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oc or cc in tenn

kilroyhunter

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hi

im planning a trip to dandrige tn .i am from pa and i have a LTCF your state honors

our LTCF which of the two carries would be advisable thanks:?
 

Fallguy

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OC is legal in TN w/ a permit, but notas common as in other states.

I am not in the dandrige area, maybe someone who is well weigh in shortly and tell more about the knowledge of LEO's in the area and perception of the public.
 

Mtn Jack

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Kilroy my wife and i are heading there in feb to pick out our new log cabin. I was just about to ask the same ??? We are going to Knoxville for a week. Will have to check the airlines to. Have a safe trip, :celebrateYour friend in arms.Mtn Jack
 

fullauto223cal

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http://www.tba.org/tba_files/AG/2005/op154.pdf

AG opinion that Open Carry is OK! Print it out and let it hang out. Any LEO gives you greef just show him what the AG said.

I've carried mostly open for 4 years now in west Tennessee. Only been carded by a Deputy once and he was cool after seeing my permit. This fear of being roughed up by the cops is blown way out of wack. You might get some mean looks but I'll tell anyone who has a problem with it pound sand if they really want to know how I feel about their opinion.
 

mdmoseley

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It's certainly legal to do so. I personally prefer CC because I usually have my gun on me at all times. Read into that what you will. Also if someone walks in where you are with ill intent you are goign to be the first person they take down since they see you pose the most immediate threat to stop them.
 

Decoligny

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mdmoseley wrote:
It's certainly legal to do so. I personally prefer CC because I usually have my gun on me at all times. Read into that what you will. Also if someone walks in where you are with ill intent you are goign to be the first person they take down since they see you pose the most immediate threat to stop them.
The majority of Criminals are cowardly predators who prey only on the weak and defenseless. The usually turn and seek other less dangerous prey when they see someonOC. OC is proactive in that it prevents crime just by having the gun visible. CC is reactive in that CCer looks just like any of the other defenseless sheeple andwaits until the S*** is actually hitting the fan beforereacting by pulling a gun.
 

Kingfish

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mdmoseley wrote:
It's certainly legal to do so. I personally prefer CC because I usually have my gun on me at all times. Read into that what you will. Also if someone walks in where you are with ill intent you are goign to be the first person they take down since they see you pose the most immediate threat to stop them.


UM...You know what the name of this website is right?

Now, unlike other sites that will ban you for even discussing a different opinion or mode of carry, it seems talk of CC is perfectly fine around here.

But please, please do not come around talking like you just did. It is really pretty ignorant. I am not saying you are ignorant yourself but that comment is not based in any fact and is just an assumption, an incorrect one I might add.

Welcome to the group and please read and learn all you can.

Oh and I believe many people here myself included do not condone breaking the law just so you can go to Applebees for lunch. There are plenty of places that you can go that don't serve booze, you just have to find them. It is all kinda part of the "law abiding citizen" thing. If you are gonna do it, then whatever, but don't announce it to everybody.
 

kemosabi

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i always conceal..A criminal w/see you as a threat and you w/be the first one shot.If he does not see it then you may have other options..Its kinda a 2 sided coin....
 

fullauto223cal

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mdmoseley wrote:
It's certainly legal to do so. I personally prefer CC because I usually have my gun on me at all times. Read into that what you will. Also if someone walks in where you are with ill intent you are goign to be the first person they take down since they see you pose the most immediate threat to stop them.

This is one of the most commonly thrown around arguments from the CC only crowd and I tire of hearing it. Please, please cite an instance of someone being shot simply because they were wearing openly. I have good reason to believe that the bad guy, upon seeing someone else with a gun, would rather choose to keep his concealed until he can go elsewhere or you leave. Crooks don't seek out gun fights, the use there weapon to intimidate their victim into giving them what they want. When they know firsthand that someone else is on equal ground they flee.
No disrespect, but what you imagine is extremely rare at the most. Try to think like a crook; is the risk worth the reward?
Kudos: Decoligny, kingfish, and fallguy!
 

andersmg

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I live in west TN and I carry both open and concealed, just depends on my dress and where I am headed.

I have never had any problems carrying open...and I have not been shot yet by one of those BG's either!
 

John Pierce

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I live in Bristol VA which is right on the TN border and I have open carried EXTENSIVELY in Knoxville. I have also open carried in Dandridge but I don't go there that often.

Just keep the AG opinion in your pocket and enjoy your trip to Tennessee!
 

SomeKid

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kemosabi wrote:
i always conceal..A criminal w/see you as a threat and you w/be the first one shot.If he does not see it then you may have other options..Its kinda a 2 sided coin....

Either back that up with some proof, or keep your ignorant opinions to yourself.

