Open Carry in TN

[cook45]

i tell ya what folks... here in about ten minutes ill get on the horn with the police chief here in jonesborough tn, and johnson city pd. not saying this will resolve any issues BUT it will figure out the law enforcement side of the equation. thank you to all that have gave thier feelings and opinions..ill post when i get done.

 

[Kleanbore]

If there is no proof that open carry is dangerous and there is proof that concealed carry can get you assaulted. Guess which method of carry I am choosing.

Suit yourself.

Tell me...how can concealed carry get one assaulted? That makes absolutely no sense at all.

I have explained how open carry can invite assault....

Let's try it this way: tell me...if you were a meth head in dire straights, and you and your desperate friends needed to get something right away that could be immediately converted to cash or used in armed robberies or used to defend against the dealer you cannot pay, would you select as your target (a) someone at random who may or may not be carrying what you might want, or (b) someone openly carrying a gun ready for the taking, who could easily be taken by surprise?

If you were (and were permitted to) to carry openly in dangerous urban environment, do you really think you could successfully avoid that surprise, that unexpected ambush from multiple directions? If so, why? How have you done in training against such attacks? Just how well honed are your weapon retention skills?

Here's what's in the Kentucky CCW manual on the subject. Yes, it's just an opinion. But it is common sense, and it is consistent with advice I have received from professionals.

I believe that anyone that carries a deadly weapon is foolish to carry it openly. Carrying a gun or other weapon openly invites predators to assault you and take the weapon away. It invites the most vicious of attacks by criminals who practice how to disarm police and citizens. Being careless, unwilling, unskilled or unable to use a weapon you are carrying is a disaster waiting to happen. Predators sense when their targets are timid, unable or unwilling to protect themselves. We constantly communicate with words, body language, etc. That is why people that are assaulted are often assaulted repeatedly because they communicate that they carry money, or are easy targets. Carrying openly gives away the tactical advantage of carrying a weapon concealed. It invites the criminal to attack you and it scares the public. Frightening the public only causes an increase in restrictive gun laws. Don‟t expose a weapon unless your life is at risk and if you must carry, carry it concealed. These are my suggested basic rules of the
road:
1. When in doubt keep it holstered and concealed. Removing it will expose you to:
a. being mugged by a criminal that wants the weapon,
b. having it stolen after you advertise you now have something to steal,
c. having an innocent child or person use the weapon injuring themselves with it or
d. being charged with a crime by someone that amuses himself by claiming you with threatening them with a gun.

The author is Nick C. Thompson.

http://www.kentucky-concealed.com:/Information/Kentucky%20Concealed%20Carry%20Justifiable%20Homicide.pdf

Somewhere, and I can't put my hands on it, a pro has set forth his strategy for surviving in a dangerous situation. Rule no. 1, of course is non-attendance, and close to the top was to no draw attention to oneself--flashy clothes, jewelry, load talk.

What more effective way is there to draw attention to onself than to wear a gun openly?

Now, that wouldn't be a big deal in Salmon, Idaho, but if one were to try it in Dade County, FL, well--I hate to put it quite this way, but maybe he would deserve his fate.

 

[kwikrnu]

Tell me...how can concealed carry get one assaulted? That makes absolutely no sense at all.

See lancel's post #16. He was carrying concealed and was assaulted.

I believe that anyone that carries a deadly weapon is foolish to carry it openly. Carrying a gun or other weapon openly invites predators to assault you and take the weapon away. It invites the most vicious of attacks by criminals who practice how to disarm police and citizens.

There are no accounts of a regular person who has decided to open carry being assaulted. So, why does this man say it is so dangerous? If it was as dangerous as he says you would find stories all over the internet.

 

[Lancel]

See lancel's post #16. He was carrying concealed and was assaulted.

Actually my secondary weapon (knife) was exposed and did not prevent the assault.

Larry

 

[Kleanbore]

There are no accounts of a regular person who has decided to open carry being assaulted.

More accurately, you haven't been able to find them.

But--what does that mean? There were never any accounts of incidents involving the effects of low temperatures on elastomeric seals on the solid rocket boosters of the Space Transportation System ("Shuttle"), but there were ways of analyzing and mitigating the risk. And there was a catastrophic mission failure. Read on.

So, why does this man say it is so dangerous?

Pure common sense.

Cause and effect analysis.

System engineering.

Simulation.

And on and on.

And just maybe, empirical data from law enforcement experience.

If it was as dangerous as he says you would find stories all over the internet.

Your basis for that assertion? Who would post them? Where would they get their information?

Do not think for a second that all the information in the world can be found by using a search machine on the internet. The details of the reports of crimes and auto accidents are not there. Nor or all of the contract disputes. And the transcripts of all of the civil and criminal trials in all of the counties in these United States?. No.

 

[wyocarp]

I don't believe the tactical advantage bs of concealed carry. I also haven't had the problems that some talk of having with people and law enforcement when open carrying.

While I do live in Wyoming, it still isn't the norm to see a lot of people open carrying. But I do every day.

If we as gun owners don't start standing taller and firmer in regards to our gun rights, we will lose them. If for no other reason, we need to excercise our rights more often. In my opinion, open carry needs to be practiced more often by more of us responsible gun owners.

 

[22-rimfire]

...excercise our rights more often. In my opinion, open carry needs to be practiced more often by more of us responsible gun owners.

I think so also, but only in situations where it seems natural/appropriate. In TN, concealed carry is not a right, it is a privilege granted by the state if you qualify and obtain a handgun carry permit. I suspect things are a lot different in Wyoming, Montana, or Alaska as it should be. My beliefs for TN follow HSO's statement below:

HSO said

TN used to have a concealed carry permit. Concealed. It was pointed out that the inadvertent exposure of your carry piece could result in an opportunity for a carry-hostile individual causing the citizen carrying to be charged/prosecuted for violating the law and then loosing their carry privileges (when the state grants permission it's a privilege being granted and not a right being guaranteed). It was also pointed out that coming and going from the farm or woodlot could be a problem if concealed carry was the requirement.

A bunch of folks worked very hard to get the law changed to get rid of this onerous possibility, along with a number of other onerous conditions in getting the permit. I don't remember having open carry for it's own sake be the reason.

Consider that OC as a statement needs to be well thought out and considered as an act of activism. If you're going to make this statement plan it out and be sure that you prepare yourself for the inevitable questions and the possibility of interacting with law enforcement officers.

 

[NavyLCDR]

It is the same way in Montana and Wyoming. The right to carry is the right to carry openly (except for a few towns in Wyoming that have banned it). The privilege to carry concealed is obtained by paying for training and paying for a permit in Wyoming and Montana. Alaska is truly free allowing the right to both carry openly and concealed, as does Vermont.

 

[kwikrnu]

Here in TN, right or wrong, the Constitution allows the State to regulate all carry of firearms. Which is why the $$$ permit is needed to open or conceal carry a handgun.

 

[wyocarp]

Sorry NavyLT

except for a few towns in Wyoming that have banned it

That isn't possible. No town in Wyoming have, or can, ban open carry.

Tell me of one you think has, and I'll go there to prove they are wrong in attempting to do so.

 

[NavyLCDR]

wyocarp, Call or write to them yourself:

Patrick,

Most, if not all towns and cities in Wyoming has adopted a city/town ordinance which prohibits a civilian (non-law enforcement) from carrying a weapon that can be seen by the public. The language contained within the individual city ordinances could vary from city to city. It would be your responsibility to check with local authorities as you travel throughout the state to insure that you do not violate local city ordinance. State Law does not prohibit or regulate open carry, that’s why it does not appear on our state web-site.

Forrest C. Bright
Director
Wyoming Division of Criminal Investigations
316 W. 22nd Street
Cheyenne, WY 82002-0150
Office: 307-777-7181

ME: Forest,
Thanks for your quick response to my questions. My understanding of Wyoming law is that the State Legislature has complete Preemption over all Firearm laws through-out the state except Indian and Federal Grounds. How can a municipality regulate a mode of firearm carry when the state has statutory preemption? If arrested for violating a municipal ordinance that legally could not be enacted, I cannot see that being enforceable.

WY AGs office: Patrick,
The State of Wyoming is an "open carry" state as it relates to firearms. However, the cities in Wyoming have a legal dominance of what is called "home rule". Home rule simply means that the elected Mayors and City Councils have been given the authority to govern their cities in the manner that they see fit, that also includes having the authority to adopt ordinances that are more restrictive than state statute. Cities can adopt ordinances that are more restrictive, but not less restrictive. Therefore, most all the cities in Wyoming restrict the open carry of firearms, by ordinance, within their jurisdiction. Persons who violate the ordinance can be arrested on the spot.

Forrest C. Bright
Director
Wyoming Division of Criminal Investigations
316 W. 22nd Street
Cheyenne, WY 82002-0150
Office: 307-777-7181

 

[kwikrnu]

That is funny. I read the part of the Wyoming Constitution which says otherwise...

Title 97, Article 1, Section 24. Right to bear arms.
The right of citizens to bear arms in defense of themselves and of the state shall not be denied.

 

[NavyLCDR]

That is funny. I read the part of the Wyoming Constitution which says otherwise...

Title 97, Article 1, Section 24. Right to bear arms.
The right of citizens to bear arms in defense of themselves and of the state shall not be denied.

I read that too in a certain Constitution and we know how far that Constitution goes in states like NJ, NY, CA, MA.