Concealed or Open Carry

[Guest Hyaloid]

I don't have myTn. permit yet. I need to get the leave time to come home and get it. Maybe this question will be answered when I take the class, but I will ask it here. First a little background. I was stationed in Va. Va. also has open carry, but they also have a catch 22. You can carry your pistol openly, but if someone calls the cops to you, you can be charged with disturbing the peace and possesion of a weapon during the commission of a crime. That to me is completely absurd. Why make a law, then prosecute people for abiding by that law?

Does Tn. have this same catch 22?

You may wish to chekc out www.opencarry.org , if you were detained in VA for open carry, that is a gross misrepresentation and application of the law and you should fight it.

[Guest DEIMOS]

I did not carry in Va., but I had freinds who did. They always concealed because of this. This is where I got my information.

edit: just checked opencarry.org Va. is a gold star state and the site states that LEOs' are well educated as to it's legality. Maybe I got bum gouge from my buddies. I can still see some gun hatin' soccer mom callin' the cops though. I am going to check with local LEO when I get back down there. I can't carry on base, so I will have to leave it at home when I go to work.

[Guest Loaded247]

DEIMOS, Tennessee issues a 'Handgun Carry Permit'...concealment is not 'mandatory' here, and although I could of course be mistaken, there is no 'disturbing the peace' provision if someone objects to the sight of your pistol.

I see folks open carry here, and I've never seen local law enforcement make an issue of it. With that said, the possibility always exists that you might run across an individual officer who is ignorant of the law, and who might then act on his own ignorance......

[Marswolf]

I've never seen a problem here in Tennessee, or Virginia either for that matter. Some cops like to intimidate those who don't know their rights, but most are cool (OK) with open carry. Even if you hit a bad cop, most of them and their departments really don't want to be sued and will back off if you politely assert your rights.

Of course if you come in from the cold wearing a hoodie and balaclava, someone might call the cops. I'm big on looking like you should have a gun.

[Guest DEIMOS]

According to opencarry.org, a liscense is not required in Va. for open carry. however, I will be in Va. Bch, and there are some strict city ordinances, such as being cited for public consumption while in your own home if you can be seen consuming alcohol through your windows.

I will take the safe route by asking local LEO before I carry. AFAIK, Tn. reciprocates with Va. so when I get my Tn. permit, I will have my bases covered.

[Marswolf]

Virginia Beach is known to be un-gun friendly. Until the state legislature slapped them down, they had a bunch of local ordinances against guns.

Just be careful and make sure you can't be accused of brandishing.

[Guest Hyaloid]

ONe of the best pieces of advice I received from opencarry.org was not to ask LEOs for advice on law. That's like asking the high school kid in Best Buy how to build a gaming computer, most of them know enough to give you answers that may sound correct, but when analyzed or implemented, the info is usually WRONG.

[Guest Hyaloid]

Let me emphasize please, I am not bashing LEOs at all... but on average many are ignorant of many laws in one fashion or another.

YMMV

[towerclimber37]

I'll certainly be keeping the .357sig XD 4", but I forsee losing my trusty P239 to my wife, when she gets her permit (she's already claimed the Sig as hers , I just get to carry it for now)

Don't you hate it when they want to "share" something? ok..thats a nice pistol, if you buy it, we have to "share"... and then it turns out its 99% hers..and you're borrowing it. *sigh*

[Guest DEIMOS]

ONe of the best pieces of advice I received from opencarry.org was not to ask LEOs for advice on law. That's like asking the high school kid in Best Buy how to build a gaming computer, most of them know enough to give you answers that may sound correct, but when analyzed or implemented, the info is usually WRONG.

Maybe ask a judge or a lawyer? It's one thing to know the law but another to know how it is enforced. I had a LEO in Ga. stop me on the side of the road as I was walking back to my fathers house. I had been out in the woods and came out on the road. I had a large knife on my side and he stopped because he saw it. I had my .357 in a shoulder rig under my jacket. He got out of his car with his pistol at low ready and told me to drop my knife on the ground. He walked up to me then and asked for ID. I did not have a permit so I did not say anything about my pistol. As he asked for my ID, he also asked if I had any other weapons. I figured I was done at this point, but when I told him about my pistol, he did'nt even bat an eye. He took my pistol, ran the numbers and my ID. Once he was satisfied I was not a BG, he gave everything back and told me to have a nice day. I guess it depends alot on the officer. He could have gotten me for unliscensed concealment but let me go on my merry way.

[towerclimber37]

Deimos,

Like you, I am home rarely...It takes awhile to get your permit here, which is aggrivating considering the background check shouldn't take that long! I'm never home long enough to get all the paperwork and classwork done at once.

I guess I'll have to do it piecemeal.

good post though! thanks.

