Fallguy

What is bad is the several states where OC without a permit is legal. I'm sure in some of those states an OCed firearm is not quite so taboo as it is in other places.

It simply isn't that way here it doesn't seem.... Yes, there is one database as far as status and information, but what effects it comes from all over. My daughter collected several citations around the state.....never paid them.....got her DL suspended. She had to contact the state to get the list of each agency that sent something in. She paid her fines to each place, paid her reinstatement fee got her DL back. Then it was suspended again because of another ticket in another location that sent in afterwards and hadn't been entered yet. Now....I am not admitting this to highlight the poor decision making on the part of my daughter, but that the State of TN and the HUNDREDS of city and county law enforcement agencies don't always play well with each other when it comes to DL information in TN,

Thanks for the information. So it would seem if a manager is attempting to ban all carry, they have misinterpreted corporate policy.

It's only all or nothing as far as it being an automatic criminal offense. The AG has said a property owner can dictate the mode of carry on their property. If you don't comply with that choice you will probably be told to leave. If you don't leave, you may be charged with trespassing.

Does the DOS give you a list of places when you turn in your application?

Unless the ban carry all-together it really won't affect me either. But if only those affected petitioned business owners and politicians for change, not much would ever get done as it would be such a small percentage of those overall they wouldn't listen. Remember HCP holders are <5% of the TN population.

That is a possibility.

AFAIK there is no way to post and make it an automatic crime to OC past that post in TN, like posting per 39-17-1359 does for carry period. If they post a No-OC sign it is just a statement of policy really, that they can ask you to leave for (or for any reason really) violating and if you don't leave you could be charged with trespassing. Same with a No-CC or OC only sign.

Possibly a local mangers misinterpretation of the new No-OC position?....

Criminal Procedure - As introduced, provides that a federal employee who is not designated as a Tennessee peace officer may not make an arrest or conduct a search and seizure in this state without the written permission of the sheriff of the county in which the arrest, search and seizure will take place except under certain circumstances. - Amends TCA Title 38, Chapter 3, Part 1. For more see HB0959/SB1108 While I doubt it will ever pass, I like the idea overall.

Just to clarify....in TN there is no law on "brandishing". If you display a firearm to someone and make them "reasonably fear imminent bodily injury" you had better be justified in using it, otherwise you could be charged with Aggravated Assault. AZ is the only state I know of that has a law that specifically allows you to display a firearm in an attempt to defuse a situation. All that said... No I have never shown or drawn my handgun. I pocket carry and once or twice I have had my hand on it and my head on more of a swivel because of location, time or situation.

Considering VA is an OC w/o permit state, it is bad that they won't allow someone to carry that may not have a choice but to OC. But overall better than banning carry all together I guess.

Well, that's true. But the OP explained in post 29 that it was a clerical mistake on the part of the DOS.

My bad....

I'll be going to Dollar General here tomorrow and will take a look.

Yep...been through there often. If you talk to the manager, let us know how it goes. They may be thinking of the old law where a gun buster sign alone wasn't a legally binding posting, but as part of the restaurant carry law change, now it is.

As the others have said...by law the gun buster sign prevents ALL carry. If their intent is to only prohibit OC then they need to remove the gun buster sign. Again as the others have said, can't hurt to talk to them in this case. What town is this in?

I personally might wait another day or two. As you said, if it has been mailed not much they can do to speed up the mail. I assume he is still at the same address that was on his application. Also 3 days from fingerprinting to HCP in hand has to be some kind of record!!!

Yep...just to add my two cents.... you can carry ANYWHERE that serves alcohol so long as you are not consuming and the place is not posted per 39-17-1359.

But many do. That is why some people don't bring it up if the LEO doesn't.

But it was NOT revoked...it only mistakenly showed as revoked. Had it actually been revoked, there would have been an order sent out by the DOS for him to return the HCP. Had he not returned it the DOS would have directed an officer to seize it. All of this did not happen. I really don't think a simple computer check counts as a directive to do anything. Of course I know in the end you and I will just have to agree to disagree on this....

That is exactly what the AG is saying. Did you see the Opinion I posted? It says a LEO can only seize a HCP "at the direction" of the Dept of Safety, not just based on some computer check. I wouldn't go so far as to say it was "illegal" for him to take the permit, but it was beyond his authorization.

Perhaps a call from the DA would be enough. I admit I'm not 100% sure who has the authority to do what....and/or at what point in the process. But remember the thread I referenced about the 1911 being seized and being so hard to get back? Also there was a thread where a guy voluntarily gave his handgun to the PD to hold when he was going to go somewhere in town he couldn't carry it and he had trouble getting it back. So I guess a lot may just depend on the LEA and their policies as well.

Can't say you're too far off...

Yep...I think regardless of how it is dismissed, you'll have to have an order from a judge to get the handgun back.