I don’t have a permit to carry a handgun. I would like to know the laws regarding transporting a handgun in a vehicle legally. How do I legally store the gun and the ammunition? I only intend to have the gun in my car when I’m going to the firing range.
Thanks-
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I found the law. Basically, lock it up, unloaded, out of reach. Keep the ammo separate and also out of reach, and only take it with you when you’re going to the range. Do yourself a favor and get your carry license.
I would also add, this statute is a "defense to prosecution." Although it should serve to preclude any harassment by law enforcement, they technically can arrest you, and prosecute you for unlawful carrying of a weapon. In that case, this statute is you defense, and you would win the trial. That is unlikely to happen, as TN police officers are pretty relaxed about these things, but it would obviously wreck a significant portion of your year. Get your carry license.
Tenn. Code Ann. § 39-17-1308(a)(1). In it’s entirity:
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;
(2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;
(3) At the person’s:
(A) Place of residence;
(B) Place of business; or
(C) Premises;
(4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;
(5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;
(6) By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer’s official duties;
(7) By a state, county or municipal judge or any federal judge or any federal or county magistrate;
(8) By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;
(9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws; or
(10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and the provisions of this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state.
(b) The defenses described in this section are not available to persons described in § 39-17-1307(b)(1).
HISTORY: [Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 7; 1993, ch. 200, § 1; 1996, ch. 1009, §§ 20, 21; 1997, ch. 476, § 3; 1999, ch. 295, § 1; 2003, ch. 144, § 2.]
NOTES:
Sentencing Commission Comments.
This section establishes defenses for certain persons in the scope of their employment and for other lawful behavior such as hunting or in certain locations. Subdivision (a)(1) provides a defense if the firearm was not concealed or loaded and if the ammunition was not in the immediate vicinity of the person or the weapon. Subdivision (a)(2) provides a defense if the person has a written directive or permit to carry a handgun. Subsection (b) makes these defenses unavailable to certain convicted felons.