robbiev
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Posts posted by robbiev
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So the instructor did not really answer this clearly in my HCP class. If you witness someone committing a crime on your property (breaking into or vandalizing a car, shed, other) is it legal to use your handgun (drawn and pointed at the subject) to try to detain them while waiting for the police?
Obviously, if they run, I cannot shoot them in the back and if they charge me I can shoot them, but what about my case?
Pointing a gun at someone is deadly force, under any definition that I am aware of. You cannot legally use deadly force to stop a property crime. You can only use deadly force against deadly force, at least in TN. According to state law (will have to find the exact TCA reference and post it) you can use "force, but not deadly force" to protect against property crimes.
Having said this, it does not mean you will be charged, it just means you can be. That is up to the local DA based on the police reports.
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I tend to agree with Fallguy (for whatever that's worth). "Authorized" is a little ambiguous. I'd say it means whatever THEY say it means, but the sign doesn't seem to be legally binding.
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Not to get this more off track but....
So if a company has a policy that says females can not were dangling ear rings or must wear their hair up or such when on duty...that automatically means they have to wear studs and can't let their hair down just when there in their period?
I agree with what I think your point is. The difference is, I doubt anyone would care if you came onto the property while off duty with earrings or hairstyles that violate company policy. If someone came onto the property with a gun (and got caught)...they would probably make a case out of it.
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My standard answer is, "Nothing illegal." It's never caused a problem. That said, I don't travel to Illinois.
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to answer the OP question: No, there is not a knife carry permit in TN, and yes, the TN HCP applies only to handguns.
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I found this while searching for the story listed above.
3 teenage girls charged in home invasion - 21 News Now, More Local News for Youngstown, Ohio -
YOUNGSTOWN, Ohio - Three teenage girls, two of them just 15-years-old, were arrested for a home invasion where authorities say they stole jewelry and cash while the 85-year-old victim was actually inside the home.
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Make sure they do not take your current HCP, it along with the receipt they give you will allow you to carry, even if your current permit expires, until your new permit arrives.
If you renew by mail, you get a confirmation letter. The letter is good for only 90 days. Don't know about the receipt from the state. I've never renewed that way.
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How many people here have actually had their cars searched by their employer? Is this really an issue for some? I think I would be finding a new job if I thought my employer was going to randomly start searching my car. lol
As long as you don't talk about your gun being in your car I don't see them having any reason to want to search it in the first place...
I worked security for a company in Collierville where it was standard procedure to stop at the security gate and open the trunk so security could verify you weren't leaving with product (soft drinks). I personally never conducted a search beyond simply looking in, but a senior manager was fired while I worked there for refusing a search by one of the other guards.
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So how does this weigh in then
38-2-102. Resistance by party about to be injured.
Resistance sufficient to prevent the offense may be made by the party about to be injured to prevent an:
(1) Offense against the party's person; or
(2) Illegal attempt by force to take or injure property in the party's lawful possession.
39-11-614 " Unless a person is justified in using deadly force as otherwise provided by law"
it does not specificaly exclude the threat of deadly force it states
"A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property."
I'm not sure, but I think "force" and "deadly force" are defined as two distinctly different things in TN law. There is another section that makes a statement something like, "...is authorized to use force, but not deadly force..."
At the moment, I don't have time to look it up, but I'll find it later.
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News story would of been, "Man shot in walmart parking lot after brandishing a gun & attempting robbery on a armed citizen"
Oh, come on. We know the newspaper story would be, "Crazed permit holder shoots armed citizen who never even drew his gun."
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There is no difference in a new or used gun. Both have margins and it's up to the shop to decide how much they want to make on a particular item. If they don't want to negotiate that's fine, it's how they chose to operate. But if you don't at least ask you wont ever know.Mike
I can't speak for other shops, but the shops that I'm familiar with (places where I've worked or was associated with) there's much more room for negotiating on a used gun. If a shop has competitive prices, they probably aren't making much on a new gun. That said however, I'd think that a shop selling Glock 34s for $699 should be making a pretty good margin. Our price is $80 less than that, and we have a little room to negotiate even then.
As to the OP, he didn't really ask, but the MSRP on the 34 is only $679 according to two different distributors I just checked, so they appear to be selling it for more than MSRP. I didn't think that happened much with non-collectable stuff.
I don't know about you but I don't usually buy used bread.I might consider that if I can get a good enough deal.
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It's also possible that it can be something simple like a pending traffic ticket. If the TBI sees a pending court date, they don't check to see what it is, they just (sometimes) deny, then they check into it after you send the appeal. We have had that happen several times.
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I'm not sure about the exact legalities, but I think "No illegal weapons allowed" or "Illegal weapons are banned on this property" would be a good company policy.
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OK, I was thinking surely someone would beat me to the punch, but I can wait no longer...
You are my new hero.
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You can carry in 37 states with a TN permit (plus Wisconsin soon, presumably).
The last time I researched it, you could add Washington state by adding a Utah non-resident permit, and that was the only state you could gain with any TN permit combo.
