Link to TN handgun laws - Page 2
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Thread: Link to TN handgun laws

  1. #11
    Gfd and Fallguy, you appear to be right. I have removed the attorney's etc.

    code 39-17-1306 states No person shall intentially, knowingly, or recklessly carry on or about the person while inside any room where judicial proceeding are in progress any weapon prohibited by 39-17-1302 for the purpose of going armed; provided that if the weapon is a firearm the person is in violation of this section regardless of whether such weapon is carried for the purpose of going armed. Any person violating this commits a class E felony.

    I am still going to call and I am not sure about the airports. I would be afraid to carry at an airport regardless of what they said :)
    Thanks guys!
    Last edited by DrDavidM; 10-04-2007 at 09:26 AM.
    David

    The only person available to protect you 24 hours a day is you.

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  3. #12
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    DavidÖ.first let me say, I hope my first post didnít come off wrong. I thought about it later that evening. New guy comes in, registers and then first thing starts saying all this-and-that. LOL

    I pretty much agree with you about the airports as well. At least in Memphis and Nashville, I donít see myself carrying into them.

    I must say while Iím disappointed, Iím not surprised to hear that you are finding out some of the things you learned in class are wrong. It seems people like us on this forum, that take the time to know and exercise our rights, know much more than the average person, and most of the time even more than most LEOís (no offense to any) when it comes to the laws regarding handguns and carry permits.

    The two best sources I have found for the laws etc.. are T.C.A. by Lexis Nexis (the section that deals with handguns and permits is Title 39, Chapter 17, Part 13) and TN Attorney General's Opinions

    The statues that have anything about prohibited places to carry areÖ

    39-17-1305. Possession of firearm where alcoholic beverages are served.
    *39-17-1306. Carrying weapons during judicial proceedings.
    39-17-1309. Carrying weapons on school property
    *39-17-1311. Carrying weapons on public parks, playgrounds, civic centers
    and other public recreational buildings and grounds
    Ö.and any place with a sign posted under 39-17-1359

    *39-17-1306 and 39-17-1311 actually donít mention handguns but a list of prohibited weapons found in 39-17-1302(a), of which a handgun is not one of them. That is why through my state representative I have requested an Attorney Generalís Opinion about whether it is legal for a person with a handgun carry permit to enter the premises of the places listed in the two statutes. I will for sure post the results when I get them.

    Look forward to talking with everyone more in the future!!

  4. #13
    No problem Fallguy. I am posting this to help everyone. The last thing I want is to have incorrect information. I truly appreciate your assistance.

    ps My wife just took her class and was told they were prohibited in any federal building. I would be nice if they could teach correct, consistant information. :)
    David

    The only person available to protect you 24 hours a day is you.

  5. #14
    I am more confused than ever now. I called the department of safety. They said they were prohibited in any government type building, including post office, court house, police station, etc
    David

    The only person available to protect you 24 hours a day is you.

  6. #15
    I have composed and sent a letter via snail mail to the director of handgun carry permit issuance at the TN Department of Safety in hopes of getting a clear accurate answer to this question.
    David

    The only person available to protect you 24 hours a day is you.

  7. #16
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    Quote Originally Posted by DrDavidM View Post
    I have composed and sent a letter via snail mail to the director of handgun carry permit issuance at the TN Department of Safety in hopes of getting a clear accurate answer to this question.

    Well as I said David...and I don't mean any disrepect to any, but as I said, lots of LEO's don't really know the law. I got the copy of the questions that my state rep submitted to the AG for me, I hope to have the answers soon. Now of course the AG's opinion is not the law of the land any more than the word of a LEO, but...the AG's office or his subordinates are the ones that would prosecute you. So if he doesn't think it is against the law, I don't think you would be charged even if the local sheriff didn't like it.

    I will say though....there is an excemption in 39-17-1359 (posting a sign) that says that any sign a goverment building/land (local, state, federal) had posted to prior to July 1, 2000 would meet the requirment to ban handguns. So if your city hall etc... had the internation no and gun sign, or just a sign that said no weapons or no guns prior to July 1, 2000 it is valid.

  8. #17
    Quote Originally Posted by Fallguy View Post
    I will say though....there is an excemption in 39-17-1359 (posting a sign) that says that any sign a goverment building/land (local, state, federal) had posted to prior to July 1, 2000 would meet the requirment to ban handguns. So if your city hall etc... had the internation no and gun sign, or just a sign that said no weapons or no guns prior to July 1, 2000 it is valid.
    Are you referring to this?

    (c) Any posted notice being used by a local, state or federal governmental entity on July 1, 2000, that is in substantial compliance with the provisions of subsection (a) of this section may continue to be used by the governmental entity.

    It does say that the bit about posting before 2000, but it says it has to be in substantial compliance with subsection (a) of the same (current) section in order to be continued to be used. Subsection (a) is the part where is says it has have "substaintially similar" wording.

    Wouldn't that mean it would still have to comply to that law? It seems to me it is saying that if the sign they used before 2000 is in compliance with the current law, they don't to put up a new sign. It does not seem to say (to me) that an old sign that is incorrect is "granfathered in."
    Last edited by robbiev; 10-03-2007 at 08:40 AM.
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  9. #18
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    Ah-Ha...I stand corrected. I would agree with you robbiev. That was the code I was reffering to and it does say "in substantial compliance".


    ...and David, if you haven't sent that letter to the DOS yet, ask them to refer to the statute of any place they say is off limits. Such as carrying in a place that serves alcohol is prohibited by 39-17-1305 and so on. Just as if they write you a ticket or tailgating they have to refer to 55-8-124; Passing in a no passing zone 55-8-121; Coasting 55-8-167 and so on the ticket.

  10. I have seen a couple of the old signs on goverment buildings around here, but for the life of me I can not tell what day they were put up. I do not think anyone at the court house could tell me either. So the way I see it any goverment building can post a ghost buster sign at any time and it is up to us to figure out what day they did it to be legal. Way to go, Tennessee, let's see how much more confusing you can make it.

  11. #20
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    I agree...maybe at the end of the day the best thing that could come from this is for the legislature to modify 39-17-1359 to include all the places off limits to HCP holders in one place.

    After I get the opinion back from the AG might be something to talk to my state rep about. Of course...the down side could be some places being added that aren't prohibited by statute right now.

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