Concealed Carry Thought....

[Guest SMSTRICK]

I have been pulled over twice since I have been living in this state for the past seven years and have always presented my permit with my license. I also tell the officer that I am armed and where the weapon is BEFORE being asked. But,.....I do not feel that I have to PROOVE ownership . The officer can the numbers on the gun to see wheather or not the weapon is reported stolen if there is qusetion or cause to do so. There is no law in this state which states that a law abiding citizen is required to show proof of ownwership of all personal property on the person.

I mean no disrespect when I say this, but I have seen too many instances where local and county law enforcement are unclear as to the gun laws in the state of Tn. I think that more time should be taken with officers these days to educate the officers regarding these matters. I have always heard that "ignorance of the law is no excuse." If this applies to the average law abiding citizen, then the same should apply to law enforcement.......I respect the fact that officers are not lawyers, ......BUT more information and education needs to be implemented.

[Marswolf]

I mean no disrespect when I say this, but I have seen too many instances where local and county law enforcement are unclear as to the gun laws in the state of Tn.

I have to agree with you. I work with them a lot and some of the LEOs have some strange ideas about what the law is. I will say in their defense that some of the gun laws are written in a confusing manner and sometimes interpreted by the spirit of the law rather than the letter of it.

[Guest SMSTRICK]

I have to agree with you. I work with them a lot and some of the LEOs have some strange ideas about what the law is. I will say in their defense that some of the gun laws are written in a confusing manner and sometimes interpreted by the spirit of the law rather than the letter of it.

There was an instance that happened a couple of years ago when a cashier at a near by gas station called the police because a citizen was walking around with a gun strapped to his side (open carry with permit.) Even though I personally do not open carry for practical and sensible reasons, the armed citizen was well within his legal right to do so. The officer who arrived on the scene gave the guy the 3rd degree. It was apparent that the officer thought that open carry was illegal within the state of Tennessee. I had to set him strait on that and told him to call to check up on it. It never got out of hand because there was no power struggle. It was all professional and respectful. BUT,....I could tell that the officer was a little humiliated due to his own ignorance of the law. Citizens as well law enforcement need to be fully aware of their God given rights as well as the specifics on the laws which with the knowledge of could one day be beneficial.

[DaveTN]

There was an instance that happened a couple of years ago when a cashier at a near by gas station called the police because a citizen was walking around with a gun strapped to his side (open carry with permit.) Even though I personally do not open carry for practical and sensible reasons, the armed citizen was well within his legal right to do so. The officer who arrived on the scene gave the guy the 3rd degree. It was apparent that the officer thought that open carry was illegal within the state of Tennessee. I had to set him strait on that and told him to call to check up on it. It never got out of hand because there was no power struggle. It was all professional and respectful. BUT,....I could tell that the officer was a little humiliated due to his own ignorance of the law. Citizens as well law enforcement need to be fully aware of their God given rights as well as the specifics on the laws which with the knowledge of could one day be beneficial.

Don’t blame the cops blame your legislators. It took a written opinion (No. 05-154) from the Tennessee Attorney general on 10-11-2005 to clarify the open carry issue.

[Guest SMSTRICK]

Don’t blame the cops blame your legislators. It took a written opinion (No. 05-154) from the Tennessee Attorney general on 10-11-2005 to clarify the open carry issue.

Yes, I agree that legislatures are largely to blame for vague wording and broad interpretations. ........On the other hand, I thought that the open carry issue was clear prior to 2005 when the TFA pushed for open carry so as to prevent a law abiding citizen from losing a permit for their weapon being accidentally exposed (for example: Walking across a parking lot and the wind blows your jacket open to expose your weapon.) I have always been under the impression that due to this fact, open carry is allowed and is there primarily as a safe guard for law abiding citizens.

Do not get me wrong,....I place no BLAME on officers, but I do think that they are obligated to at least know the basics of the law which they are sworn to enforce. If a officer of the law cannot answer whether or not open carry is legal or not, something is wrong somewhere.......I support education and practical inservice training as a sollution .

[DaveTN]

Yes, I agree that legislatures are largely to blame for vague wording and broad interpretations. ........On the other hand, I thought that the open carry issue was clear prior to 2005 when the TFA pushed for open carry so as to prevent a law abiding citizen from losing a permit for their weapon being accidentally exposed (for example: Walking across a parking lot and the wind blows your jacket open to expose your weapon.) I have always been under the impression that due to this fact, open carry is allowed and is there primarily as a safe guard for law abiding citizens.

