J5684

First, to carry a handgun in Tennessee with a permit is a privilege not a constitutional right. If I were to walk in your house or on your property and start running serial numbers without probable cause or a warrant, that would be unconstitutional. DO I care that law abiding citizens are legally carrying? NO! I am all for it. I would never disarm a LEGAL permit holder for no reason and I know that most leo's I work with won't. No I would not run your gun's S/N on a traffic stop. No I would not run your gun's serial on a call for service except as stated below. I would disarm you if you were an alleged offender in a call for service, yes I would run the S/N if you were an alleged offender of a violent offense or drug offense or arrested for any charge as required by evidential policy. There is no law prohibiting an officer from running the serial number. There is no backdoor data base that ties a person's name with the serial of a gun that is run through NCIC. I have run many weapons through NCIC and it does not require, or have a place for a persons name or any information other than make, model, caliber and serial. To narrow a check the make, model and caliber is normally only added since many weapons sometimes will have the same numeric serial and make and caliber is used to identify if NCIC "hits" on the number alone. hope this helps

As a sworn LEO we DO have some type duty to act, TCA Title 38 Chapter 3 I don't have to stop people speeding or running red lights, stop signs ect, True.. But in our dept we have a duty to act policy on duty. We also have a policy off duty. We don't have to run after shoplifters, bank robbers, pull out guns or anything that would endanger ourselves or public safety off duty. Simple observation and reporting is all we are required to do... I'm glad to see people carrying legally, I had a HCP before I was a LEO and will continue to keep it. On traffic stops I never ask a person with a HCP in good standing to ground their weapon. I usually get handed the HCP with a drivers license and I always ask if there are any weapons for my own safety HCP or not. When I run the DL it will tell me if the HCP is valid and I'll know if the person is armed or not already. The only time I do ask them to ground or secure is if I'm conducting any type of investigation, this includes traffic accidents. Most of the time I get asked "Do you want me to secure it" I don't disarm them I ask them to ground it and secure it unless it's a situation which would require me to disarm the person. There is a TCA allowing a peace officer to disarm a valid HCP holder with respect to safety. I have run across many turds that have a HCP and carry that shouldn't and it's only a matter of time before they lose that privilege.

If it was a normal stop nothing suspicious I doubt I'd find out. However if there was something else that led me to discover the firearm, that is when all courtesy goes out the window.

Not having your HCP permit on you could get you charged with intent to go armed but not to likely. For us, when we run DL's dispatch will advise us if the person has a valid gun permit. Me personally that is good enough, along with the standard "you know the rules" speech, don't let me catch ya again, yada, yada. But if an officer is wanting to press the issue for us at least there is a number that we fax incidents to the TDOS for handgun permit violations and let TDOS handle it. If I ask a person with a valid HCP, that is not in possession of the ID itself if there is a gun in the car or on their person and I get told no that's fine. If somehow I find that there is, I promise that I will write that person for everything I possibly can that includes filing with TDOS. I believe in common courtesy

Not to feed the fire but I still don't know if the deputy just strolled in or was called by someone. That would make the argument..

TBI checks are fairly accurate for incidents in TN but won't show juvenile records to the public, even if you are the person requesting. DOS makes 3 checks, TBI, FBI and Local.. Yes DOS can look at a juvenile record if not expunged with regards to BG checks What he needs to do is submit finger prints to the FBI. Federal Bureau of Investigation - Criminal Justice Information Services Division - FBI Identification Record Request It takes awhile but would answer any doubt. Or risk the 115$ If they were violent felonies, (which any felony assault is a violent felony in TN) then there is a good chance FBI has it on file, and could possibly hinder him.. No where does it say in the HCP guidelines that a conviction of a felony as an adult. Just says: "Applicants shall not have been convicted of any felony offense punishable for a term exceeding one (1) year" Not trying to rain on anyone's parade, just trying to clarify.. Good Luck

Fallguy is right on the money I'm just going off what you have posted so : He could if he can show some kinda of pattern or a documented serious incident that puts him in fear of you.. Not just words must be actions, or pattern of words related to a past action. IE, you beat this person up last year and you threaten to do it again every time you see him etc.. Since it's a non-domestic related and you've never had problems with this person before (no pattern) I'd say you're in the clear.. I highly doubt a Judge would issue a temp or permanent OP based on what you have posted.. But there always a chance, and if he was successful in obtaining a permanent OP you'd loose your HCP. If this person did get a temp ex parte OP, you would need to be served with the order which would have a court date to determine if the order would become permanent. So it's not like you're out of the loop if you never hear of anything.. Your HCP could be suspended until you are served and had your day in court. ex parte just means "without both sides" basically, for those who don't know .. but due to our 5th amendment ex parte can only be a temp action..

