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39-17-1351. Handgun carry permits



  1. Please feel free to comment on this page. Lets share the knowledge.

  2. The Legislature still allows cities to enforce gun laws they had on the books prior to April 1986 (see tca 39-17-1314) you need to be careful where you carry.

    Here is one such example. Thinking of calling the local PD to verify if this is enforceable.

    Brentwood city ordinance

    Sec. 42-161. Weapons and firearms generally.

    (a)It shall be unlawful for any person to carry in any manner whatever, with the intent to go armed, any razor, dirk knife, blackjack, brass knucks, pistol, revolver or any other dangerous weapon or instrument. However, the prohibitions herein shall not apply to members of the United States armed forces carrying such weapons as are prescribed by applicable regulations, nor to any officer or police officer engaged in his official duties, in the execution of process, or while searching for or engaged in arresting persons suspected of having committed crimes. Furthermore, the prohibitions herein shall not apply to persons who may have been summoned by such officer or police officer to assist in the discharge of his duties, nor to any conductor of any passenger or freight train of any railroad while he is on duty.

  3. Can someone tell me why certain people have to challenge everything?
    You went through everything to get your CC permit and you want to see how for you can push before you make someone up set.

    I found the perfect example over on
    I titled his example
    Keep it in your pants.

    Here is scenario.

    You carry past an "illegal" sign. Manager sees gun and calls a cop. Cop arrives and you are still in store. Manager is off the hook, doesn't have to swear out warrant, doesn't have to testify. Maybe you're even open carrying, ala Kwik.

    Cop sees you are carrying or asks if you are carrying.

    You: "yeah, but the sign is illegal as per 39-17-1359.

    Cop: was the intent of the sign not clear to you?

    You: "yeah, but it's not binding"

    Cop: "That's really splitting hairs and I'm not a judge or a lawyer, we'll let them decide".

    So unless you go nuts or something at that point to where he takes you in, possibly for an additional charge, he writes you a summons for a Class B misdemeanor. He might also take your heater as evidence.

    So you have a court date. Now, you've already lost some things even if you win.

    Do you get a lawyer? If you don't, you of course have a fool for a client. If you do, unless the mouthpiece is family or friend or can prove you're poor enough for public defender, you've already just lost more even if you win.

    Gonna ask for a jury trial? On advice of counsel, and largely because of the dollar factor he'd want for a jury trial, probably not.


    Judge: "You admit carrying past a notice that said "Guns Not Allowed"?

    You (or lawyer): "Yes, but the sign was non-conforming according to 39-17-1359"

    Judge: "Was not the intent of the sign clear to you?" You could lie and say no, which of course the judge will just chalk up as the lie it is or

    You/lawyer: "Yes, but since it is not binding under the statute, it did not prevent me from legally carrying in the store."

    Judge: "The statute clearly says that the business is authorized to prohibit the possession of weapons by any person by posting a written notice, and though the notice does indeed vary from the prescribed content of the verbiage therein, there is no penalty for the business for having deviated from such wording, and furthermore there is no provision in the statute to exonerate a person who carries past such non-conforming signage, and since the wording was perfectly clear under the intent of the statute, I find you guilty, fine you $500 as prescribed in the statute, and will forward the findings of the case over to TNDOS for any further actions under 39-17-1352 as regards your TN carry permit."

    Now you have a Class B 'Meanor on your record, TNDOS is going to decide whether to suspend or revoke your HCP, you have less money, and now can only appeal, and the finance and hassle factors skyrocket. And you likely still don't even have your heater back.

    Now, maybe you win on appeal. You're a minor hero to us fellow carriers, and maybe you can even solicit donations to get you back in the black. Maybe it even forces additional language into the statute to make it crystal clear. Maybe you lose on appeal and can't afford to take it any higher. Maybe TNDOS has decided to act as per 39-17-1352 and you don't have an HCP. Got the bucks/time to fight that one too? Now you're also a pariah to us fellow carriers.

    Either way, significant case law is now established that would take a higher court to change.

    So, I think some of you guys who are so sure that "illegal" signage is cool should just start open carrying past all of them you can until one of you becomes the hero or goat. ;)

    - OS