As for the OP, carry however you wish. Just make sure you know where the off-limit places are. Thanks to our annoying laws, it is quite easy to walk into a prohibited place for lunch. No, I am sadly not joking.

Since you are not going to very familiar with the local territory, you might want to conceal. Not because some criminal might nail you first, but because if you walk into a place you are not supposed to, and find out after entering, you at least get a choice to decide whether you simply keep quiet, or go back and stow it in the car.

My policy for how I carry is simple: If I know it is OK to carry in (place) I carry open if I feel like it. If I am not sure I am supposed to carry (as in, I do not know if the place serves alcohol, and I will not find out until I have a menu in front of me) I conceal just for my own insurance.
 

tonyparson

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SomeKid wrote:
kemosabi wrote:
i always conceal..A criminal w/see you as a threat and you w/be the first one shot.If he does not see it then you may have other options..Its kinda a 2 sided coin....
Either back that up with some proof, or keep your ignorant opinions to yourself.

As for the OP, carry however you wish. Just make sure you know where the off-limit places are. Thanks to our annoying laws, it is quite easy to walk into a prohibited place for lunch. No, I am sadly not joking.

Since you are not going to very familiar with the local territory, you might want to conceal. Not because some criminal might nail you first, but because if you walk into a place you are not supposed to, and find out after entering, you at least get a choice to decide whether you simply keep quiet, or go back and stow it in the car.

My policy for how I carry is simple: If I know it is OK to carry in (place) I carry open if I feel like it. If I am not sure I am supposed to carry (as in, I do not know if the place serves alcohol, and I will not find out until I have a menu in front of me) I conceal just for my own insurance.
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kemosabi

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well some kid,its what we teach in conceal carry classes...In La. the state says its cool,but in the city you live in local law over rides state laws....Just like bars closing at 2 am,we have a couple lil parishes that stay open after hours or all night....2 miles out the city limit....

Ive attended several seminars as well as instructor courses and most of them agree that its best to conceal if legal,if its open carry and i do not have a permit, i dam well promise you i w/have a gun on my side....
One of the things we go over with time and time in class is when and where you cannot carry..What the sighn looks like ,ect..Permit holders should know where they can and cannot carry..In La we cannot carry in church,police stations,Any political housing or offices,or any class A establishments...We can carry in the restraunt side of the biz but not the bar if there is one...But we can carry in casinos and banks and alot of other places,theres not many places we cannot carry.......

Example...your in a restroom and someones in front robbing the place,you walk out w/a paper and a six pack,robber sees you and sees your gog leg hanging on your side..Chances are good you get shot real quick if this guys got the gonads to pull the trigger and is a killer...especially if your between him and the exit....If you have it concealed he w/most likely make you hit the ground like the others,..

Theres a thousand differant scenarios to consider in a situation like that....I do agree w/you if its a lil differant and there are 3-4 people w/open carry on the hip he w/be a dummy to break out his peice......

Its every ameriicans right and DUTY to protect himself and his family....How many times have i had women who take my Beginner class or Intro class to firearms[first time gun owners] and tell me i cant hurt a snail,ill never be able to shoot anyone..I say a huhhhh,kinda look around then i ask,Do you have any kids? well yes ,ive got a beautiful lil 3 yr old daughter,,,,Well,w/you not shoot someone if they were trying to hurt your daughter or husband,or trying to rape you and your daughter,,Then all of a sudden there eyes light up and they are ready and serious about learning to protect themselves....
Usually they come in and want to take the conceal/carry after that and after having fun shooting for the first time...Husbands normally cannot teach there wives,and have someone else teach them to shoot..lol.........

Please do not think im a anti OC person,,Thats not even close to the real coonass that i am...

ps..Ive got 8 post now,almost 10,lol.....

Thanks
 

Fallguy

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LOL kemosabi...I'll let you slide on the less than 10 because you mention it and your overall good attitude.

You say "Its every ameriicans right and DUTY to protect himself and his family" I couldn't agree more.

As far as local and state laws I will just say in TN state law has COMPLETE preemption over local laws except local laws can prohibit the discharge of a firearm.

T.C.A. 39-17-1314 Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers.



