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DaneA
07-17-2012, 18:11
Ok, I can't find the info I'm looking for.
Scenario:
Driving in a public park that is posted no guns in the state of TN. Is it legal to have a gun on you if you do not exit your vehicle?

Reference to applicable law would be appreciated.

robhic
07-18-2012, 16:43
Check your state: http://www.handgunlaw.us/ good luck.

DaneA
07-18-2012, 17:24
Check your state: http://www.handgunlaw.us/ good luck.

Thanks but I've already been there.


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bustedknee
07-18-2012, 18:04
When there is a sign posted that reads, "No Guns" most folks choose to heed it or ignore it.

But you don't understand what it means?
What am I missing?

I know TN likes their stupid laws, like no hunting with a semi-auto 22, et al....



:shocked:

DaneA
07-18-2012, 18:46
But you don't understand what it means?
What am I missing?



:shocked:

It is not an offense under this subsection (c) for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property.
and
It is an affirmative defense to prosecution under 39-17-1309(a)-(d) that the person's behavior was in strict compliance with the requirements of one (1) of the following classifications:

(4) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle.


The TN code excludes vehicle carry from an offense on school property. My question is if something like this applies to posted public properties such as a park.

SgtScott31
07-19-2012, 00:34
The TCA you're referring to is an affirmative defense to the charge of carrying on school property. It is not referencing unlawful carry w/intent to go armed (39-17-1307) at parks, civic centers, etc.

My first question would be if you actually have a Handgun Carry Permit (HCP). If not, carrying in your vehicle at all if the weapon is within reach is illegal.

If you DO have a HCP, the new law allows you to carry in a state park.

If you are in a park not owned by the state, it varies. Some towns/cities opted out of the state law and continued to ban weapons (including handguns) from their parks. This includes those who also have permits. This information is under TCA 39-17-1311.

Under (b)(1) you are exempt if you have a HCP (at a state park) or if you are in any park solely for "picking up/dropping off passengers and the weapon remains in the vehicle."

You have to strictly conform to the picking up/dropping off function. If you use this as an excuse to the officer and he has evidence to prove otherwise, you will likely be arrested. That's outlined here:

(2) At any time the person's behavior no longer strictly conforms to one (1) of the classifications in subdivision (b)(1), the person shall be subject to the provisions of subsection (a).