Page 1 of 2 12 LastLast
Results 1 to 25 of 45

Thread: Carrying multiple handguns in Tennessee

  1. #1
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post

    I've often wondered if one may carry multiple handguns in Tennessee. I've been told yes and no and the people who say yes have never given a reason. Tennessee code specifically states law enforcement may carry firearms (plural). However, code never uses the plural for handgun carry permit holders.

    I recently found an Attorney genereal opinion # 95-118 given November 28, 1995.

    Question 32.

    May a person who possesses a permit issued under Tenn. Code Ann. 39-17-1315(b) carry more than one handgun (or firearm) at a time (i.e., whether a person may carry a "back-up")?

    Answer.

    Yes. A person who possesses a permit issued under Tenn. Code Ann. 39-17-1315(b) may carry more than one handgun or firearm in succession, or at a time, so long as the permit holder complies with all of the relevant statutes regarding weapons.

    Analysis.

    The permit statute uses the singular: "a person wishing to carry a handgun shall apply to the sheriff of teh county of such person's principal place of residence for a handgun permit." section 39-17-1315(b) (emphasis supplied). Generally, however, a statute using the sigular must be deemed to include the plural unless the contrary intention is manifest: "Singular includes the plural and the plural the singular, except when the contrary intention is manifest." Tenn. Code Ann. 1-3-104(c). This office has previously opined that "[a] permit to carry a handgun issued to Tenn. Code Ann. 39-17-1315 is not restricted to a specified handgun, but rather allows a permit holder to carry any handgun that the permit holder lawfully owns and/or possesses." Op. Tenn. Atty. Gen. 95-025 (March 28, 1995) at 2. (Copy attached). Thus the statute does not manifestly indicate an intention to limit the number of handguns that may be carried in succession pursuant to a permit or that may be carried at any one time pursuant to a permit. Therefore the statute must be deemed to include the plural, and a person who possesses a permit issued under 39-17-1315(b) may carry more than one handgun at a time so long as he complies with all other applicable firearm statutes.


    (39-17-1315 has repealed and 39-17-1351 has relaced it since the opinion was given)


    I'm not not an attorney so carry at your own risk.

  2. #2
    Campaign Veteran
    Join Date
    Jul 2008
    Location
    Lobelville, Tennessee, USA
    Posts
    2,615

    Post imported post

    As far as I know, there is no law prohibiting the carry of multiple handguns as long as you have a HCP.

    HOWEVER...

    Keep in mind that in alomst every mass shooting case in recent history, the shooter(s) carried and used multiple handguns to carry out their murder sprees. Don't be surprised if OC of multiple handguns and extra magsdraws a pack of LEO to your location, to investigate.

  3. #3
    Regular Member
    Join Date
    Mar 2007
    Location
    Centreville, Virginia, USA
    Posts
    1,761

    Post imported post

    So Kwik, are you going to be giving this a shot as well?

  4. #4
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post

    I've asked the question on a few forums and no one could give me an answer. So, after a little research through the public information act I requested a copy of this AG opinion. Now that I understand why the law was written and that it does allow multiple handgun carry I will begin to carry multiple handguns. I'll have at least one as open carry and the rest concealed. The point is carrying multiple handguns appears to be legal in Tennessee.

  5. #5
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post

    Task Force 16 wrote:
    As far as I know, there is no law prohibiting the carry of multiple handguns as long as you have a HCP.

    HOWEVER...

    Keep in mind that in alomst every mass shooting case in recent history, the shooter(s) carried and used multiple handguns to carry out their murder sprees. Don't be surprised if OC of multiple handguns and extra magsdraws a pack of LEO to your location, to investigate.
    I carried one handgun in Radnor Park and nine law enforcement officers showed up without me asking. If I carry two handguns how many will show up? How about two AK type pistols?

  6. #6
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post

    bohdi wrote:
    So Kwik, are you going to be giving this a shot as well?
    Yes, what happens in a self defense situation when someone takes my AK pistol? I'd like to have a backup or two just in case.

  7. #7
    Regular Member
    Join Date
    Mar 2007
    Location
    Centreville, Virginia, USA
    Posts
    1,761

    Post imported post

    Right. So do you plan on taking your AK pistol and one of your other weapons for a walk on your business in the park where you went last time or are you going for a more public venue like down town? I guess I should have been a bit more direct in my last question, my apologies.

