In response to calls for increased gun control, there has been a countervailing movement of red states enacting bills that have been referred to as “constitutional carry” or “permitless carry” bills. Today, some have asserted that as many as 29 states are “constitutional carry” states; however, each state has a unique statutory code, and some are not as protective as the title “constitutional carry” suggests. As a law school extern working with the Tennessee Firearms Association, I was assigned the project to evaluate whether these 29 states have true constitutional carry.
MORE-Steve S6
I think the intern got it wrong as far as Tn goes. Every other source says 'open or concealed carry, any firearm, any place (with restriction list), 21 or over unless military. That's pretty damn clear. Maybe there's some weird nuance here in Tn, but just reading the various announcements etc it sounds like this article is wrong for Tn (which then would impeach it for any other state).
ReplyDeleteFrom the article: "A state has true constitutional carry if it does not criminalize the carrying of firearms in private or in public by those who may lawfully possess firearms. True constitutional carry encompasses both open and concealed carry, and it applies to both handguns and long guns (rifles and shotguns)."
DeleteAnd the "permitless carry" has a string of prerequisites that must be met in order to be legal:
"As of July 1, 2021, an adult can carry a handgun, openly or concealed, in Tennessee without a permit, if the person is:
21 or older (or 18 or older for certain military members) in lawful possession of the handgun (and not a prohibited person), and in a place where their presence is lawful.
Permitless carry is an exception to the law's general prohibition against carrying firearms with the intent to go armed. Under this exception, eligible individuals can carry handguns without a permit in locations that are not otherwise prohibited by law, posted as prohibiting firearms, or restricted to permit holders only.
The fly in the ointment about "permitless carry: if you encounter a cop while carrying, those factors cannot be determined on the side of the road; you have to go to court and YOU have to prove you're a lawful owner.
The real pisser is that in 2021, (like many years before) there was a TRUE Constitutional Carry Law bill in the Legislature, but the Governor didn't want it and according to the Legislator's "Leadership" "Permitless Carry is all we can get this year."
I submit that the permitless carry law is just the old law with a new coat of paint.
You might want to peruse TFA's most recent:
https://app.getresponse.com/view.html?x=a62b&m=BXxHYN&mc=JC&s=g4gp0V&u=izZc&z=EBDvCRN&
But I don't care anymore about Tennessee's chickenshit RINO Legislature; I'm old, crippled and I've decided I'll carry what, how, where and when I deem it necessary.
Fuck 'em.
One final question: I noticed that you can lose/be denied a carry permit in Tennessee if you have a recent DUI. Does any other state pull this shit?
Also in TN permitless carry does not allow you to carry in TN State Parks. And we still have law that you can't carry (even with CHL) with "intent to go armed" (why else would you CCW?).
DeleteI thought Tennessee reversed the carry on natl park prop law?
DeleteFar and away one of the best articles I've run across explaining why "Constitutional Carry" isn't necessarily a true description of the legal landscape depending on the state claiming to have it. Major takeaway: states like Oklahoma with defenses allowing carry that would otherwise be a violation of state law in fact establish probable cause for a LEO to detain an individual observed to be carrying.
ReplyDeleteMost uncool.
--Bob T.
My head hurts from reading this....
ReplyDeleteSo in MY opinion none have true constitutional carry because that would require NO laws restrictions on firearms in that state.. Also in MY opinion the state that comes closest to constitutional carry is Mississippi... Mississippi is an extremely gun friendly state all around, always has been whether open or concealed carrying.. Alabama, Louisiana, Arkansas, Tennessee and Texas as to my experience are good but not as good as Mississippi... I have no personal experience with the other states so I'm not going to give or take credits to them.
JD
Wrong, all 50 states have constitutional carry. Can't believe how many people don't understand that.
ReplyDelete