Quick Question

To drive to Nashville and back from Kentucky, do I need a permit or is it allowed to carry with me, in my vehicle, a shotgun or rifle, loaded or unloaded? Thanks.

Hey there.
If you have a carry permit from ky then you can carry a handgun loaded with one in the chamber. Also with a carry permit, you can have a magazine loaded but no rounds chambered in a rifle or shotgun. You can only chamber a round in self defense. According to federal law, any citizen who can lawfully posses a firearm can transport it cased and unloaded in any state. So to answer your question if you do not have a permit, the firearm needs to be cased unloaded with the ammo stored seperatly from the firearm. Wouldn't bring any loaded mags eiher unless you have a permit.

utbob2004 said:

Hey there.
If you have a carry permit from ky then you can carry a handgun loaded with one in the chamber. Also with a carry permit, you can have a magazine loaded but no rounds chambered in a rifle or shotgun. You can only chamber a round in self defense. According to federal law, any citizen who can lawfully posses a firearm can transport it cased and unloaded in any state. So to answer your question if you do not have a permit, the firearm needs to be cased unloaded with the ammo stored seperatly from the firearm. Wouldn't bring any loaded mags eiher unless you have a permit.

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That's pretty much it.

Other than nothing in TN law requires the firearm to be in a case.

And there are very specific requirements to the Federal protection, and you have to meet all of them for it to apply. You can't simply keep the firearm unloaded and locked in the trunk for everyday trips to town, even while vacationing in another state. It is only for journeys from one place you can legally carry, to a place in another state where you can legally carry.

What BB said only applies if you are going to appeal to federal protection. Every state is different, some states, (NY, NJ, MA and MD come to mind) you may need that federal protection, and you would want to comply with the federal restrictions...

Other states have different laws, and they may be a lot looser than federal law. Loaded long gun restrictions are usually under game regulations, loaded handguns fall under CC or other laws. Look up the applicable TN law at www.handgunlaw.us or here on OCDO both have links to the specific laws.

If you have a permit to carry can also make a lot of difference.

hermannr said:

... Loaded long gun restrictions are usually under game regulations, loaded handguns fall under CC or other laws.

Click to expand...

In TN, while there are rules about vehicles while hunting, general possession of both handguns and long guns is covered under the Weapons statutes.

It's pretty simple really. If you don't have a carry permit (TN honors ALL other states' permits, btw):

"39-17-1308. Defenses to unlawful possession or carrying of a weapon.

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon"

This is pretty much a reiteration of the second part of § 39-17-1306, where the loaded long gun is allowed for permit holders:

"(e) (1) It is an exception to the application of subsection (a) [unlawful possession or carry] that a person authorized to carry a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber. However, the person does not violate this section by inserting ammunition into the chamber if the ammunition is inserted for purposes of justifiable self-defense pursuant to § 39-11-611 or § 39-11-612.

(2) It is an exception to the application of subsection (a) that a person who is not authorized to possess a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber or cylinder, and no clip or magazine containing ammunition is inserted in the rifle or shotgun or is in close proximity to both the weapon and any person."

That's it. How "separated" the weapons and ammo should be is up to LEO's interpretation; so best to do as widely as possible, and sure, locking one or the other up in container certainly couldn't do anything but stress your not "going armed" intent. But as FG mentions, there is no statutory requirement to have anything boxed, cased, or locked.

- OS