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Thread: coming to Knoxville area from VA

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    Coming to knoxville Sweetwater area for the 4th of July.How common is open carry in your state ? What is the reaction of leos when they see someone who is carrying openly ? Can leos question you or terry stop you ? Just need some info on the laws. Called State Police and got very vauge answers was also told that if a leo saw someone with a firearm who was carrying openly they could draw down on them ? Any help would be lovely

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    xdm guy wrote:
    Coming to knoxville Sweetwater area for the 4th of July.How common is open carry in your state ? What is the reaction of leos when they see someone who is carrying openly ? Can leos question you or terry stop you ? Just need some info on the laws. Called State Police and got very vauge answers was also told that if a leo saw someone with a firearm who was carrying openly they could draw down on them ? Any help would be lovely
    Open carry is not common.

    Speaking only for Nashville, unless I was a witness to an injury accident or a crime, I've never had a police officer ask for my HCP.

    TCA section 39-17-13 covers the firearms laws in Tennessee for the average carrier (there are other sections for those who carry for work purposes that probably won't apply to you if you are on vacation).

    I'm posting a few laws that pertain to you and your questions.
    39-17-1321. Possession of handgun while under influence — Penalty. —
    (a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance.

    (b) A violation of this section is a Class A misdemeanor.

    39-17-1322. Defenses. —
    A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.

    39-17-1351. Handgun carry permits. —
    (r) (1) A facially valid handgun permit, firearms permit, weapons permit or license issued by another state shall be valid in this state according to its terms and shall be treated as if it is a handgun permit issued by this state; provided, however, the provisions of this subsection (r) shall not be construed to authorize the holder of any out-of-state permit or license to carry, in this state, any firearm or weapon other than a handgun.
    (2) For a person to lawfully carry a handgun in this state based upon a permit or license issued in another state, the person must be in possession of the permit or license at all times the person carries a handgun in this state.
    (t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual or individuals provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder.

    Our Restaurant Carry law does not go into effect until July 14th, so the following still applies.
    39-17-1305. Possession of firearm where alcoholic beverages are served. —
    (a) It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for on premises consumption.
    (b) A violation of this section is a Class A misdemeanor.
    (c) The provisions of subsection (a) shall not apply to a person who is:
    (1) In the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of duties as a correctional officer employed by a penal institution; or
    (2) On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property.

    This may also be of interest if you are going to a park.

    39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. —
    (a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.

    (b) (1) The provisions of subsection (a) shall not apply to the following persons:
    (A) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons;
    (B) Civil officers of the United States in the discharge of their official duties;
    (C) Officers and soldiers of the militia and the national guard when called into actual service;
    (D) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, in the discharge of their official duties;
    (E) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;
    (F) Any private police employed by the municipality, county, state or instrumentality thereof in the discharge of their duties; and
    (G) Also, only to the extent a person strictly conforms the person's behavior to the requirements of one (1) of the following classifications:
    (i) A person hunting during the lawful hunting season on lands owned by any municipality, county, state or instrumentality thereof and designated as open to hunting by law or by the appropriate official;
    (ii) A person possessing unloaded hunting weapons while transversing the grounds of any public recreational building or property for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the public recreational building or property is posted prohibiting entry;
    (iii) A person possessing guns or knives when conducting or attending “gun and knife shows” when the program has been approved by the administrator of the recreational building or property;
    (iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner;
    (v) A person who possesses or carries a firearm for the purpose of sport or target shooting and sport or target shooting is permitted in the park or recreational area; or
    (H) A registered security guard/officer, who meets the requirements of title 62, chapter 35, while in the performance of the officer's duties;
    (2) At any time the person's behavior no longer strictly conforms to one (1) of the classifications in subdivision (b)(1), the person shall be subject to the provisions of subsection (a).
    (c) (1) Each chief administrator of public recreational property shall display in prominent locations about the public recreational property a sign, at least six inches (6²) high and fourteen inches (14²) wide, stating:
    MISDEMEANOR. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF ELEVEN (11) MONTHS AND TWENTY-NINE (29) DAYS AND A FINE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) FOR CARRYING WEAPONS ON OR IN PUBLIC RECREATIONAL PROPERTY.
    (2) As used in this subsection (c), “prominent locations about public recreational property” includes, but is not limited to, all entrances to the property, any building or structure located on the property, such as restrooms, picnic areas, sports facilities, welcome centers, gift shops, playgrounds, swimming pools, restaurants and parking lots.
    (3) The legislative body of any municipality or committee appointed by the body to regulate public recreational property may exempt public recreational property located within its jurisdiction from the requirements of subdivision (c)(1).
    (d) A violation of this section is a Class A misdemeanor.

