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Everything posted by Fallguy
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I hear ya. The first thing on the laws and census figures that come to my mind is constables. There are some counties that no longer have elected constables and/or the constable has no LE powers. However that is really not the same as something being legal in all other counties in the state but illegal in one, like this proposed amendment. As far as the support group......Guess TGO is a pretty good one...lol
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JLowe I'm with you for the most part...about LEOs having a job to do, which includes interviewing the person, but the part below is where I disagree. It sounds like you are saying it is ok for LEOs to have an attitude toward the public, even if that individual has not given any cause for it other than conducting a legal activity. I agree for your safety all people (especially armed) have to be thought of as potentional trouble, but that doesn't mean they can't be treated with common courtesy until they offer a reason not to be. I mean...you expect it from the citizens you interact with, right? ..and to eehelrt, well said.
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Ah...ok I see. You were speaking of the permits issued by the local Sheriff. I never did have one of those...had a hard time finding an agent to get the required bond, also was young and to be honest, not that interested in all the hoops at the time. But as I said..AFAIK since the state started issuing HCPs you were not limited to what handgun you could carry.
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Not arguing whether it is constitutional or not, but if you look through the T.C.A. there are many laws that apply or don't apply to counties with a X population as of Y census. Figure it would have been challenged by now if it was unconstitutional. As far as passage goes..... I can't stand to watch the day to day of it anymore...I get too mad. I just have to keep checking here with y'all.
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Not to side track the thread...but to my knowledge the HCP law never required you to carry only the firearm you used for the class.
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Welcome again
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Probably the best way I have heard it put. Sometimes you have a choice, sometimes you don't.
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That is not correct. There are strict guidelines on them being able to conduct checkpoints. Read here Now...there are many reasons that a LEO can find to stop you, no License Plate Light, failing to signal a turn, unsafe lane change, following to closely and so on and so on that he can use as a reason to stop you even if he is really wanting to check something else. But....they can not stop you for no reason.
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This is not going to be the best legal explanation and IANAL, but this is they way I take it and the way it was explained to me once. To you use your example about driving. There is no law against driving. There is not a law that says "You can not drive". There is simply a law that requires you to have a DL to drive on public roadways. That is one reason a LEO can't stop you just to see if you have a DL. But there is a law against the carry of a firearm. There is a law that says "You can not carry a loaded weapon". However the legislature has come up with a list of situations/actions in which it is ok for you to have/carry a loaded weapon. So these situations/actions are defenses to the illegal activity of having/carrying a weapon. That is one reason an officer can detain you if you are armed, just to see if you have a HCP. Clear as mud now?
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Ok Ok...let's play nice and try to stay on topic.
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True, but sucks for the person that is told.
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I don't want to hijack the thread but this brings up a problem I discussed with my Rep when AG opinion 07-148 was first issued. As some of you may remember 39-17-1359 use to say "post or announce" The announce part was removed in 2000. So you would think that would mean it would have to be posted in order to ban carry. But according the AG apparently not. For all practical purposes "announce" is still in effect. With a HCP carry is legal just like many other activities, but if a property owner forbade someone entrance because of their hair style, political affiliation etc.....it wouldn't be tolerated.
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I think you'll be ok if you carry Mike. If nothing else print a copy of this and keep it with you. I have carried in a few states, some when permits and recognition where still pretty new. Of course never had any interaction with out of state LEOs so never had any problem. Of course first time in a new state I was a little worried, but I just try to make sure I know off-limit places...I think that would be the biggest thing you'd run in to.
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See here OC legal without a permit. State Parks and Forrset: Yes WMAs: No Alcohol Restaraunt Carry: No Prohibitions on carrying firearms in these venues apply to both open and concealed carry. • Any establishment licensed to serve alcohol for on-premises consumption (e.g., a bar or restaurant, but not a liquor store or supermarket that sells alcoholic beverages in sealed containers). • Any establishment or event open to the public where the operator makes a reasonable request for you to give them custody or remove the weapon from the premises. A sign would qualify for such request. By law, cities and counties are required to offer on-site storage if they ban weapons but not all are in compliance. • The grounds of any public school, other than the parking lot. In order to be legal in the parking lot the weapon must be unloaded, and, if left in an unattended vehicle, such vehicle must be locked and the weapon out of sight. • State universities and community colleges. Community-college parking lots are treated like those of public schools. • Commercial nuclear or hydroelectric generating stations. • Polling places on Election Day. • Correctional facilities (this includes the parking lot of such facilities). • Game refuges (except during an authorized hunt). • You can take a firearm onto school property if you follow the procedure below. You are an adult in a vehicle and the firearm is unloaded before entering school grounds. Furthermore, if you must exit your vehicle, the firearm must remain unloaded and be secured (locked) within the vehicle, out of plain view (ARS 13-3102.I.1) Use caution and common sense if you must exit the vehicle with a firearm to secure it in the trunk (avoid causing a potentially serious disturbance) "If an operator of a public establishment or a sponsor of a public event requests that a person carrying a deadly weapon remove the weapon, the operator or sponsor shall provide temporary and secure storage. The storage shall be readily accessible on entry into the establishment or event and allow for the immediate retrieval of the weapon on exit from the establishment or event." Some agencies and jurisdictions are choosing to not comply with the new laws - there are no penalties for non-compliance. Note: Carry in State/County/City parks is legal if it is not posted with a No Firearms sign. If it is posted you cannot carry there legally even with a permit.
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Thought of him the other day myself......
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To answer the question in your last paragrhaph....If she specifically told you not to come back armed and you do you are trespassing. See AG Opinion 07-148 Question 6 Since it is a misdemeanor the trespass would have to occur in a LEOs presence for him to charge you or the manage could charge you herself. No, you do not have to answer any of the property owners questions. However, they do not have to let you on their property. If you want to pursue it...there is a court case here that says a property owner is responsible for the protection of patrons if they know there is a dangerous situation. Since there has already been a shooting at a similar location you might could argue it is reasonable to think a dangerous situation exist. Or....is there another plasma place?
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I agree the whole situation could have been handled better. Asking for the SSN, well there could be some consequences. Very true you are not required to answer questions, but at times, some answers can help you more than hurt you. But I have to say...they did have reason to detain the OP...at least long enough to determine if he had a HCP. In TN it is illegal to carry a loaded weapon. (39-17-1307) It is a defense to carry if you have a HCP {39-17-1308(a)(2)} So if an officer has cause to believe you are armed (and seeing your exposed weapon is pretty good cause) he can detain you long enough to see your HCP. Now in states where OC is legal without a permit...that is a different story.
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LOL...well I can believe that. LE and 911 district officials can be worse than the general public when it comes to the proper use of 911. Metro Nashville has the best PR campaign that I've seen of the proper use of 911 and giving out their 7 digit number.
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...and he shouldn't have publicly for sure. But he did edit his post on his own. Now your post are the only ones that are talking about it. As far as what is sent via PM if he or you have a problem you can PM me, the admin or any other mod. Since we have been talking about the search feature...remember...there is also the ignore feature.
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I don't think so...that is why they are called Private messages. In Rem_700's defense he was catching quite a bit of flack for simply asking a question. Yes...it has been discussed before, but he is not the first or last person to post a new thread on what may be an old topic to others. The admin has pretty much said he doesn't have a problem with new threads being started on repeat subjects.....so if he doesn't....I don't think any of the rest of us should.