Metro PD Encounter

[mikegideon]

I thought that bill got shelved

 

Open carry did. Guns in vehicles passed

[Garufa]

I thought that bill got shelved

 

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB1774

[hlb14]

Ahh thanks, baby steps I guess

[mikegideon]

Ahh thanks, baby steps I guess

 

I think the in vehicle thing is a big deal. More folks will benefit from that than anything else they could pass. My girlfriend usually only carries one in the car when she's away from the house. She stays in pretty safe areas.

[Oh Shoot]

Ahh thanks, baby steps I guess

 

I think the in vehicle thing is a big deal. More folks will benefit from that than anything else they could pass. My girlfriend usually only carries one in the car when she's away from the house. She stays in pretty safe areas.

 

Me too. I consider it the biggest stride toward any kind of constitutional carry since having a loaded gun became a crime in the first place.

 

- OS

Edited June 27, 2014 by Oh Shoot

[Oh Shoot]

It will probably be a standard question henceforth. "Are you armed" before "Do you know why I stopped you".

 

Reckon they'll start delaying folks to run NICS checks if they're "suspicious"?

 

- OS

[Trekbike]

Would someone be willing to give me the layman's version of the bill? I'm confused if it also does away with the long gun requirement of no round in the chamber. So basically everyone has the same right to have a loaded weapon in the vehicle if the vehicle requirements are met? Sent from my SCH-I545 using Tapatalk

[Randall53]

Frankly this officer better get his big boy pants on, because starting in July all law abiding citizens can carry a loaded gun in their car, they won't have an HCP to show, and they're not under any obligation to inform they have a firearm in the vehicle.

 

Crap...I've been working way too much overtime!!  When did this law pass?  I remember it being discussed here, but I thought it was put on the back burner or something. I think that's great that it did pass though.

[Oh Shoot]

Would someone be willing to give me the layman's version of the bill? I'm confused if it also does away with the long gun requirement of no round in the chamber. So basically everyone has the same right to have a loaded weapon in the vehicle if the vehicle requirements are met? Sent from my SCH-I545 using Tapatalk

 

Anyone not prohibited from owning firearms by state or federal law may have loaded firearm(s) in private vehicle, round in chamber okay.

 

- OS

Edited June 27, 2014 by Oh Shoot

[Trekbike]

[quote name="Oh Shoot" post="1162965" timestamp="1403831831"]Anyone not prohibited from owning firearms by state or federal law may have loaded firearm(s) in private vehicle, round in chamber okay. - OS[/quote] Thanks for the explanation OS! May your future walks to the Y be uneventful (unless you want them to be).

[TrickyNicky]

Thanks for the explanation OS!

May your future walks to the Y be uneventful (unless you want them to be).

Hey, those are some of the best threads on here!

[Guest princeshoko]

Also remember to never ever speak to a cop without a lawyer, not even a simple "Hows your day" question.  I refuse any questions, hand my ID and ask if im being detained or free to go.   Know your rights and use them , never give them up.

[Mike A]

Ain't gonna carry any weight in 5 more days as far as vehicle. Why should cop care any more?

 

- OS

The fact is some do care and will continue to do so.  I'm all about people asserting their rights.  I'm also pragmatic and willing to delay assertion of certain rights for my own safety.  If there's unacceptable behavior on the part of LE I can seek redress later.  I prefer that scenario over my heirs seeking such redress in my stead.  (Not that you were disagreeing with me just hoping to clarify my position.)      

[tnguy]

Like Chris said, no reason not make the officer's job a little easier. I do this by getting out of the car when pulled over. I mean, anything could happen when he walks up behind an unknown person. By being outside the car he knows what he's dealing with, so I'm removing some of that uncertainty. Then I move quickly towards his car. He's a busy guy. I don't want to wast his time. If I'm carrying, I'm always sure to lift my shirt up to show him where it is. I don't want the officer to get any surprises later. If for some reason it's not safe to get out of the car to help him out, then I wait in my car with the lights off. I don't want to hurt his keen low-light vision with my stupid dome light. When he asks for my DL and registration, I lunge for the glovebox to get it. Again, he's a busy guy so I don't want to waste his time.

 

Don't forget, if you're someone who likes to carry without one in the chamber, to hold it up so he can look down the barrel and see there's no round loaded.

Edited June 27, 2014 by tnguy

[tnguy]

It will probably be a standard question henceforth. "Are you armed" before "Do you know why I stopped you".

 

Nah, "Do you know why I stopped you?" is a fishing question (Should always be answered in the negative BTW). They'll keep it.

[JayC]

If they get caught delaying traffic stops because a person has a gun and *might* be a prohibited person...  They'll have problems.  

 

Second, up until July 1st, having a loaded gun has been a crime...  that goes away in your car...  so they can't detain you for having the gun anymore, unless they have RAS that you specifically are a prohibited person.