You might want to rephrase that... Only if you are questioned about the incident at hand and feel you are not free to leave... "spontaneous utterance" is admissible in court.. If you start to talk when the police arrive on your own then it is admissible. Miranda only applies if you are questioned directly about the incident where you feel you are not free to leave. You still have to answer field questions like "who are you, do you live here" with out Miranda.. Miranda only attaches with custody and interrogation.. You can be considered in custody with out being in cuffs. If you feel you are not free to leave at any point that can be considered a seizure of your freedom and is protected by the 4th amendment, but as long as the officer has probable cause you can be "seized" for a reasonable amount of time for investigative purpose relative to the probably cause. If an officer has good probable cause and or evidence you can be arrested and booked into jail without ever getting mirandized. Is that wise? probably not .. Legal Yes..

I've had one for a number of years they are great for the money.. No problems at all.. Mine is the 28 in barrel I mainly use it for fun, skeet etc.. Mine has the double arms for the pump action but single action rail. From what I hear the newer ones have the dual action rail.

I'd just relax a bit .. Just about everyone I know had gotten theirs on a Friday.. When I first got mine it was 70 or 75 days.. There was no "phone call", just showed up in the mail one day.. A friend on mine recently did "the call" on a Monday and was told 7-14 days.. It was issued on that Monday and received that Friday. First class mail only takes about 1 day to travel through TN.

I too waited a longer time than most of recent. When I first got mine it was 75 days but that was also when they had rolled ink fingerprints and it took a long time for them to get verified by both TBI and FBI. Now with the electronic prints it takes a matter of minutes to run them through a computer once they get to them. When I worked in the Jail, electronic fingerprints would return in minutes rather than 7-14 days with rolled ink prints. And the darn ink scanner didn't work right most of the time or got rejected by the FBI, so we usually were waiting the full 14 days on a simple FBI check. The electronic fingerprints really only speed up the TBI and FBI BG checks not the "processing" part or the Sheriff's check.. Glad it's moving faster for everyone..

I renewed dec 29, and got my new one last week, no call.. My old one expired 2-23...

I'd say you're fine.. But the department of safety will see this in your BG check. JFYI if you were booked into the jail and charged then you will still have an arrest record, even if the charges were dropped and expunged. Expunged records are only expungement of public records and do not effect records at the Sherrifs office or the FBI and TBI. (TCA 40-32-101) The TBI has an "expunged offender and pretrial diversion database" where it keeps charges that have been expunged only for law enforcement purposes, and any future courts issues a person might have. But they are not public record and cannot be looked at by anyone other than LE or courts for investigative purposes only. So if someone runs a criminal history on you that is not law/government related, it will not show up. But the key word is CONVICTED. Arrested and charged, Yes.. Charges dropped= not convicted. It's not a big issue, I wouldn't worry...

Your point is well noted. I do understand the point of trying to be someone your not, I know there are plenty out there. That was not my intention to convey that. I do not treat anyone with a HCP with disrespect, I usually let them go on their way because it does take a little more to obtain one than just the average Joe. Maybe I take for granted that everyone with a HCP is a law abiding citizen and wouldn't try to convey that image of being a cop. I have been an armed security guard, but that has been many years ago. The only thing extra I had to do as an armed guard is 8 more hours of class to tell you what you can and can't do, unless they have changed it so if that is earning it I guess I'll take it. I still got crapped on and is the main reason I left that line of work, but I also met alot of good people that later became police officers, so it's a toss up. I have 12 years experience as a reserve, but it still counts and just now went through an academy because of a lay-off of my past job of 10 years due to the wonderful economy.. The incident I was referring to was an armed man with a gun call who's wife called and said he was going to kill her. So yes we responded they way we were trained, I was not the only officer there nor was I the first on scene. He was taken down at gun point, proned out and handcuffed, searched and put in a car. That is what I meant by "roughed up" and he didn't even have a gun on him, but did have a HCP. But after we got the whole story, he was released on the scene. Yes he did everything we told him to.. If it's one thing I am not is hotheaded, I'm probably one of the "coolest cucumbers" you could meet, a direct quote from my LT.

Well I'll say it in plain English for those of you that have a hard time understanding - I personally wouldn't have one, I was just saying if someone wanted one let them have at it, I wouldn't waste my time with fooling with someone that had one. But I shouldn't have said get a HCP badge to keep people from calling the cops, that was my mistake. My reasoning was that when I'm on duty I would hate to get called to a man with a gun, you get hyped and ready for a take down, and it turn out to be a permit holder that you have roughed up and scared, and get bashed for it and YES that has happened. I forget that most people don't know what it's like. So that was my mistake.. I do have my permit even though I don't need it, I also wear a uniform and real badge from time to time when called upon, spent my own money to go through an academy. So if I "scare" you oh well.. There's alot of stuff on here that scares me, do I care? NO I don't, each person has opinion right or wrong. I'd still pull any of you out of that burning or banged up car, or take that bullet and not think twice no matter what opinion they had.