Fallguy

I semi understand but....not sure how length of time would have had anything to do with it.... If you are going to drive, practice medicine, practice law, sell insurance and many other things...even if only for a day...you still need the appropriate lisence....

I agree with that, but there is debate in another thread. Would like to know if he has a HCP or not... According to a search of the Commercial Appeal's database (last updated 03/08/11) there is no one in the whole state of TN with the clerks last name that has a permit. But also just for argument sake....if he did need a HCP and didn't have one....if it is determined to be self-defense he would be covered by 39-17-1322

Thank you very much for the update. I have been meaning to get back there and check but it is not a regular place I go. Was sort of a fluke I was there that day.

Pretty much what he said....

Yeah...I know actually getting the cost of defending the suit back is low....but guess I have always that maybe that would keep most reputable lawyers from taking the case in the first place for the scumbag you shot...

There is no duty to retreat in TN.

Yeah...just so long as you don't want to allow smoking or not allow certain races, sexes or religions. Also as long as you comply with all ADA regulations. Not quite as free to do what you'd like with property that is open to the public as you are other private property.

I agree. ...and remember he doesn't necessarly have to be holding it for him to be considered in possesion of it.

I umderstand and I agree. Yep

As Dave said....there really is no limits for arrest by a citizen than those for LEO. Also has he said, on misdemenor most of the time somoene is cited instead of taking to jail.

You are correct, if a citizen makes the arrest, they can take custody of the person.

I'm not doubting what you say at all.....but Trespassing is a misdemeanor offense. For a LEO to make an arrest without a warrant, the offense must occur in his presence. So it's really not a matter of taking someone's word for it. Now if the person was told to leave in the officers presence (including earlier in the day, week or whenever) and he didn't go (or in the case of earlier notification, was still on the property).....hook him up and take him away. That is why some places do the paper...so the PD knows that a certain person doesn't have the consent of the owner to be on the property, that way they can be arrested for trespassing for just being on the property without having to be asked to leave by the property owner.

Well I really hope a DA wouldn't go after someone in their own home either. My point was just the law on the books, not really how it has been applied. I think you are right about 39-14-405 that an officer doesn't have to tell the person. I think it boils down to the person knowing they do not have the owners' consent to be back on the property. As I said in another thread, they way they do this in Columbia (at least at Walmart) is the manager tells the person in front of an officer and a piece of paper is filled out and a picture taken. That way the person doesn't have much of an argument that they didn't know.

Well.."No Smoking" signs carry the weight of law in TN too... But I do agree a majority of TN laws violate the TN constitution. According to TN law you don't even have a right to own/possess a firearm in your home. It is only a "defense" to proscution....

Since it is a misdemeanor, for a LEO to arrest you he has to witness it. Otherwise the owner would have to swear out a warrant.

Those signs don't mean anything. They never did legally prohibit carry. Just warned of the consequences of violating the law...a law which no longer exsist. yep Other than since more than likely there would be other people arround which would make it a class A misdemeanor and the possibilty of jail time. Where a violation of 39-17-1359 is only a Class B and fine only.

^^^What he said^^^

Yep....takes the House, Senate and the President to pass a law and this has only been past the House. Also as other said....even if it did pass, it only makes permits good in other states that issue permits. So since IL does not issue permits, no other states permits would be honored there.

I work on a Federal Instalation....so no carry, no leaving in vehicle.

That's how a TN LEO checks a TN DL.... I think he was asking how TN LEO checks a FL DL or a FL LEO checks a TN DL. I know it is done through the same computer terminal, but I don't really remember the particulars. Also...I don't think all 50 states maintain a computer database of DLs and/or don't participate in the system that allows them to be checked from out of state.

Well can try and go through your Senator instead....

Yeah...you got back to your post before I did... I have sent questions to my Rep in the past and he forwarded them on to the AG for me (07-143). Another time he consulted the House Legal Staff and relayed their opinion to me (non-LEO, non-security carry of batons). From what I've read of the TCA and TN Constitution, nothing actually prevents the AG from giving opinions to citizens that may ask for one, just that he is "required" to give them to some people. In other states AGs do give "unofficial" opinions to citizens.

Well...I can see your side...it's just that before any debate I looked at in the way I do. I will admit your "place of employment" v "place of business" is interesting. I would almost think of trying to get an AG opinion...but I don't know of too many "favorable" firearms opinions of his...lol Have not heard any more about it. It will be interesting to see what, if anything, happens. I think the biggest issue there though is about not have a security license more than anything else.

Yeah...it seems several LEOs go ahead and get HCPs as well to have them for the "future" or also so as to be able to carry weapons not covered under dept policy when off-duty. Also doesn't hurt that current POST Certifed (or certifed in the last 5 years) LEOs don't have to take safety course...

I had thought of that for a minute...but as OS said, sports shooting is specifically listed as a defense 39-17-1308(a)(4) As far as your grandfathers ranch.....I agree with you in that since you had his permission it was ok.