  8. #8
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post

    I'll post something if I am detained or arrested either here or on my blog.

  9. #9
    Regular Member
    Join Date
    Mar 2007
    Location
    Centreville, Virginia, USA
    Posts
    1,761

    Post imported post

    Well you ought to post something if nothing at all happens as well.....on a daily basis when you carry

  10. #10
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post

    I carry a handgun everywhere I go except where prohibited by law. I don't carry the orange Romanian Draco AK-47 type pistol everyday.



  11. #11
    Regular Member
    Join Date
    Mar 2007
    Location
    Centreville, Virginia, USA
    Posts
    1,761

    Post imported post

    You should if you are trying to normalize that type of carry.

  12. #12
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post

    bohdi wrote:
    You should if you are trying to normalize that type of carry.
    It is against city ordinance to carry a loaded handgun in the city where I live. Even with a handgun carry permit.

  13. #13
    Regular Member
    Join Date
    Mar 2007
    Location
    Centreville, Virginia, USA
    Posts
    1,761

    Post imported post

    Ok, well what about unloaded? That's the way they have to do it in California.

  14. #14
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post

    bohdi wrote:
    Ok, well what about unloaded? That's the way they have to do it in California.

    Unloaded and no ammunition in the vicinty is fine. At least in CA they can carry loaded mags on their person.

  15. #15
    Regular Member
    Join Date
    Mar 2007
    Location
    Centreville, Virginia, USA
    Posts
    1,761

    Post imported post

    Sounds like a solution.

  16. #16
    Regular Member
    Join Date
    May 2006
    Location
    Burton, Michigan
    Posts
    3,361

    Post imported post

    kwikrnu wrote:
    bohdi wrote:
    You should if you are trying to normalize that type of carry.
    It is against city ordinance to carry a loaded handgun in the city where I live. Even with a handgun carry permit.
    You've got to be kidding right???? You're saying in the State of Tennessee, a HCP holder is not exempt from the otherwise prohibited areas (cities), even if they CC.

  17. #17
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post






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



    a) Except as provided in § 39-17-1311(d), which allows counties and municipalities to prohibit the possession of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by a county, a municipality or instrumentality thereof, 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 this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.

  18. #18
    State Researcher HankT's Avatar
    Join Date
    Feb 2007
    Location
    Invisible Mode
    Posts
    6,217

    Post imported post

    kwikrnu wrote:
    I've asked the question on a few forums and no one could give me an answer. So, after a little research through the public information act I requested a copy of this AG opinion. Now that I understand why the law was written and that it does allow multiple handgun carry I will begin to carry multiple handguns. I'll have at least one as open carry and the rest concealed. The point is carrying multiple handguns appears to be legal in Tennessee.
    Approx. two months ago, there was one guy here talking about carrying 18 GLOCKs (simultaneously). I asked him which ones and he said they would be a mixture of G21s and G30s.

    I think he might have been in Tennessee, but I don't remember for sure.

    Will seeif I can find the thread. It may help.

  19. #19
    Regular Member
    Join Date
    Apr 2009
    Location
    , ,
    Posts
    32

    Post imported post

    kwikrnu wrote:
    bohdi wrote:
    You should if you are trying to normalize that type of carry.
    It is against city ordinance to carry a loaded handgun in the city where I live. Even with a handgun carry permit.
    You are talking about Nashville? Shows me the code that was put in place before 1986.

    Matthew

  20. #20
    Regular Member
    Join Date
    May 2006
    Location
    Burton, Michigan
    Posts
    3,361

    Post imported post

    HankT wrote:
    kwikrnu wrote:
    I've asked the question on a few forums and no one could give me an answer. So, after a little research through the public information act I requested a copy of this AG opinion. Now that I understand why the law was written and that it does allow multiple handgun carry I will begin to carry multiple handguns. I'll have at least one as open carry and the rest concealed. The point is carrying multiple handguns appears to be legal in Tennessee.
    Approx. two months ago, there was one guy here talking about carrying 18 GLOCKs (simultaneously). I asked him which ones and he said they would be a mixture of G21s and G30s.

    I think he might have been in Tennessee, but I don't remember for sure.

