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Thread: Home protection weapon???

  1. #1
    scubabeme
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    Home protection weapon???

    A little off the OC topic, but my daughter lives in Nashville (I'm in CO) and said that without a carry permit that the only thing she can use for home protection is a shotgun. Any truth to that?

  2. #2
    Campaign Veteran Schlitz's Avatar
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    I'm not an expert on Tennessee law, but I feel that if this was indeed the case there would be out cries from all over about how stupid this was. It sounds a bit rediculous. Your daughter basically told you it is a crime to shoot an armed intruder in your home with a handgun?

    Sounds like legal advice from a cop or gun store owner. They usually spew this type of crap.
    Last edited by Schlitz; 10-03-2011 at 01:36 PM.
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

  3. #3
    scubabeme
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    That's why I'm asking here. Sounds stupid to me as well. She is going to get a permit, but in the interim...

  4. #4
    Regular Member Fallguy's Avatar
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    You do not need a carry permit or any other type of permit to have a firearm (handgun, rifle or shotgun) in your home in TN.

    A Handgun Carry Permit is only good for Handguns on your person in TN. If you have a HCP it allows you to have a loaded long weapon in your vehicle as long as there is not a round in the chamber.

    If she was told she couldn't have a handgun in her home without a carry permit, she was given some VERY BAD advice.
    "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

  5. #5
    scubabeme
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    Are you able to cite something I can send to her?

  6. #6
    Regular Member Fallguy's Avatar
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    Here is a link to TN law. http://www.lexisnexis.com/hottopics/tncode/

    Weapons laws are under Title 39, Chapter 17, Part 13.

    Of course most laws tell you things that you can't do, not things you can. So there is nothing I can cite directly that says you can have a handgun in your home.

    39-17-1307 it was makes it generally illegal to have a firearm in TN. If you look at 39-17-1308(a)(3)(A) you can see that being at your home is a defense against that charge and that it doesn't apply to any type of weapon and that having a permit is a whole different defense under sub-section (2)
    Last edited by Fallguy; 10-03-2011 at 04:22 PM.
    "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

  7. #7
    scubabeme
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    Thanks!

  8. #8
    Regular Member Fallguy's Avatar
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    No problem.

    And although she doesn't need it for home defense, I'm glad she is getting a carry permit.
    "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

  9. #9
    scubabeme
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    Me too. Been gently nudging, but recent events have been more convincing.

  10. #10
    Campaign Veteran Schlitz's Avatar
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    Quote Originally Posted by Fallguy View Post

    Of course most laws tell you things that you can't do, not things you can. So there is nothing I can cite directly that says you can have a handgun in your home.
    This can be the hardest part new people have to wrap their heads around. Laws outlawing things. No one had to make a law to say you could wear a red hat as opposed to a green hat when you went outside.
    You can't cite what doesn't exist.

    Tell your daughter to get a GLOCK!!!!!!!!
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

  11. #11
    Regular Member Fallguy's Avatar
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    Quote Originally Posted by Schlitz View Post
    This can be the hardest part new people have to wrap their heads around. Laws outlawing things. No one had to make a law to say you could wear a red hat as opposed to a green hat when you went outside.
    You can't cite what doesn't exist.

    Tell your daughter to get a GLOCK!!!!!!!!
    LOL...funny you should mention a red hat, I usually use a red shirt.

    If someone wants me to show them the law that says xxxx is legal. I say where is the law that says wearing a red shirt it legal? There isn't one...the fact there is no law against it makes it legal.

    Of course in the case while not specific, there are general laws on topic of the OP.
    "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

  12. #12
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    Quote Originally Posted by scubabeme View Post
    A little off the OC topic, but my daughter lives in Nashville (I'm in CO) and said that without a carry permit that the only thing she can use for home protection is a shotgun. Any truth to that?

    If you are on your home property--inside the dwelling or on the lawn or a business YOU OWN--you can carry a handgun in Tennessee without a permit. You only need a permit IF and only IF you step off your PERSONAL PROPERTY and onto a street, or sidewalk in Tennesee.

    make sure she never leaves her property with the firearm or she could be and probably would be arrested for a violation of Tennessee law.

    As far as a home defense weapon goes--a handgun is a good one, a decent shotgun--like the Rem. 870 Tactical or a Benelli tactical shotgun would be great or an M4 clone like the Bushmaster or Colt--although ideally you want something that while stopping the intruder-won't over penetrate and hit something unintended by accident.

    This is how I understand the law--am I mistaken ?

  13. #13
    Regular Member Fallguy's Avatar
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    Well you can take a firearm off your property if it is unloaded....

    As far as home protection...I've always thought a short barrel shotgun was little better than a handgun....
    "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

  14. #14
    scubabeme
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    They are using a borrowed SG for the time being. OP was to get clarification, expecting it to be a case of "handguns aren't explicitly forbidden" as is seems to be.

  15. #15
    Regular Member Kingfish's Avatar
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    Quote Originally Posted by Schlitz View Post
    Tell your daughter to get a GLOCK!!!!!!!!
    One size fits all? Yeah, right.

  16. #16
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    Fallguy is correct. Although there's technically no law that says "x can have a handgun in their home," he cited the applicable laws about what is not permitted. I'm a LEO and I can tell you there's no permit (HCP) requirement for a weapon in the home.

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