    Hope this helps.



  3. #3
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    Have to agree don't see a lot of OC. But it is legal with a permit and most LEOs know it. However they do discourage it, the reason for the response you got.

    But yes, if you are OCing they can and probably will stop you to ask you for your permit.

    Carry of a handgun is illegal in TN. Having a permit is simply a defense to that. So as far as the LEO knows you are illegally carrying until he verifies you have a permit.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

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    Fallguy wrote:
    Have to agree don't see a lot of OC. But it is legal with a permit and most LEOs know it. However they do discourage it, the reason for the response you got.

    But yes, if you are OCing they can and probably will stop you to ask you for your permit.

    Carry of a handgun is illegal in TN. Having a permit is simply a defense to that. So as far as the LEO knows you are illegally carrying until he verifies you have a permit.
    Talked to another trooper and open carry is pretty much illegal even thought it is legal with a permit.Also does it have to be posted if guns are banned ?Are there any places that open carry is welcome ? Thanks for all the info. In Va open carry is legal without a permit and is very common. If open carry is legal why does no one open carry ?Perhaps if LEOS got used to the idea of the common person being armed for self defense, it might change there view on open carry as well as the public being better informed on the right to bear arms for self defense.

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    xdm guy wrote:
    Talked to another trooper and open carry is pretty much illegal even thought it is legal with a permit.Also does it have to be posted if guns are banned ?Are there any places that open carry is welcome ? Thanks for all the info. In Va open carry is legal without a permit and is very common. If open carry is legal why does no one open carry ?Perhaps if LEOS got used to the idea of the common person being armed for self defense, it might change there view on open carry as well as the public being better informed on the right to bear arms for self defense.
    With a permit Open Carry is not illegal at all. See AG opinion 05-154

    To prevent carry an owner must post a sign compliant with 39-17-1359If you carry past a properly posted sign,you are in violation of the law at the moment.However the property owner can also simple tell you to leave the property because you are armed and you must do so or you are trespassing. See AG opinions 07-43 & 07-148

    I tend to agree about if more OCd the less "shocking" it would be to the sheeple and LEOs. However on another board I'm on many are always afraid the OC could get the law changed to CC only. I don't think so, but there are many that do.

    But to be honest one reason I don't OC more is because a property owner can simply tellyou to leave if you are armed and can effectively ban you from coming back armed, CC or OC, in the future by one simple announcement.
    "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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    Any places that dont care either way gun stores maybe ?

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    Again, I can only speak of my experiences in Nashville.

    I OC 99.9% of the time. I only had to conceal at one job location and that didn't last too long.

    My experiences are that most people don't even see the gun on my hip. Those that do could care less or they are curious (and may ask questions). I've only had one real :what: moment (that one was funny, IMO). I've had business owners tell me that they like when I come in, since the unscrupulous people leave.

    When I carry downtown (very often), I run into every level of law enforcement (local, state, and federal) and have never been asked for my HCP. I've gotten some nice comments from LEOs at all levels (MNPD, State Trooper and an FBI agent).

    I've been asked for my HCP twice. Once when I witnessed an injury accident and once when I was involved in an accident. Both times the LEO barely looked at the HCP and went on to deal with everything at hand.

    Overall, I wouldn't worry about it too much. LEOs in Knoxville might be the same or they could be JBT, I don't know. You could have problems with UT police if they aren't trained well, but I doubt that too.

    Tennessee is a good state for OC, not perfect, but still pretty good.

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    We'd rather not have to have a permit to OC either, but that isn't the way it is right now. I live West of Nashville I haven't had a LEO ask to see my HCP yet. I've had it since Sept and have been OC the whole time.

    The onle person to ask to see my HCP has been a greeter at the Hohenwald Walmart. Apparently he wanted to make sure I was lawfully carrying before I continued into the store.

    None of the Perry County Sheriff's Dept Deputies seem to have a problem with OC. Our Deputies are spread a bit thin in this county, and I suspect that they might appreciate knowing that there's armed LAC that can back them up if they need it.

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    Anyone in the knoxville Sweeetwater area oc ?Would loveto hear frompeople in this area and the leos reactions when seen, any trouble ?Sounds like I problably will oc some. Any bans on high cap mags or limit on bullets you can carry in clip just trying to cover my a-- VA has no such laws. thanks for all the feedback guys

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    xdm guy wrote:
    Anyone in the knoxville Sweeetwater area oc ?Would loveto hear frompeople in this area and the leos reactions when seen, any trouble ?Sounds like I problably will oc some. Any bans on high cap mags or limit on bullets you can carry in clip just trying to cover my a-- VA has no such laws. thanks for all the feedback guys
    No mag capacity limits, although you might not want to have a mag that sticks out past the bottom of the gun butt, like a 40 rounder. And do avoid those long chain belts, they could be percieved as excessive "bling".

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    Well hope to see someone oc while im down there

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    Task Force 16 wrote:
    We'd rather not have to have a permit to OC either, but that isn't the way it is right now. I live West of Nashville I haven't had a LEO ask to see my HCP yet. I've had it since Sept and have been OC the whole time.

    The onle person to ask to see my HCP has been a greeter at the Hohenwald Walmart. Apparently he wanted to make sure I was lawfully carrying before I continued into the store.

    None of the Perry County Sheriff's Dept Deputies seem to have a problem with OC. Our Deputies are spread a bit thin in this county, and I suspect that they might appreciate knowing that there's armed LAC that can back them up if they need it.
    I don't live there, but I have been to Perry County many times. Task Force 16 is right. (In Perry County, the deputy's closest backup may be an HCP holder.) Open carry does seem to be more accepted in the rural areas. Anyways, I have open carried in more urban areas near Nashville, I did not have any problems. Enjoy your visit to TN.

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    xdm guy wrote:
    Coming to knoxville Sweetwater area for the 4th of July.How common is open carry in your state ? What is the reaction of leos when they see someone who is carrying openly ? Can leos question you or terry stop you ? Just need some info on the laws. Called State Police and got very vauge answers was also told that if a leo saw someone with a firearm who was carrying openly they could draw down on them ? Any help would be lovely
    if they draw a weapon on you simply because you are OC'ing--press charges for assault afterward, and file an official complaint...even LEOS can be arrested if you are willing to press charges--I don't recall anything in Tennessee Code that prevents you from pressing charges against a law enforcement officer for illegally assaulting you, especially with a deadly weapon.

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    Fallguy wrote:
    Have to agree don't see a lot of OC. But it is legal with a permit and most LEOs know it. However they do discourage it, the reason for the response you got.

    But yes, if you are OCing they can and probably will stop you to ask you for your permit.

    Carry of a handgun is illegal in TN. Having a permit is simply a defense to that. So as far as the LEO knows you are illegally carrying until he verifies you have a permit.
    Yes, but they don't have to draw their gun on you and treat you like a public enemy number 1....they can still do their job and still treat you like a decent human being...

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    suntzu wrote:
    Fallguy wrote:
    Have to agree don't see a lot of OC. But it is legal with a permit and most LEOs know it. However they do discourage it, the reason for the response you got.

    But yes, if you are OCing they can and probably will stop you to ask you for your permit.

    Carry of a handgun is illegal in TN. Having a permit is simply a defense to that. So as far as the LEO knows you are illegally carrying until he verifies you have a permit.
    Yes, but they don't have to draw their gun on you and treat you like a public enemy number 1....they can still do their job and still treat you like a decent human being...
    Totally agree!!
    "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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