    Will seeif I can find the thread. It may help.
    In Michigan, we get the same argument that our CPL (Concealed Pistol License) only allows the carry of one pistol, apparently due to the singular "Pistol" in CPL. This, however, is not the case since no such statue exists.

    And, what on Earth would anyone want to carry (OC or CC) 18 pistols--it's stupid on many levels. A Glock 21, loaded (13+1) weighs approximately 2.4 lbs. The Glock 30, loaded (10+1), weighs approximately 2.2 lbs. No matter how you mix or match, with 18 pistols, the ammo and accessories, that would be about 50 lbs. I don't see how anyone could go about their daily business/life carrying 18 Glocks nor do I see any benefit to it whatsoever.

  21. #21
    Regular Member
    Join Date
    Apr 2009
    Location
    , ,
    Posts
    32

    Post imported post

    kwikrnu wrote:





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



    a) Except as provided in § 39-17-1311(d), which allows counties and municipalities to prohibit the possession of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by a county, a municipality or instrumentality thereof, 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 this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.
    The problem is that 1311 is ONLY for parks and things like parks (greenways, etc.) Any city code still on the books against carry period is illegal. The ONLY law that is not automatically override by state law is the parks carry law IF it was in place by 1986 (like the city of Knoxville.) Therefore, it's legal to carry in ANY city/county in TN if you have an HCP. Now carrying in local parks is another story.

    Matthew

  22. #22
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post

    macville wrote:
    kwikrnu wrote:
    bohdi wrote:
    You should if you are trying to normalize that type of carry.
    It is against city ordinance to carry a loaded handgun in the city where I live. Even with a handgun carry permit.
    You are talking about Nashville? Shows me the code that was put in place before 1986.

    Matthew
    Brentwood Tennessee.



    Nashville has an exception for those with handgun carry permits.

  23. #23
    Banned
    Join Date
    May 2008
    Location
    Brentwood, Tennessee
    Posts
    1,956

    Post imported post

    macville wrote:
    kwikrnu wrote:






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



    a) Except as provided in § 39-17-1311(d), which allows counties and municipalities to prohibit the possession of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by a county, a municipality or instrumentality thereof, 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 this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.
    The problem is that 1311 is ONLY for parks and things like parks (greenways, etc.) Any city code still on the books against carry period is illegal. The ONLY law that is not automatically override by state law is the parks carry law IF it was in place by 1986 (like the city of Knoxville.) Therefore, it's legal to carry in ANY city/county in TN if you have an HCP. Now carrying in local parks is another story.

    Matthew
    According to you? 39-17-1314 clearly states that no city can regulate except as provided for in 39-17-1311 and SHALL NOT AFFECT THE VALIDITY OF ANY ORDINANCE OR RESOLUTION LAWFULLY ENACTED BEFORE APRIL 8, 1986.

    The legislature just rewrote 39-17-1314 and did not change the end wording. What does the last wording mean if you do not agree with me?



  24. #24
    Regular Member
    Join Date
    Jun 2008
    Location
    The south land
    Posts
    1,230

    Post imported post

    SpringerXDacp wrote:
    kwikrnu wrote:
    bohdi wrote:
    You should if you are trying to normalize that type of carry.
    It is against city ordinance to carry a loaded handgun in the city where I live. Even with a handgun carry permit.
    You've got to be kidding right???? You're saying in the State of Tennessee, a HCP holder is not exempt from the otherwise prohibited areas (cities), even if they CC.
    Was the city law passed prior to 1986? If they have been passed after preemption was enacted--then they are illegal under state law.

  25. #25
    Regular Member
    Join Date
    Apr 2009
    Location
    , ,
    Posts
    32

    Post imported post

    According to you? 39-17-1314 clearly states that no city can regulate except as provided for in 39-17-1311 and SHALL NOT AFFECT THE VALIDITY OF ANY ORDINANCE OR RESOLUTION LAWFULLY ENACTED BEFORE APRIL 8, 1986.

    The legislature just rewrote 39-17-1314 and did not change the end wording. What does the last wording mean if you do not agree with me?

    Except, the laws you posted talked about the intent to go armed and the HCP is a DEFENSE to that crime. So while they may have been passed before 1986 (kinda doubtful) I fully believe that the defense to going armed trumps their law because of the wording they used.

    Have you asked the police in those cities if it's illegal to carry even with an HCP?

    Matthew

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •