Open Carry with a South Carolina Concealed Carry Permit?

[mudshark100]

With Tennessee's new two tiered permit system, there is an Enhanced Permit (supposed to be the same as the regular concealed carry permit prior to 1/1/2020) and a new, lower tier concealed carry permit. The Enhanced Permit is required to open carry in Tennessee. Tennessee grants reciprocity with my state (South Carolina) but it isn't clear if that reciprocity is with the Enhanced Permit or the new lower tier concealed carry permit. Does anyone know the answer to this? Can I open carry in Tennessee with my South Carolina concealed carry permit?

 

[Fallguy]

This a good question. Something else not taken into consideration with making the mess of the two tier system here.

T.C.A. 39-17-1351(r)(1) says "A facially valid handgun permit, firearms permit, weapons permit or license issued by another state shall be valid in this state according to its terms and shall be treated as if it is a handgun permit issued by this state; provided, however, this subsection (r) shall not be construed to authorize the holder of any out-of-state permit or license to carry, in this state, any firearm or weapon other than a handgun." [emphasis added]

The "shall be treated as if it is a handgun permit issued by this state" meant, prior to the two tier system, that you could open carry in TN with any valid out-of-state permit/license since it was treated the same as TN Handgun Carry Permit which allowed OC. But the new law doesn't seem to address the two tier system.

I do not currently know of any situation of someone OCing in TN with an out-of-state permit and being challenged by Law Enforcement.

I am not a lawyer or LEO, but my guess is, worst case scenario you would be asked to carry it concealed.

 

[mudshark100]

Thanks Fallguy.

FYI. I went straight to the source and asked the Tennessee Department of Safety & Homeland, Handgun Permit Unit. I received the following response:

The Tennessee Concealed Handgun Carry Permit requires the handgun to be carried concealed where the Enhanced allows you to carry open or concealed.

T.C.A. §39-17-1351 makes a facially valid handgun permit, firearms permit, weapons permit or license issued by another state valid in this state according to its terms and shall be treated as if it is a handgun permit issued by Tennessee. This does not authorize any firearm or weapon other than a handgun.

“According to its terms” means if your permit specifies concealed carry, you may only carry concealed.

- See a list of handgun related laws at: Link Removed.

So, with my South Carolina concealed weapon permit, I can only carry concealed in Tennessee.

 

[defcon4]

In Pennsylvania we are issued a 'LTCF' License to Carry Firearm. Nowhere is it stipulated the manner in which the firearm must be carried. The way I read Tennessee's law, it appears to indicate that I can carry concealed or openly while in their state. Any thoughts.

 

[Fallguy]

Well for now that is what I'd go by, but it wouldn't be the first time TDOS published/gave wrong information.

By that reasoning if SC allowed you to carry in places that TN doesn't, then you could carry in those places while in TN with your SC permit.....but I'm pretty sure that's not the case.

I always took the phrase "issued by another state valid in this state according to its terms" to mean that the out-of-state permit didn't have to be issued on term (requirements) that were the same as TNs, but as long as the permit holder met the terms (requirements) of that state to have a permit issued.