You can double check on handguncarry.us to see.
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This is correct regarding Washington State. I had a Utah, Florida, and a couple of other states' non-resident permits, and as of a few years ago, the TN permit became valid in every state that the other permits were. I let my other states permits expire because of that, and Utah, because I'm not travelling to Washington any time in the forseeable future.
As far as the open carry question, without going into it here, you can search and probably find several other threads on open carry on this forum.
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That's the normal definition, but not for firearms. Federal firearms laws (and the ATF) make no distinction of eligibility of the ultimate recipient. A straw purchase to the ATF is simply that the actual buyer is being hidden by an intermediary. Notice that I said buyer, not owner. In a gift transaction, a 3rd party is the end owner, but is NEVER a buyer. If the "gift" recipient gives the buyer the money for the item, then it is no longer a gift, it is a straw purchase regardless of the final owner's legal ability to own a firearm or not.
Not arguing with you in any way...but one of our local ATF agents told us they didn't care who paid for it as long as someone wasn't buying it for another person who couldn't buy it. HOWEVER, he may have simply been speaking colloquially and not by the letter of the law.
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See, I was told that it was better for the person who was actually taking possession of the firearm to have the background check.
"Better" is subjective. Since it is perfectly legal to purchase a gun as a legitimate gift, it is not better legally. Some people want the peace of mind that the person who owns the gun passed a background check, because they have the impression that doing that lets them off the hook legally, or, many people are under the impression that there MUST be a paper trail proving they gave the gun to the other person, so they think it's better to do it that way.
SIDE NOTE: "Straw purchase" is generally defined as purchasing an item for a person who does qualify to purchase the item himself. It has nothing to do, strictly speaking, with who pays for the item.
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Kel Tec P 32
Curious: What was wrong with it? I had one several years ago that I fired a thousand or more rounds through and never had a problem.
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You can meet the seller at a local gun store, and have them run a check if you'd like. Most people don't, and just use a Bill of Sale.
Bill of Sale has all the sellers information including driver's license info, etc... so if something were to not check out someday, you know who you bought it from.
Some gun stores won't run a check for free, even though it doesn't cost them anything. Some places (maybe most, but I don't know) will want to process it as a transfer, then charge you some sort of transfer free, so I would check before going in. There's one particular store in my area that won't do anything for free, even including looking up a past sale for a customer, and they charge a minimum of a $100 transfer fee.
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No it is not. But is it morally right for a gun owner to stop doing business with one when they fire an employee that was defending himself? I think so.
Not calling for a nation wide boycott. Not trying to get T-Shirts made and have group hugs... I just can't in good conscious keep getting my son's diabetic stuff and our other meds from them. All I can say is it just doesn't feel right to me. To each their own.
Understood, but the post I was replying to may have (and I'm saying MAY) implied or it may could be inferred that he was saying we should boycott every company that has these policies. While that sounds good in theory, I don't thinks it very feasible.
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IF everyone would boycott stores whether "silly" or not,in these economic times it would get their attention.
Just like Krogers and their illegal alien employee the "Belmont Groper",if we had the least courage of our convictions,we could pinch them off one at a time.
I agree with that in concept, but is it actually logistically feasable to boycott every single company that has a no gun policy? And I'm actually seriously asking the quesiton. I don't know of any major company that doesn't have a no guns or no weapons policy of some kind, especially for its employees. If we actually boycotted every single one of those, it would make it a little difficult to buy gas, food, or much of anything else.
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Most retail stores have the same or a very similar policy. Getting angry at one is silly.
If you wanna put your money where your mouth is, then I guess you'll have to boycott every business with that policy.
The good news is that your lonesomeness will save you money... and gas (since every gas station has that policy).
Very true. For that matter, most companies have a similar policy. I've worked a bunch of different jobs in my life, both full time and part time, retail and other, and I've never worked anywhere that didn't have a no guns policy.
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One book that I recommend is Principles of Self Defense by Jeff Cooper (I'm pretty sure that's the one, but I'm not at home or I could be sure). ETA: Yes, that's it.
It's not actually about guns, but it's got some really good principles in it and it's a fairly short read.
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If someone could PROVE a person or GROUP is MAILING that in a letter, would not that be considered MAIL FRAUD? I am not a lawyer but I wanted to be at one point in my life.
I don't know enough about it, but I would guess (based on nothing other than my guess) that if the letter doesn't outright say anything incorrect, but instead only tends to imply something that isn't correct, could that be proven to be fraud?
Anyway, to the other question, I'm not sure, because this was a while ago, but I believe it was the TN Restaurant Assoc. I know that a while back I saw an article on the news and if I remember correctly, they said the TN Restaurant Assoc was having some signs printed to mail to their members.
Can detain someone in the act of committing a crime?
in Handgun Carry and Self Defense
Posted
Essentially, those are the basics. You have a right under TN law to use force to stop the person, but not deadly force unless he is using deadly force against you. "Stuff" being worth a person's life is a matter of opinion, but essentially TN law sees a person's life as always more important than any things.