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scubabeme
Guest
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?
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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.
Sounds like legal advice from a cop or gun store owner. They usually spew this type of crap.
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scubabeme
Guest
That's why I'm asking here. Sounds stupid to me as well. She is going to get a permit, but in the interim...
Fallguy
Regular Member
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.
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.
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scubabeme
Guest
Are you able to cite something I can send to her?
Fallguy
Regular Member
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)
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)
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scubabeme
Guest
Thanks!
Fallguy
Regular Member
No problem.
And although she doesn't need it for home defense, I'm glad she is getting a carry permit.
And although she doesn't need it for home defense, I'm glad she is getting a carry permit.
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scubabeme
Guest
Me too. Been gently nudging, but recent events have been more convincing.
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!!!!!!!!
Fallguy
Regular Member
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.
suntzu
Regular Member
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 ?
Fallguy
Regular Member
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....
As far as home protection...I've always thought a short barrel shotgun was little better than a handgun....
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scubabeme
Guest
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.
Kingfish
Regular Member
One size fits all? Yeah, right.
SgtScott31
Regular Member
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.