NM: Judge tell police to leave OCers alone

Originally Posted by AmericanWorkMule

What about being left alone in Tennessee?

There have been plenty of OC Tennesseans on this board alone with stories just like Matthew St. John's.

more successful lawsuits are needed to get the message across.

more successful civil rights complaints are needed

more successful departmental complaints are needed.

Originally Posted by AmericanWorkMule

What about being left alone in Tennessee?

There have been plenty of OC Tennesseans on this board alone with stories just like Matthew St. John's.

over the last several years open carriers detained without cause by police have sued and obtained cash settlements in Pennsylvania, Louisiana, Virginia (see additional settlement here), and Georgia. More cases are still pending in Ohio, Wisconsin, Michigan, and Pennsylvania.

If it happens to you, you could stand to receive enough money to add a few firearms to your collection.

Originally Posted by TripleDigitRide

If it happens to you, you could stand to receive enough money to add a few firearms to your collection.

or take a nice vacation on the taxpayer dime and still have money left to add to your collection.

Originally Posted by AmericanWorkMule

What about being left alone in Tennessee?

There have been plenty of OC Tennesseans on this board alone with stories just like Matthew St. John's.

Although OC (with a permit) is allowed in TN, there is still a general law against firearm possession in TN. Having a HCP is simply a defense to that law.

So unlike NM where OC without a permit is legal, therefore no law possible being broken by simply possessing the gun, in TN a LEO can detain you long enough to see your HCP. After that you should be free to go unless you are suspected of something else.

Originally Posted by Fallguy

Although OC (with a permit) is allowed in TN, there is still a general law against firearm possession in TN. Having a HCP is simply a defense to that law.

So unlike NM where OC without a permit is legal, therefore no law possible being broken by simply possessing the gun, in TN a LEO can detain you long enough to see your HCP. After that you should be free to go unless you are suspected of something else.

And I agree--OC with a permit is legal in Tennessee, and that the police under the law have the ability to detain someone carrying a gun long enough to verify they have a permit...

That said, the stop should be limited to merely verifying the permit--not to lecture the OC'er, or for any other purpose. They should simply verify the permit and allow the OC'er to continue--prolonging the stop just to try and find some reason to arrest the OC'er is wrong.

on a side note, anyone notice the Oleg Volk picture they used?

Originally Posted by justme

And I agree--OC with a permit is legal in Tennessee, and that the police under the law have the ability to detain someone carrying a gun long enough to verify they have a permit...

That said, the stop should be limited to merely verifying the permit--not to lecture the OC'er, or for any other purpose. They should simply verify the permit and allow the OC'er to continue--prolonging the stop just to try and find some reason to arrest the OC'er is wrong.

Agree

Originally Posted by Fallguy

Although OC (with a permit) is allowed in TN, there is still a general law against firearm possession in TN. Having a HCP is simply a defense to that law.

So unlike NM where OC without a permit is legal, therefore no law possible being broken by simply possessing the gun, in TN a LEO can detain you long enough to see your HCP. After that you should be free to go unless you are suspected of something else.

That's why we all need to buy those carry permit badges. The LEO's will see it and leave you alone, plus it'll impress the heck out of the opposite sex.

Originally Posted by Fallguy

Although OC (with a permit) is allowed in TN, there is still a general law against firearm possession in TN. Having a HCP is simply a defense to that law.

So unlike NM where OC without a permit is legal, therefore no law possible being broken by simply possessing the gun, in TN a LEO can detain you long enough to see your HCP. After that you should be free to go unless you are suspected of something else.

If police can't stop to check if a driver is licensed (a privledge), why can they do the same to to someone carrying a firearm (a supposed right)? It just doesn't make sense to me...

Originally Posted by Glock30Owner

If police can't stop to check if a driver is licensed (a privledge), why can they do the same to to someone carrying a firearm (a supposed right)? It just doesn't make sense to me...

Regardless of right/privilege there is a law against the possession of a firearm. So it reasonable for a LEO to assume someone that is armed is breaking the law, until they can show they fall into one of the defenses. There is no law against driving, so there is no assumption someone is breaking the law by driving.