[align=justify](a) No city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that the provisions of this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.[/align]

[align=justify](b) The general assembly declares that the lawful design, marketing, manufacture and sale of firearms and ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se.[/align]

[align=justify](c) (1) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association or dealer by or on behalf of any state entity, county, municipality or metropolitan government for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state.[/align]

[align=justify] (2) Nothing in this subsection (c) shall be construed to prohibit a county, municipality, or metropolitan government from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by such county, municipality, or metropolitan government.[/align]

[align=justify](3) Nothing in this subsection (c) shall preclude an individual from bringing a cause of action for breach of a written contract, breach of an express warranty, or for injuries resulting from defects in the materials or workmanship in the manufacture of the firearm.[/align]

[align=justify](d) The provisions of subsections (b) and (c) shall not apply in any litigation brought by an individual against a firearms or ammunition manufacturer, trade association or dealer.[/align]
 

kemosabi

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hey fallguy,I hear ya..I did some digging and went back to the 2nd page under louisiana here on the forum and what im bringing up is OLD news,,,It looks like there are a ton of people wondering the same thing as i and not have been able to get help from police in the matter...It looks like its perfectly legal to carry in Louisiana..
I think its a matter of wanting to get hasseled or not...It seems that most of the police are unaware of the right to carry.While back they didnt want us to carry so they cam up w/a holster is still concealing on your hip because 1/2 of it is hidden still.They went to court on it and they said that was hog wash and its perfectly legal EVEN though most chiefs and sherriffs DO not like it one bit....Its just not seen here in Lafayette,I have not seen anyone carry w/out a badge for as far back as i can remember.....Used to i really wasnt that into it and really didnt bother me but the older i get and the more i see all the crime and violence going on in our area its time to wake up and arm the community,cause thats about our only chance....

I dug this great reading up...

Opinion No. 78‑795
June 19, 1978

FIREARMS & FIREWORKS 47‑A R.S. 14:95.1, 40:1379.1 Acts 1956, No. 345, s 1,
1958, No. 2 1958, No. 379, ss 1, 3, 1968, No. 647, s 1, 1975, No. 492
The carrying of an exposed handgun is not illegal, except as provided in LSA‑
R.S. 14:94.1. Parishes and/or Municipalities may not enact ordinances
regulating the carrying of illegal handguns because the state has pre‑empted
the legistlative control and has implicitly authorized the carrying of
unconcealed weapons.

Honorable James H. Brown, Jr.
State Senator
32nd District
Baton Rouge, LOUISIANA 70804

Dear Senator Brown:

Your request for an opinion of the Attorney General has been forwarded to the
undersigned for disposition. Your questions, as I appreciate them, are:
1. Is it legal to carry an exposed handgun?
2. Do Parishes and/or Municipalities have the power to regulate the
carrying of exposed handguns?
LSA‑R.S. 14:95 provides as follows:

s 95 Illegal carrying of weapon

A. Illegal carrying of weapon is:
(1) The intentional concealment of any firearm, or other instrumentality
customarily used or intended for probable use as a dangerous weapon, on
one's person; or
(2) The ownership, possession, custody or use of any firearm, or other
instrumentality customarily used as a dangerous weapon, at any time by an
enemy alien; or
(3) The ownership, possession, custody or use of any tools, or dynamite,
or nitroglycerine, or explosives, or other instrumentality customarily used
by thieves or burglars at any time by any person with the intent to commit
a crime; or
(4) The manufacture, ownership, possession, custody or use of any
switchblade knife, spring knife or other knife or similar instrument having
a blade which may be automatically unfolded or extended from a handle by
the manipulation of a button, switch, latch or similar contrivance.
****
B. Whoever commits the crime of illegal carrying of weapons shall be fined
not more than five hundred dollars, or imprisoned for not more than six
months, or both.
C. On a second conviction, the offender shall be imprisoned with or
without hard labor for not more than five years.
D. On third and subsequent convictions, the offender shall be imprisoned
with or without hard labor for not more than ten years without benefit of
parole, probation, or suspension of sentence.
E. The enhanced penalty upon second, third, and subsequent convictions
shall not be applicable in cases where more than five years have elapsed
since the expiration of the maximum sentence or sentences, of the previous
conviction or convictions, and the time of the commission of the last offense
for which he has been convicted; the sentence to be imposed in such event
shall be the same as may be imposed upon a first conviction.
F. The provisions of this Section except Paragraph (4) of Sub‑section (A)
shall not apply to sheriffs and their deputies, state and city police,
constables and town marshals, or persons vested with police power when in the
actual discharge of official duties. (Amended by Acts 1956, No. 345, s 1;
Acts 1958, No. 21, s 1; Acts 1958, No. 379, ss 1, 3; Acts 1968, No. 647, s 1,
emerg. eff. July 20, 1968; Acts 1975, No. 492.) (Emphasis supplied)
In State vs Fluker, 311 So.2d 863 (1975), the defendant had been
arrested for carrying a handgun in a holster on his hip. The weapon was
exposed except for that portion in the holster, and it was fully recognizable
as a weapon. The LOUISIANA Supreme Court, in reversing Fluker's conviction,
stated that 'by making the offense of concealment a crime of specific intent,
the legislature has abandoned the old rule that a partially hidden weapon is a
concealed weapon in favor of a more realistic proscription that contemplates
that a weapon, although not in 'full open view,' is nonetheless not a concealed
weapon, if it is sufficiently exposed to reveal its identity.
If the weapon is carried in a manner that reveals its identity, its carrier
cannot be presumed to have intended to conceal it and, accordingly, is not in
violation of the statute ...... The appropriate test to be applied in
prosecutions for illegal carrying of weapons is whether, under the facts and
circumstances of the case as disclosed by the evidence, the manner in which
defendant carried the weapon revealed an intent to conceal its identity.'
Therefore, the carrying of an exposed handgun is not illegal, except as
provided in LSA‑R.S. 14:95.1.
LSA‑R.S. 14:95.1 provides:

