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Thread: question regarding transportation

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    question regarding transportation

    I am a va resident but often go to tennessee. is it legal for me to have my glock (loaded) inside my truck? can i be in possession of a shotgun or rifle- unloaded? I am under 21 yrs of age.

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    Regular Member Fallguy's Avatar
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    TN honors all other states permits..."as if issued by TN" However TN only issues permits to those 21 and over.

    I am not aware of any court cases or legal opinons on whether an out of state permit issued to someone under 21 is valid in TN for sure or not.

    But if you do not have a permit, you can not have any loaded firearm in your vehicle.

    If you do have a permit you can have a loaded handgun and a long gun can have a loaded magazine/tube as long as a round is not in the chamber.

    Any firearm can be transported if unloaded without a permit. To be considered unloaded the firearm must "not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon."
    Last edited by Fallguy; 11-26-2011 at 05:59 PM.
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    so if i take my magazine out and say put it in my glovebox and leave the pistol holstered and unloaded in the passenger seat, is that fine?

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    Regular Member xmanhockey7's Avatar
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    From what I can tell per Tennessee law there is no statutory age to carry, simply an age to obtain a Tennessee permit and the state of North Dakota seems to agree http://www.ag.nd.gov/bci/cw/reciprocity.htm. While I am not a lawyer I do believe this is true. If the OP is so inclined he could obtain a Maine CFP that would allow him to carry in Tennessee. But he would have to go through some sort of pistol training and be willing to wait about 3 months. But it would allow him to carry in several states and if he got that then obtained a New Hampshire permit that would even greatly expand the reciprocity. I know this is slightly off topic but it seems many that are under 21 don't realize they can do this.
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    Regular Member Fallguy's Avatar
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    Quote Originally Posted by jefft2905 View Post
    so if i take my magazine out and say put it in my glovebox and leave the pistol holstered and unloaded in the passenger seat, is that fine?
    As long as the LEO didn't consider the glove box and under the seat "in the immediate vicinity" of each other.

    Most people suggest putting the firearm in the trunk.
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    Quote Originally Posted by jefft2905 View Post
    I am a va resident but often go to tennessee. is it legal for me to have my glock (loaded) inside my truck? can i be in possession of a shotgun or rifle- unloaded? I am under 21 yrs of age.
    In Tennessee, the "age 18-20, but under 21" stuff comes in to play in two scenarios: you can't apply for a TN handgun carry permit (since you're a non-resident, you couldn't apply anyway), and you can't purchage a handgun or handgun ammo from a licensed dealer (federal law). Since I would assume you already have the gun and ammo in question, and since TN recognizes all permits regardless of age or requirements to get it, neither of these apply.

    However, like the other people said, TN doesn't allow any form of unlicensed carry, whether on foot or in the car, open or concealed. When transporting it in a car, it can't be concealed on or about the person; the ammo and gun must be separate; and the gun/ammo can't be "readily accessible." While this is somewhat up to the interpretation of the cop on the scene, it is recommended that persons without a permit transport it in the trunk or very back of the vehicle (if the latter, a lock on the case, while not expressly required, does make it less likely that an officer would construe it as "readily accessible").

    If you want to carry one loaded, I would suggest you get a non-resident permit from New Hampshire or Maine (they are two of the six states that will unconditionally offer permits to those age 18-20). Be careful about carrying in other states besides TN that "reciprocate" that state. As an example, Florida recognizes New Hampshire but requires that it's holder be age 21+ and a resident.
    "Eternal vigilance is the price of liberty."
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    Regular Member Fallguy's Avatar
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    Another thing to note, some states do not honor non-resident permits. Florida happens to be one of those also.

    But it does seem most states that don't honor non-resident permits issure their own non-resident permits...
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    Regular Member Kingfish's Avatar
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    Quote Originally Posted by jefft2905 View Post
    so if i take my magazine out and say put it in my glovebox and leave the pistol holstered and unloaded in the passenger seat, is that fine?
    In TN, a loaded magazine is the same as a loaded handgun. You must transport unloaded and out of reach with ammo in a separate location with magazines empty unless you have a permit.

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    Quote Originally Posted by Kingfish View Post
    In TN, a loaded magazine is the same as a loaded handgun. You must transport unloaded and out of reach with ammo in a separate location with magazines empty unless you have a permit.

    Do you have links to the law or court opinions that state such?

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    Regular Member Fallguy's Avatar
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    Quote Originally Posted by WCrawford View Post
    Do you have links to the law or court opinions that state such?
    T.C.A. 39-17-1301(18) "Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.

    http://www.lexisnexis.com/hottopics/tncode/
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    Quote Originally Posted by Fallguy View Post
    T.C.A. 39-17-1301(18) "Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.

    http://www.lexisnexis.com/hottopics/tncode/
    Hmm, forgot about that one. Thanks. I have to remember to make sure I don't let a magazine fall under the seats when I borrow the car of either my girlfriend or mother (their cars are bigger than mine for range trips).

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    Loaded or unloaded, I would not have a handgun within reach in your vehicle if you do not have a permit from TN or another state. A LEO could charge you under 39-17-1307 and I don't see the courts having a problem upholding it.

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    Quote Originally Posted by Fallguy View Post
    T.C.A. 39-17-1301(18) "Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.

    http://www.lexisnexis.com/hottopics/tncode/
    I have always thought that was a poorly worded statue (like many others), and the intent is that you can't have a loaded magazine in immediate vicinity, since it already suggests that you can't have a loaded mag IN the gun either.

    It says what it says, but I'd wager exactly zero LEOS out of thousand would claim your pistol in the trunk was loaded because it had an empty mag in it, and/or several other empty ones in same area.

    Hell, even TSA allows mags and guns in same case (in TN airports too), matter of fact, they allow LOADED mags in same case as long as mag is fully enclosed in some kind of container.

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