Not only Police Officers are required to know the law, if you are a carry permit holder you should not “be under the impressionâ€; you should know... correct?

Do not get me wrong,....I place no BLAME on officers, but I do think that they are obligated to at least know the basics of the law which they are sworn to enforce. If a officer of the law cannot answer whether or not open carry is legal or not, something is wrong somewhere.......I support education and practical inservice training as a sollution .

I have not been able to pose these questions to Police Officers to see if they know the answers or not. But I have ask many carry permit holders and some “firearm instructors†the responses have been pretty comical.

1. Is a Tennessee carry permit holder allowed to carry his weapon in the open?

2. Is a carry permit holder required to inform a Police Officer on a vehicle traffic stop if he is armed?

3. Does a carry permit holder have a right to refuse to surrender his weapon when ordered to do so by a Police Officer?

4. Does a business owner have the right to post his property as a gun free zone?

5. Is a carry permit holder required to comply with that posting?

6. Does the state of Tennessee recognize the 2nd amendment to the United States Constitution as an individual right?

I’m not interested in what a tax or divorce attorney thinks the law is; I’m looking for clear answers. These should be very simple questions to answer.

(Well, okay maybe I just threw that last one in there for fun but the rest should be easy.)

[saintsfanbrian]

Well a quick answer to number 4 and 5.

Yes, a business owner is well within his rights to post his store as off limits to gun holders whether permitted or not. Remember, a businessman reserves the rights to refuse service to anyone as long as the refusal is not based on gender, race, sexual orientation or anything else that could bring about an EEOC lawsuit (I realize he isn't an employer of his customers, but those are good guidelines for how you can and cannot refuse service to someone.)

Is a permit holder required to comply with the posting? As long as the posting is in the format found in the regulations. Will you go to jail if you don't? Probably not on the first offense, but if you persist, they will probably ding you with trespassing.

Tennessee does not make a distinction between open and concealed carry. My permit (as do all permits in this state) reads Handgun Carry Permit, not Concealed Weapons Permit. This was actually written this way to allow people to carry openly and in the event that their clothing concealed part of the firearm they could not be charged with carrying a concealed weapon. I may be off on that one, but I am 99.8% sure open carry (with a carry permit) is legal. I have done it on a number of occassions near police officers and have not had any problems.

39-17-1351The permittee shall have the permit in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer. This means if the officer asks for it, you better hand it over. You don't have to offer it, but if he asks, give it to him.I hope that clears up a few things for you.

Most of this was taken from Packing.org

[Guest Phantom6]

Saintsfanbrian answered the rest but

DaveTN wrote:

2. Is a carry permit holder required to inform a Police Officer on a vehicle traffic stop if he is armed?

6. Does the state of Tennessee recognize the 2nd amendment to the United States Constitution as an individual right?

2. No but it's a good way to get a pistol screwed in your ear. I wouldn't bring it up unless the officer asks you to do something that will either expose your pistol or cause you to move your hands near your pistol. In that case I would submit that while keeping both hands in plain view, you would inform the officer that you had a carry permit and you are armed and ask him how he wishes you to proceed.

6. Good question. I'll have to do some research on that. I believe that I will find that the answer is yes but with certain restrictions allowed under the laws of the state and the United States as interpreted by the courts.

[Guest SMSTRICK]

Not only Police Officers are required to know the law, if you are a carry permit holder you should not “be under the impressionâ€; you should know... correct?

I have not been able to pose these questions to Police Officers to see if they know the answers or not. But I have ask many carry permit holders and some “firearm instructors†the responses have been pretty comical.

1. Is a Tennessee carry permit holder allowed to carry his weapon in the open?

2. Is a carry permit holder required to inform a Police Officer on a vehicle traffic stop if he is armed?

3. Does a carry permit holder have a right to refuse to surrender his weapon when ordered to do so by a Police Officer?

4. Does a business owner have the right to post his property as a gun free zone?

5. Is a carry permit holder required to comply with that posting?

6. Does the state of Tennessee recognize the 2nd amendment to the United States Constitution as an individual right?

I’m not interested in what a tax or divorce attorney thinks the law is; I’m looking for clear answers. These should be very simple questions to answer.

(Well, okay maybe I just threw that last one in there for fun but the rest should be easy.)

I agree 100% on that. They need to be clear and specific . You could even ask these same questions to the very people who voted on this within our state government and you will still probably different answers.

[molonlabetn]

There are TN AG opinions on most, if not all of these questions... if you care to look.

You might be surprised.