Help Understanding TN Gun Laws

#1
Vol8188

Vol8188

revolUTion in the air!
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#1
I have a cousin under 21 and I'm trying to see if he can legally carry a handgun in his vehicle. I know you don't need a permit in TN to carry a loaded handgun in your vehicle. But I'm not certain of age requirements.

Here's the link to the law in question, but if references two other laws that I'm having a hard time finding on my phone:

http://www.tn.gov/sos/acts/108/pub/pc0870.pdf
 
#2
#2
Here's one of the two laws referenced:

http://law.justia.com/codes/tennessee/2010/title-39/chapter-17/part-13/39-17-1307
 
#11
#11
The Orange Pants said:
Won't be open. Sunday is free reign for criminals. No police.
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They'll probably pass my question off to someone who works an office job within the department. Just like they did my question about the new gun permit law concerning veterans (which the gun never called back about).

So most likely, they won't be in.
 
#12
#12
I would not call the police. They are in charge of enforcing the law, not necessarily understanding it. A person over 18 can be in possession of a handgun in TN but you would be better served to search TCA yourself for that reference.
 
#13
#13
DancingOutlaw said:
I would not call the police. They are in charge of enforcing the law, not necessarily understanding it. A person over 18 can be in possession of a handgun in TN but you would be better served to search TCA yourself for that reference.
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That's what I'm seeing based on the referenced laws. Is that you need to be 21 for a permit, but just 18 to own one. So my 20 yr old cousin should have no issues of his uncle buys him his first revolver as long as he doesn't carry it outside of his home or vehicle
 
#14
#14
Vol8188 said:
I have a cousin under 21 and I'm trying to see if he can legally carry a handgun in his vehicle. I know you don't need a permit in TN to carry a loaded handgun in your vehicle. But I'm not certain of age requirements.

Here's the link to the law in question, but if references two other laws that I'm having a hard time finding on my phone:

http://www.tn.gov/sos/acts/108/pub/pc0870.pdf
Click to expand...

I am an attorney licensed in Tennessee and Florida, and I concur that you should NOT ask law enforcement for legal advice on what the law states.

Here is my understanding of the law. The statute you cited refers to legal possession under state and federal law. What that means is, if possession is prohibited by federal law, it will also be prohibited by Tennessee law. A licensed firearms dealer may not sell or deliver firearms other than shotguns or rifles (translation: handguns) to any person the dealer knows or reasonably believeso is under 21. However, this restriction is not applicable to unlicensed persons. Under federal law, an unlicensed person may not sell, deliver, or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or reasonably believes to be under 18.

So, if your cousin is between 18-21, under federal law he can't buy a handgun from a gun dealer, but he can legally obtain and possess a handgun from another unlicensed person. Hope this answers your question.
 
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#17
#17
DancingOutlaw said:
I would not call the police. They are in charge of enforcing the law, not necessarily understanding it. A person over 18 can be in possession of a handgun in TN but you would be better served to search TCA yourself for that reference.
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You just said a mouth full right here. Wow...
 
#18
#18
Rasputin_Vol said:
You just said a mouth full right here. Wow...
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It's true. That's not limited to cops either. If you have a firearms question you don't call the ATF. You would get an agent in the phone and your "answer" is completely useless as it's basically an opinion. An agent is not an attorney, a legislator, judge or policy maker. It is a person that works for the enforcement arm of the system. They don't write the law or interpret them. They investigate and collect evidence for cases. You are much better off reading the code and regs yourself, or court cases where applicable. IRS same way, if you're calling the IRS for tax advice you are asking for trouble. And if you were to be audited and attempted to rely on that "advice" they'd tell you it's worthless.
 
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#19
#19
If he times it just right, 6 months before he turns 21 he can take the Handgun Carry Permit course in TN and when his 21st birthday rolls around he can go to the dmv and get fingerprinted and have his permit arrive in the mail 7-10 business days.

It's legal for him to transport a handgun in the car but he cannot carry outside the car, home, or range.

Using it for self defense he needs to read and understand the stand your ground laws and know when his life or someone else inside the car or home is threatened.
 
#20
#20
BEATBAMA12 said:
If he times it just right, 6 months before he turns 21 he can take the Handgun Carry Permit course in TN and when his 21st birthday rolls around he can go to the dmv and get fingerprinted and have his permit arrive in the mail 7-10 business days.

It's legal for him to transport a handgun in the car but he cannot carry outside the car, home, or range.

Using it for self defense he needs to read and understand the stand your ground laws and know when his life or someone else inside the car or home is threatened.
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My understanding is that you can't kill someone to protect your property in tn? If so, that's more reason why you should be able to argue for jury nullification
 
#21
#21
Vol8188 said:
My understanding is that you can't kill someone to protect your property in tn? If so, that's more reason why you should be able to argue for jury nullification
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Correct, shooting someone breaking into your car in the driveway is unjustified. Someone breaking into your home is another matter. There are also issues with third party defense that need to be understood as well. End of the day your are responsible for every round that leaves your gun.
 
#22
#22
DancingOutlaw said:
Correct, shooting someone breaking into your car in the driveway is unjustified. Someone breaking into your home is another matter. There are also issues with third party defense that need to be understood as well. End of the day your are responsible for every round that leaves your gun.
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Put me on one of those juries. I'm all about nullifying bad laws. The power belongs to the citizens, not the courts.
 
#23
#23
Vol8188 said:
Put me on one of those juries. I'm all about nullifying bad laws. The power belongs to the citizens, not the courts.
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Unlikely you would ever be seated on such a jury, my friend. Your opinions on firearms would be explored during jury selection and you would likely be stricken by the state attorney. And if you did make it on the jury, and your opinions were discovered after the fact, that could be a basis for a new trial.
 
#24
#24
UTVolinExile said:
Unlikely you would ever be seated on such a jury, my friend. Your opinions on firearms would be explored during jury selection and you would likely be stricken by the state attorney. And if you did make it on the jury, and your opinions were discovered after the fact, that could be a basis for a new trial.
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We really need to be able to argue for jury nullification in this state
 
#25
#25
Vol8188 said:
We really need to be able to argue for jury nullification in this state
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Jury nullification is a feature of our system of justice. Juries can always make their own determination about whether a crime has been committed. What they can't do is lie when questioned during selection. This is what happened in the Vandy rape case. One juror did not disclose when asked that she had been a victim of sexual assault. It resulted in a new trial.
 
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