Intent to go armed and OC QUESTION??

jcramin · May 10, 2007

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[sup]Tenn. Code Ann. § 39-17-1307(a)(1) states that "a person commits an offense who carries with the intent to go armed a firearm," a certain kind of knife or a club.

This statute does not prohibit owning or carrying a firearm.

It prohibits the carrying of a firearm with the intent to go armed. Thus, the carrying of a firearm is prohibited only when it is carried in a manner so as to be "readily accessible and available for use in the carrying out of purposes either offensive or defensive."

I pulled this info from: http://www.tennesseefirearms.com/law_regs/agopinions/ag_96080.asp

I am asking this question because I do OC sometimes.

Im just wondering if the 3rd section does give an officer the option of ticketing or arresting someone for OC ? Since it can be considered [/sup]"readily accessible and available for use in the carrying out of purposes either offensive or defensive."

Thanks,
J

MamaLiberty · May 10, 2007

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That's typical government double talk, fully INTENDED to mean exactly whatever they want it to mean, whenever they want to use it.

Count on THAT, and nothing more.

You must have a "license" to open carry in TN. That should give you your first clue.

If you want to carry to defend yourself, I'd suggest you move to a state where it is both "legal" and most people find it non-threatening. That narrows the field quite a bit.

Take care. You are in dangerous territory there. Good luck. ML

Hyaloid · May 10, 2007

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See the AG opinion here:

CLICKY

From which I pulled the relevant portion below (my emphasis in bold):

Tenn. Code Ann. §39-17-1308 lists a number of defenses to the application of Tenn. Code Ann. §39-17-1307. Included in the list is when the person is carrying a weapon that is unloaded and unconcealed about his person and the ammunition is not in the immediate vicinity; when the person is authorized to possess or carry a firearm pursuant to Tenn. Code Ann. §39-17-1315, the handgun permit statute; when the person is at home, at his place of business or on the premises; and when the person is lawfully hunting, trapping or engaged in other lawful activity. Thus the application of Tenn. Code Ann. §39-17-1307 is rather narrow. The statutory scheme envisions many situations when the carrying of a weapon does not violate this statute.

So, it would seem that licensed individuals can wear their weapon openly (as is well established), and to be charged with "intent to go armed", you would have to be unlicensed or in the act of commiting a crime.

IANAL, but that seems to be my interpretation.

--EDITED--

Sorry, I didn't realized you already directly linked to the AG opinion... your answer was right in the opinion itself.

Hyaloid · May 10, 2007

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You may also find the opinion AG 05-154 useful, as it explicitly asks whether a firearm needs to be concealed.

I have attached it for your information, but here is the text:

S T A T E O F T E N N E S S E E
OFFICE OF THE
ATTORNEY GENERAL
PO BOX 20207
NASHVILLE, TENNESSEE 37202
October 11, 2005
Opinion No. 05-154
Civilian Handgun Permits

QUESTIONS
1.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?
2.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)?
3.May a law enforcement officer legally seize a handgun carry permit from an
individual when that individual is arrested or charged with a crime?

OPINIONS
1.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.
2.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.
3.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.

ANALYSIS
1.The primary objective of statutory construction is to ascertain legislative intent. If
the language of the statute is clear and unambiguous, courts are supposed to ascertain that intent from the plain and ordinary meaning of the language. Honsa v. Tombigbee Transport Corp., 141 S.W.3d 540 (Tenn. 2004). The plain meaning of the statutes governing, or prohibiting, the carrying of handguns and other weapons indicates that, in situations where the legislature has permitted the carrying of handguns, the legislature intended to authorize the carrying of handguns both openly and concealed. The statutes governing the wearing and carrying of firearms neither expressly prohibit the permit holder from carrying a handgun openly, nor expressly require the permit holder to carry the handgun concealed.

Reading Tenn. Code Ann. § 39-17-1351 in pari materia with §§ 39-17-1307 and 1308(a)(2) indicates that the legislature intended to allow carry permit holders to carry their handguns both openly and concealed. If the legislature had intended to require a permit holder to carry his or her handgun concealed, it would have done so by prohibiting the open carrying of a handgun and expressly requiring the concealed carry of a handgun.

2. As set forth in part 1, above, the holder of a handgun carry permit may lawfully carry his or her handgun both openly and concealed. Therefore, a permit holder should not be subject to arrest solely because the handgun is being carried openly. There is nothing, however, in any of the statutes cited in part 1 that would prohibit the arrest of a handgun permit holder for other crimes.

jcramin · May 10, 2007

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OK Thank you so much, That last one answers my question. I plan to print it out anc keep a copy of the whole document in my vehicle with me.

Thanks,
J

Kingfish · Jul 1, 2007

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jcramin wrote:

I plan to print it out anc keep a copy of the whole document in my vehicle with me.

I actually have that and a few others in a small belt pouch. That way even if I am in Wal-Mart I have it on me.

Intent to go armed and OC QUESTION??

jcramin

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MamaLiberty

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Hyaloid

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jcramin

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