NRA.
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    Have you contacted the site administrators about posting it ? On the state page, there is section entitled "Official Documents". Perhaps this could qualify as an official document confirming the legality of open carry ? Mr. Pierce, Mr. Stollenwerck ?

    ProguninTN

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    Please contact the site admins and see if they will put it up on the TN state page! I for one would love to have access to these documents.

    PT-111

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    Sent an e-mail to John Pierce.
    Life Member: Tennessee Firearms Association, GOA, NRA.
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    SomeKid wrote:
    Sent an e-mail to John Pierce.
    I didn't get the email. I suppose that my spam filter may have gotten too aggressive. But I would love to host it and reference it from the TN page. Where can I get a copy?

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    John, if the TFA website was updated more, I could refer you to here.

    http://www.tennesseefirearms.com/law...g_opinions.asp

    (Sadly, it hasn't been added yet, nor even updated in quite some time.) I have a copy of it on my computer, I saved it from the TFA e-mail.

    Check your junk mail, if it really did not go through, I can send it from another e-mail, or via AIM, MSN, Skype or some other software.
    Life Member: Tennessee Firearms Association, GOA, NRA.
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    SomeKid wrote:
    John, if the TFA website was updated more, I could refer you to here.

    http://www.tennesseefirearms.com/law...g_opinions.asp

    (Sadly, it hasn't been added yet, nor even updated in quite some time.) I have a copy of it on my computer, I saved it from the TFA e-mail.

    Check your junk mail, if it really did not go through, I can send it from another e-mail, or via AIM, MSN, Skype or some other software.

    Or everybody could do something really radical. Like go to the TN AG's web page. Here are the questions and short answers. If you want the legal analysis, you'll have to do a little work.

    Opinion No. 05-154

    Q1. Does Tennessee law require that individuals who have been issued civilian handgun permits under Tenn. Code Ann. § 39-17-1351 carry the handgun(s) concealed?


    A1. No. Neither Tenn. Code Ann. § 39-17-1351, nor any other statute governing the carrying of firearms, requires the holder of a handgun carry permit to carry the handgun in a concealed manner.

    Q2. If Tennessee law does not require concealment of a handgun by a civilian handgun permit holder, may a law enforcement officer legally arrest an individual for carrying a handgun openly in Tennessee if the individual is not carrying it in a prohibited location (e.g., courtroom)?


    A2. Yes. A handgun carry permit holder may be arrested for carrying a handgun openly if he or she is using the handgun to commit a crime, or is otherwise engaged in criminal activity while carrying the handgun.

    Q3
    . May a law enforcement officer legally seize a handgun carry permit from an individual when that individual is arrested or charged with a crime?

    Q3. No. Tenn. Code Ann. § 39-17-1352(c) states that a law enforcement officer may only seize a handgun carry permit when directed to do so by the Department of Safety.





  8. #8
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    Yah, I guess that idea was pretty radical. Good thinking bud.

    Here is the link. It is opinion 154 from 2005.

    http://www.attorneygeneral.state.tn....5/OP/OP154.pdf
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    SomeKid wrote:
    Yah, I guess that idea was pretty radical. Good thinking bud.

    Here is the link. It is opinion 154 from 2005.

    http://www.attorneygeneral.state.tn....5/OP/OP154.pdf
    Thanks everyone!

    The opinion has been added to the official documents section for TN.


    John

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    THAT'S what I'm talking about - teamwork!

  11. #11
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    The Tennessee Firearms Association put out another email today with additional info from the AG concerning three topics and one again was about carrying open or concealed. It does not matter wheather the HCP holder carries open or concealed. I believe this info is posted on the TFA web site.

    Bob




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    Bob,

    You are correct. When this thread was started, the TFA webstie had not been updated. Now it has. For anyone who wants to view the AG Op that spawned this thread, go to this link, http://www.tennesseefirearms.com/law...g_opinions.asp and look for (05-154).

    The moderators of this site may want to browse through the AG Ops John has catalogued, there may be others they wish to add to the TN page here.
    Life Member: Tennessee Firearms Association, GOA, NRA.
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  13. #13
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    Please email me the file, I will post it for download...



  14. #14
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    Connecticut is much in the same boat, we have a "Permit to Carry a Pistol", rather than a Concealed Permit. Just keep in mind that "criminal activity" might be "Breach of Peace", "Disorderly Conduct" or "Threatening", which is what the CT Police have reportedly used to harrass people who OC.

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