[GhostDog]

I always carry concealed (except on the range). Even when I was an LEO, I always carried concealed (off duty).

My understanding was that the law in Tennessee was written as a carry permit vs concealed carry permit so that a permit holder would not be in violation if someone happened to see their firearm (no penalty for inadvertent "flashing" of the pistol).

[Marswolf]

My understanding was that the law in Tennessee was written as a carry permit vs concealed carry permit so that a permit holder would not be in violation if someone happened to see their firearm (no penalty for inadvertent "flashing" of the pistol).

That is my understanding, GhostDog.

[Guest ProguninTN]

I have been told that the TN Carry was written so as not to criminalize accidental exposure of weapons. This would make open carry legal. As in the American legal system, whatever is not expressly prohibited, is by default legal. Additionally, AG Opinion 05-154 states that the legislature intended for both methods of carry to be legal.

[Marswolf]

As I recall, the original wording was for concealed carry, but was changed to allow both so some anti-gun Chief in Chattanooga or sheriff in Sullivan County wouldn't have people arrested for accidentally exposing their handgun.

BTW, we kicked out that sheriff in the next election.

[molonlabetn]

I have been told that the TN Carry was written so as not to criminalize accidental exposure of weapons. This would make open carry legal. As in the American legal system, whatever is not expressly prohibited, is by default legal. Additionally, AG Opinion 05-154 states that the legislature intended for both methods of carry to be legal.

http://www.attorneygeneral.state.tn.us/op/2005/OP/OP154.pdf

[RandyC]

I'm concealed pretty much all the time.

I work in a metropolitan area near Vanderbilt ( a liberal ant colony ) and see no reason to draw a lot of attention to myself. It's for the children.

[shaftbass]

I'm concealed pretty much all the time.

I work in a metropolitan area near Vanderbilt ( a liberal ant colony ) and see no reason to draw a lot of attention to myself. It's for the children.

I work in that area too.

[Guest db99wj]

I will conceal most of the time, with my CTAC in the pants holster, but on weekends when I dress more casual, I will usually wear my Blackhawk serpa with my shirt over it, if I have to tuck my shirt in, I will conceal.

I don't want to advertise, but if I reach or move and it is exposed, so be it.

Disclaimer: This is all in the future due to the fact that I just got my permit TODAY.

[Guest JDxd45]

I carry concealed ALL of the time. Carrying open certainly would be more comfortable, but like dfrewi, why show everyone your cards? Also, there are lot of people that just go ballistic when they see ANY gun, and I just don't want the hastle when there's nothing to be gained by it.

[Guest db99wj]

I carry concealed ALL of the time. Carrying open certainly would be more comfortable, but like dfrewi, why show everyone your cards? Also, there are lot of people that just go ballistic when they see ANY gun, and I just don't want the hastle when there's nothing to be gained by it.

But you live in Memphis, you have to show it, all the thugs dooo!!!

Just kidding.

[Mousegun]

I have been told that the TN Carry was written so as not to criminalize accidental exposure of weapons. This would make open carry legal. As in the American legal system, whatever is not expressly prohibited, is by default legal. Additionally, AG Opinion 05-154 states that the legislature intended for both methods of carry to be legal.

I believe this to be true. With the potential climate in our state with Jimmy Naifeh in power, the sensible law that prevents trouble from an accidental exposure could possibly be attempted to be overturned if too many instances of open carry wound up causing problems.

If a button could be pushed and all licensed handgun carriers suddenly began open carrying and carefully explaining to "others" that it is well within the law and our right to do so, it wouldn't take long for the public to stop the "man with a gun" calls and begin accepting it as a fact of life.

[Guest Steelharp]

Concealed for me, 99.99% of the time. It has been interesting, though, the few times I've had it exposed, to see that absolutely no one even noticed it. Not even a double take.

[Guest db99wj]

Concealed for me, 99.99% of the time. It has been interesting, though, the few times I've had it exposed, to see that absolutely no one even noticed it. Not even a double take.

Tuesday evening was going to get Valentine stuff and the wind was blowing hard, gusts up to 30 mph according to the news, and I was wearing a Suit with suit coat and my CTAC with my shirt not tucked in over it, but behind it, so that it was exposed (if I were to open my jacket completely) and a few times the wind blew so hard, it opened my jacket, no one gave me a second look in the parking lot.

I think a lot of times, a brief exposure of your weapon, whether it is by what I described, or reaching for something or grabbing your wallet, most people won't ever notice anymore because everyone has something strapped to their waist, typically it is a cell phone or blackberry or something similar. And if they do "see" something, by the time they look again, you are covered up again.

[Marswolf]

I contend that it's a matter of whether you look like someone who should have a gun. People in suits never get a second look. People just assume you are honest if you are dressed professionally.

Remember that the next time you want to rob someone.