Fallguy

Here is the e-mail I just got back from the person I've been talking with So not so sure it has all been resolved after all....

I think it's a bit tricky....as evidence they may can, but in general they can not.

That is the way all of us take it anyway. I think they just wanted to clarify, that because you have a HCP doesn't mean you have free reign to access the WMA. But that as long as you can otherwise legally be there (wildlife rules/regulations) then you can carry your handgun if you have a HCP. I mean the law goes on to say you can't use the handgun to hunt unless you lawfully could under the wildlife laws. I could be wrong, but I think some of the delay maybe from the TWRA in general not liking the law and trying to find some sort of "loophole" out of it. But maybe they finally decided there wasn't one.

Does sound like he thought he was being funny, but I admit it was a very bad joke. One thing I wonder about is the police taking his HCP, AFAIK they can't do that unless directed to by the Dept of Safety. (05-154 Question 3) The law says the judge is supposed to ask if the defendant has a HCP if charged with certain crimes and if he does order him to surrender it to the DOS, but not even the judge can actually take it or suspend it. 39-17-1352(e)

Welcome

Welcome

FWIW 39-11-311(a)(2) defines curtilage for purposes of the self-defense law. It says... But another thing to note, the presumptions in part © apply if you use deadly force within the places listed. So obviously you would have to be within those places yourself for the deadly force to have been used within. In other words, if you have a detached shop in your back yard and someone has broke into it while you where/are within your house, the presumption would not apply. However if you were in the shop working on something and someone broke in, then the presumption would apply. In the above I am simply talking about the presumption of you being in fear of imminent death or serious bodily harm. As we all know if you are in a reasonable fear of imminent death or serious bodily harm anywhere you can use deadly force.

Name: All City Parks City: Walden Results of Vote: Carry prohibited Chattanooga Times Free Press | Walden votes 2-1 against guns in parks

http://www.tngunowners.com/forums/newsworthy-reports/25596-omg-man-has-gun.html

That is correct, special orders are on the Federal Level

I don't think that is correct about places with just a beer permit. I know many places in dry counties that only serve beer and do not have a kitchen, do not have seating capacity for 75, do not have wait staff (other than one bartender) and really don't serve meals just maybe some snacks. Although their may not be a legal definition of what they are in TN law, they are not restaurants by any definition...and therefore carry is still illegal there. Now you're right about a state issued liquor license...as has been said the only difference between the definitions of a restaurant in the liquor law and the carry law are that in the liquor law they have to be open 4 days a week and in the carry law 5 days a week.

Name: All City Parks City: Gallatin Results of Vote: No action taken, so carry will be allowed. http://www.tngunowners.com/forums/tennessee-politics-legislation/24205-gallatin-council-discusses-defers-talk-opting-out-guns-parks.html#post338918

Good deal!!

Good deal. That is who I've been e-mailing is supposed to be in contact with (legal office). So hopefully she can confirm this soon. What would be nice is a copy of the letter, when I hear back from her I may see about getting a copy.

I think they are just lost as what to do and what the law means to be honest. I'm glad someone posted in here again though, I was exchanging e-mails with someone from the TWRA that was in contact with their law department. She told me to wait a couple of weeks (been time if not past) and contact her again...so I will do that shortly.

If a dog is a threat your life or causing you serious bodily harm or threatening the life of an animal owned by you, you can use deadly force just about anywhere, unless you are trespassing, not just on your property. ..and yes 3pugguy did clarify the exchange between him and the deputy in a response to my post.

See the law in bkelm18's post. If they can find a lawyer to take the case, Yes, they can sue, but when they loose they have to pay for everything it cost you to defend against the suit. If it is an open and shut justified shooting I think most thugs are going to be very hard pressed to find a lawyer to take case, especially if the other person has to get paid before they do, if they loose. Without checking IN laws I would be it is pretty similar, AFAIK no law can block someones access to the courts (i.e. can't sue) they can only say what is done after a ruling is made.

All very good, the only thing I might not do is be moving around getting stuff before they get to your car. If he sees you reach toward the glove box he doesn't know if you're getting your insurance info or getting a gun or hiding dope. Not saying what you are doing is wrong, just that I would wait till asked for something then explain where it was and move slowly to get it. Also to clarify...as I have said before in other threads....I would not surprise the officer either. If my weapon was visible or for whatever reason I was going to be searched, I would notify the LEO instead of just letting he see it or find it.

Name: All City Parks City: Dayton Results of Vote: No action taken, so carry will be allowed. The Herald-News - News Story

I have to agree... Technically there is nothing in the HCP law that gives an exception on where you are at the time when a LEO ask to see your permit. But...as we all agree you don't have to have one on your property...and had this lady not had one....wouldn't have made a difference.

Perhaps simply a typed itinerary of your day, listing all of your licenses, permits and certificates you have, handed over with your DL, HCP, Registration and Insurance card would be easier. Don't forget vaccination records for any animals you have with you at the time. I mean why not suggest that everyone that doesn't have a HCP state that up front as well? It's not hiding something that is really none of his business, but at the very least not relevant to the encounter at the time. If someone wants to volunteer anything and everything they want to during a traffic stop, that is fine with me, but no one should be upset if no more than required information is given. Still don't see how not informing that you have a HCP when your not even armed is working against the LEO. I was stopped for the first time in years a few months ago, I was armed and on the motorcycle so the area where I carry (front right pocket) was already visable...didn't inform I was armed, he went back ran my DL, came back with the ticket and nothing was ever said. Unless and until the law is changed I will make a decision based upon the situation at the time was whether to inform or not. BUT!!!!....I still can't see how not informing that you are not armed is a problem!!!

But you were armed.... The person being disussed in the OP was not armed. How is not informing a LEO that you are not armed, just because you have a HCP working against him?

It's just because I have no life to speak of....lol

There is nothing on a tag check that will indicate if the owner has a HCP, only your DL. As I'm sure all have noticed your HCP number is the same as you DL number. As far as the state database is considered, they are the same thing as far doing a check. You can not check one with out finding out the status of the other. Most dispatchers do not relay that a person doesn't have one unless that is what they are checking for, but most do say if a person does have a HCP whether the officer asked or not. With all that being said....still not sure what the LEOs problem was in the case...I mean now some want us to notify that we aren't armed just because we have a HCP? Anyway...

bkelm18 is right. You may also want to see this post. http://www.tngunowners.com/forums/firearms-law-faq/13408-reference-material-some-basic-questions.html