s 95.1 Possession of firearm or carrying concealed weapon by a person convicted
of certain felonies

A. It is unlawful for any person who has been convicted of first or second
degree murder, manslaughter, aggravated battery, aggravated or simple rape,
aggravated kidnapping, aggravated arson, aggravated or simple burglary, armed
or simple robbery, or any violation of the Uniform Controlled Dangerous
Substances Law which is a felony or any crime defined as an attempt to commit
one of the above enumerated offenses under the laws of this state, or who has
been convicted under the laws of any other state or of the United States or
of any foreign government or country of a crime which if committed in this
state, would be one of the above enumerated crimes, to possess a firearm or
carry a concealed weapon.
B. Whoever is found guilty of violating the provisions of this Section
shall be imprisoned at hard labor for not less than three nor more than ten
years. If such conviction is for the crime of carrying a concealed weapon,
such sentence shall be without the benefit of probation, parole, or
suspension of sentence and be fined not less than one thousand dollars nor
more than five thousand dollars.
C. Except as otherwise specifically provided, this Section shall not apply
to the following cases:
(1) The provisions of this Section prohibiting the possession of
firearms and carrying concealed weapons by persons who have been convicted
of certain felonies shall not apply to any person who has not been
convicted of any felony for a period of ten years from the date of
completion of sentence, probation, parole, or suspension of sentence.
(2) Upon completion of sentence, probation, parole, or suspension of
sentence the convicted felon shall have the right to apply to the sheriff
of the parish in which he resides, or in the case of Orleans Parish the
superintendent of police, for a permit to possess firearms. The felon
shall be entitled to possess the firearm upon the issuing of the permit.
(3) The sheriff or superintendent of police, as the case may be,
shall immediately notify the Department of Public Safety, in writing, of
the issuance of each permit granted under this Section. Added by Acts 1975,
No. 492, s 2.
In answer to your second question it can be analogized that when the State
provides that it is unlawful for a person to carry a concealed weapon, LSA‑R.S.
14:95 A (1), unless they hold a bonafide law enforcement commission, R.S.
14:95(F) or possess a concealed handgun permit, R.S. 40:1379.1, it is
equivalent to stating that it is lawful to carry an exposed weapon (firearm).
In City of Shreveport V. Curry and City of Shreveport V. Bukhett, 357 S.2d
1078, (LA. 1978) which held that a city ordinance proscribing frog gigging out
of season was unconstitutional as not being a reasonable exercise of Police
Power and as such a violation of the defendant's right to due process; the
Court stated in dicta that '. . . a municipal ordinance which goes further in
its prohibitions than a state statute is valid so long as it does not forbid
what the state legislature has expressly or implicitly authorized . . .'
(Emphasis supplied)
It is the opinion of this office that the state statutes aforementioned have
the purpose of establishing a general scheme to control weapons (handguns) and
that a fair reading of those statutes show this would constitute an area in
which the state has pre‑empted the legislative control and has implicitly
authorized the carrying of unconcealed weapons.
Therefore, an ordinance enacted by a Parish and/or Municipality requlating
the carrying of exposed handguns would be without effect as being in conflict
with State Law.
We hope this opinion has adequately answered your questions. If we may be of
any further assistance in this or any other matter, please do not hesitate to
call upon us.
With kind regards, I am

Sincerely


Check it out,these are the same things im trying to get answers to..This really helps out..

Kemo
 

Fallguy

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McKenzie Tennessee, USA
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"It is the opinion of this office that the state statutes aforementioned have
the purpose of establishing a general scheme to control weapons (handguns) and
that a fair reading of those statutes show this would constitute an area in
which the state has pre‑empted the legislative control and has implicitly
authorized the carrying of unconcealed weapons.
Therefore, an ordinance enacted by a Parish and/or Municipality requlating
the carrying of exposed handguns would be without effect as being in conflict
with State Law"

Would seem that about sums it up. Of course the person that wants to push that is another story.

Just FYI there is a TN AG opinion that say OC is legal 05-154

Oh and congrats on 10 posts.... :celebrate:lol:
 
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