Fallguy

Already being discussed... http://www.tngunowners.com/forums/tennessee-politics-legislation/26630-parks-sign-question.html

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Welcome

Welcome

I really think that is a stretch. How many times does a LEO ask a person "Do you have anything illegal on your person or in your car?" and they say no. Then the LEO finds some dope or a glass pipe or something like that. Do you think they also get charged with 39-16-503 too? I don't think you have to give testimony or provide evidence against yourself. For those that may be curious ....and again I don't think a firearm is evidence in an investigation when being asked to disarm during a traffic stop or other during another incident non-related to the firearm. But that is just my opinion.

Unlike the New Orleans case, the police didn't seize this weapon, it was given to them. As I said before, AFAIK the police aren't set up for the "safe keeping" of any item. So once it was in their possesion, it was pretty much theirs do with what they wanted. Do I think it is right....no, not really, but I'm not 100% sure the law prevents them from doing anything they did (even if it should). Also I admit a lot of my lack of sympathy still comes from the guy handing it over himself. Might feel a bit different if the EMTs, ER staff or someone like that turned it over even though granted the results could be the same. Now I do think he should get it back when they are done.

I'm not always a big fan of what the police do, but why shouldn't they have sent it out for balistics? Can you imagine the stink if some how this gun was connected to a crime and it was found years later that the police had the gun in their custody at one time and it wasn't checked?

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39-17-1350 says LEOs can carry in all places and all times in TN, except for the places listed in subsection ©* * Amended by Public Chapter 605 to remove places that serve alcohol for onsite consumption.

Not to grey to the AG...

Not really, haven't thought about. Which law do you think it is a violation of?

How do you figure that?

When the software says attachments like that I don't think it means a link or pic in a post. But literally attaching a file like a PDF, DOC, XML or something like that to the post. AFAIK no one other than the Admin and global moderators can attach files to post.

While I agree you should remove all weapons you have if asked, I'm not sure it is a Class C felony if you don't.

Let me rephrase...If you have it on you and you are asked for it, you do. But as far as what the statute says, it says you shall have your HCP in your possesion at all times while you armed, not just when off your property.

But if the stop has nothing to do with the handgun, how is it evidence in any investigation?

As far as the HCP law I think you are right, it only requires you to show your HCP upon demand and it also allows the LEO to disarm you. Nothing requires you to notify you are armed in the first place, or where or how many. If he chooses to disarm you by having you remove your weapon, that is his prerogative I would say. But I would have to say a disarming is not a disarming if your remained armed....... Also if he ask you where your weapon is, I would take that to mean all of them and anything less than a 100% truthful answer could result in less than favorable consequences.

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Welcome

Not sure about NC law, but they man not ever have to "give" it back to him. He may have to get a court order to have it returned to him. Once it was in their custody, there's to pretty much do with what they want...and it takes as long as it takes. As I said before the police are not in the business of storing property for safe keeping and the simple returning it to you upon your demand. Don't get me wrong....I'm not necessarily happy with the situation, but can't help but to feel a large part of it was caused by the guy himself.

National Park carry does not go into effect until Feb 2010, so as of now, I'd say No...you can not carry there.

The wording of the sign in 39-17-1311 did not change with the new law. It simple said local governments that opt out shall post the sign. Before the new law, even though the signs (same signs) were required by 39-17-1311 a local government could actually opt out of having to post.

Nope, the 39-17-1311 park law says exaclty on the wording and at least on the size.

The sign in 100% correct and legal.....as long as they passed a resolution. State law says if they pass a resolution it is against the law (state law). Also the new park carry laws specifies that exact sign as the sign to be posted if a local government opts out.

Welcome No stupid questions.....you can always try a search first, if you can't find the answer...post away....