 

The other big surprise for officers.. 39-17-1351(t) doesn't apply to non-permit holders...  so there is no 'disarming for safety' of non-permit holders who has a loaded firearm in their vehicle under state law.

 

Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual or individuals provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder.

 

Since the new law creates an exception to 39-17-1307, not a defense to it...  I foresee a lot of officers having issues with the new law, and a number of lawsuits coming from it.

 

Anyone not prohibited from owning firearms by state or federal law may have loaded firearm(s) in private vehicle, round in chamber okay.

 

- OS

Edited June 27, 2014 by JayC

[Spiffy]

I haven't been stopped since I got my permit several years ago. I have only been stopped once and it was Yes Sir  No Sir. Since I stutter, and it's worse when nervous, I decided when I got mine I would just present both my DL and HCP that way I don't have to answer any more questions than I have to. It should make it easier on me because honestly a cops gonna have a hard enough time understanding me if I'm having a bad speech day as it is.

[Chucktshoes]

If they get caught delaying traffic stops because a person has a gun and *might* be a prohibited person...  They'll have problems.  

 

Second, up until July 1st, having a loaded gun has been a crime...  that goes away in your car...  so they can't detain you for having the gun anymore, unless they have RAS that you specifically are a prohibited person.

 

The other big surprise for officers.. 39-17-1351(t) doesn't apply to non-permit holders...  so there is no 'disarming for safety' of non-permit holders who has a loaded firearm in their vehicle under state law.

 

 

Since the new law creates an exception to 39-17-1307, not a defense to it...  I foresee a lot of officers having issues with the new law, and a number of lawsuits coming from it.

That's bound to get interesting.

[E4 No More]

Nah, "Do you know why I stopped you?" is a fishing question (Should always be answered in the negative BTW). They'll keep it.

No, it's looking for confirmation of guilt. If you answer, "Yes, officer, I'm sorry for _____." then it'll be used against you in traffic court. Like revenue collectors traffic judges are concerned with such things,

[LagerHead]

Well the question has been answered a few times so now you are gonna get everyone's (including mine) opinion on if you should or shouldn't show it to him.  :pleased:

 

I do as others stated above have said and roll windows down, lights on, DL and HCP ready to go. I do not do this to make the officers life easier but do it with the hope that me being so courteous and all will result on not getting a ticket. If the officer is going to write it either way what do you have to lose?

 

Ain't this the truth? Most of the stuff you get pulled over for is pretty stupid anyway, law or not. Might as well kiss a little behind for five minutes to save a couple hundred bucks. 

[Q-tip]

I generally choose not to inform, since my handgun has nothing to do with why they stopped me. The last time I was stopped the officer asked if I was armed (I think he saw my HCP in my wallet after I pulled out my DL) and he didn't seem at all upset that I didn't inform. He was a deputy sheriff though..probably expected it. 

[btq96r]

I'm think that the cop knew full well there is no legal requirement for a citizen to inform them if they have a HCP and/or are armed during a stop.  But since there is no consequence for a police officer to lie to a citizen, he may just be trying to get compliance one person at a time with what he thinks is best.  He seems like the "respect my authoritah" type of LEO. 

[jphillips63]

This new law that goes into effect July 1st does the handgun have to be in view or can it be concealed? Next is this for just handguns or can it be for long guns as well? Man I've been out of the loop as well so I'm paying catchup for the laws going into effect in. Few days.

[deerslayer]

I've been stopped 6 or 7 times since getting a permit (and got 1 ticket).  I've never notified them and they've never asked.  Yes, they can see if they run your license, etc, but they apparently don't always check, so I see no reason to offer it.  It probably wouldn't hurt, but I don't like the idea of possibly getting disarmed.  Less gunplay in that situation = good. 

[Oh Shoot]

This new law that goes into effect July 1st does the handgun have to be in view or can it be concealed? Next is this for just handguns or can it be for long guns as well? Man I've been out of the loop as well so I'm paying catchup for the laws going into effect in. Few days.

 

There are no such provisions specified whatsoever.

 

"SECTION 1. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting

subsection (e) in its entirety and substituting instead the following:

 

(e)

 

(1) It is an exception to the application of subsection (a) [illegal possession]  that a person is carrying or possessing a firearm or firearm ammunition in a motor vehicle if the person:

(A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and

( B ) Is in lawful possession of the motor vehicle

 

(2) As used in this subsection:

(A) “Motor vehicle” has the same meaning as defined in § 55-1-103.

( B } “Motor vehicle” does not include any motor vehicle that is:

(i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms or ammunition not required for employment within such a motor vehicle; and

(ii) Provided by such entity to an employee for use during the course of employment."

 

(existing subsection e is the various mess about loaded chamber for permit holders and proximity of ammo to unloaded gun for others)

 

- OS

Edited June 28, 2014 by Oh Shoot