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Thread: Tennessee carry law question

  1. #1
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    Okay, I know I need a permit to carry in Tn, but I have a question posed by a friend. If he is going to the range to shoot, on his motorcycle (no saddlebags), exactly how would he be able to comply with the law if he did not have a carry permit? He couldn't OC, he couldn't CC, and if the gun was in a backpack or travel bag the ammo would be in there as well which could be interpreted by a LEO that he "intended to be armed" thus putting him in violation. Any suggestions/thought?

  2. #2
    Regular Member fullauto223cal's Avatar
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    He could drive his weapon to the range, drop it off, drive home and get the ammo and then drive that to the range.

    I could be wrong but if the firearm was locked inside a case or had a trigger lock or cable lock installed that might be an exception.

    39-17-1308. Defenses to unlawful possession or carrying of a weapon. —

    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;

    I don't think a back pack would be good enough. Looks like he just needs to get a car or get a friend to meet him there with the ammo. Short anwser, I don't think he can in the scenerio you outlined.

  3. #3
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    Okay he could do that but with the price of gas....also he could buy the ammo at the range but the only "value" purchase there are nasty reloads that super foul the gun and tend to stovepipe due to swelling shell casings.

    Since it is a different animal from being in a car with a trunk/glovebox/backseat, do you think the LEOs would be understanding? Would a judge/jury?

    Really I guess thats a stupid question since it depends on the individual and their mood at the time, just looking for opinions...

    edit to add based on the code you cited, if the gun was OC in a holster, and the ammo was in a backpack, could not the argument be made (succesfully) that by being on a motorcycle there was adequate seperation between the two? In other words, he would have to pull over, put the kickstand down or drop the bike, drop and open the backpack, retrieve the ammo, unholster the gun, slap the clip home and rack the slide...surely that wouldn't be a speedy process, certainly not like having the gun and loaded clip on the seat next to you in a car.

    Additionally if no clips were loaded (ammo in box in backpack, empty clip(s) in gun or pocket or both, would that not really reinforce the arguement that he had no intention of "going armed"?


  4. #4
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    I wouldn't nitpick the law. It's either legal or illegal. If you are gonna do it anyways, my advice is to carry them concealed and obey the speed limit and traffic laws :P

  5. #5
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    Heh...not trying to nitpick anything, but if you have ever owned a motorcycle you know its hard as hell to obey the speedlimit. He just wanted a legal (or best scenario) way to get his guns/ammo to the range. Supposedly he will be gettinga carry permit in the near future so hopefully this will all be a moot point...

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