I don't know to make of this.

[Guest dlstewart01]

Gallatin man arrested on aggravated assault

This was in the News examiner this morning.

A Gallatin man with a concealed-carry permit was arrested after he allegedly made threatening statements to the employees of FSNB Bank in Walmart.

Don R. Harris, 72, faces one count of resisting arrest and one count of aggravated assault.

The employees of the bank told police that this suspect had come into the bank before and threatened to “hold them up†while patting a gun on his hip. He informed them he was licensed to have the gun. On another occasion he made a remark to the same employees while he had the gun, “You got any money?â€

Bank employees were afraid for their safety, police said.

When Harris was taken into custody, police seized his concealed-carry permit as evidence. Police further allege they had to use force to take him into custody.

Edited August 12, 2009 by dlstewart01

[Guest FroggyOne2]

Sounds like a case of senility has set in for the old guy.. what a shame.. the only good thing about senility that will ever happen is that we won't know it.

[Guest TurboniumOxide]

You ask for trouble, you get it, usually. This guy is an idiot if the report is true.

[E4 No More]

I don't know what to think of it either. Since he didn't actually rob the place perhaps he has a warped sense of humor?

[macville]

Sounds like some mental issues. Also, when he had threatened the bank before, shouldn't have the police been called then?

Matthew

[Fallguy]

Does sound like he thought he was being funny, but I admit it was a very bad joke.

One thing I wonder about is the police taking his HCP, AFAIK they can't do that unless directed to by the Dept of Safety. (05-154 Question 3)

The law says the judge is supposed to ask if the defendant has a HCP if charged with certain crimes and if he does order him to surrender it to the DOS, but not even the judge can actually take it or suspend it. 39-17-1352(e)

[memphismason]

One thing I wonder about is the police taking his HCP, AFAIK they can't do that unless directed to by the Dept of Safety. (05-154 Question 3)

But he didn't have a HCP, he had a Concealed Carry Permit (per the report).....and I bet his pistol took clips too.

Sorry I couldn't resist. I hate that the media refuse to call things what they are.

Sad story, for the Man and us. Either he has lost his mind, or made a very poor decision.

Edited August 12, 2009 by memphismason

[Guest justme]

I find this story hard to believe..one does not "threaten" to hold a bank up...one simply does it. I would think that even threatening to hold up a bank would be treated rather harshly by the FBI...so if he had "threatened" to hold the bank up before--why did the bank tellers, or someone who worked there not call the Bureau and let them know--I mean their field office is listed in the directory.

Second, I am not aware that the city/county police can confiscate a permit unless the state told them too--I have always been told that it requires only a state trooper to confiscate a HCP...

Third, I seriously doubt the entire story--there is just something fishy about this. If on the other hand it is true--then the person was an idiot.

[Guest canynracer]

in the commision of a crime, they can confiscate the permit along with the rest of his stuff...especially if it is evidence. thats what the permit is...evidence.

[Fallguy]

in the commision of a crime, they can confiscate the permit along with the rest of his stuff...especially if it is evidence. thats what the permit is...evidence.

I think it's a bit tricky....as evidence they may can, but in general they can not.

[Guest dlstewart01]

I find this story hard to believe..one does not "threaten" to hold a bank up...one simply does it. I would think that even threatening to hold up a bank would be treated rather harshly by the FBI...so if he had "threatened" to hold the bank up before--why did the bank tellers, or someone who worked there not call the Bureau and let them know--I mean their field office is listed in the directory.

Second, I am not aware that the city/county police can confiscate a permit unless the state told them too--I have always been told that it requires only a state trooper to confiscate a HCP...

Third, I seriously doubt the entire story--there is just something fishy about this. If on the other hand it is true--then the person was an idiot.

Well the story is in Gallatins local news paper the News Examiner owned by the Tennessean and comes out 3 times a week, Mondays, Wednesday and Fridays. I got a copy of it right here on my dining room table. I copied it as it appeared in the paper.

We have a 2nd paper that comes out Thursday that will probably have more detail.

I believe thats the bank inside of Wal-Mart that always has 3 or 4 people standing in the isle trying to get people to come in and get loans. They can be agressive at times.

Edited August 12, 2009 by dlstewart01

[DaveTN]

I find this story hard to believe..one does not "threaten" to hold a bank up...one simply does it. I would think that even threatening to hold up a bank would be treated rather harshly by the FBI...so if he had "threatened" to hold the bank up before--why did the bank tellers, or someone who worked there not call the Bureau and let them know--I mean their field office is listed in the directory.

Aggravated assault is much easier to prove than the intent required for Bank Robbery.

Contrary to popular belief, local PD’s handle bank robberies all the time; they are the first responders. The FEDS can intervene, but they usually wait for the TV cameras.

This is just a case of an HCP holder being a dumbass. I doubt anyone was scared, it sounds like they just didn’t like his joking around.

I expect the DOS will take his permit whether he is convicted of anything or not.

Second, I am not aware that the city/county police can confiscate a permit unless the state told them too--I have always been told that it requires only a state trooper to confiscate a HCP...

Now you are aware.

[hkusp40cal]

I wonder if this is a case of saying you have a bomb in an airport. Doesn't matter if you do or not, you will be arrested and spend some time in jail.

[Guest beefcakeb0]

personally, and i know i may catch hell for this, i think this may be a lie by the tellers. we know that law abiding citizens can break the law at any moment, and out of the near quarter million hcp holders in tennessee, there is bound to be some that funk up and loose them. its a given. but i think that because of the new wave of gun friendly laws, the media is more inclined to make us 'look bad'...... which shouldnt be that hard for them based on some of the stereotypical 'loose cannons' out there. myself included

[Guest nashvegas]

The national budget must be balanced. The public debt must be reduced; the arrogance of the authorities must be moderated and controlled. Payments to foreign governments must be reduced. If the nation doesn't want to go bankrupt, people must again learn to work, instead of living on public assistance. – Marcus Tullius Cicero, 55 BC

Sorry if I'm sidetracking here, but your sig line is one of the best quotes I've ever seen.

[Guest justme]

personally, and i know i may catch hell for this, i think this may be a lie by the tellers.

this is more along the lines of what I have been thinking too.

[Guest justme]

Now you are aware.

And question 3 of

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

?

According to the Atty. General--they can't.

[USMCJG]

It sounds to me like he was trying to be funny. Not a very good joke.

[DaveTN]

And question 3 of

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

?

According to the Atty. General--they can't.

It’s an opinion; not law. They did it. (According to that news article)

The guy is charged with a violent gun felony. If his attorney wants to argue that the cops were not authorized to take his permit and he should get it back; he is free to do so.

Also, we don’t know that they didn’t go through the proper channels to take it. This is all mere speculation at this point.

If you are for a second entertaining the idea that this guy did noticing wrong and these tellers are in a conspiracy to get this guy; you make a good case for keeping your weapon concealed and your mouth shut.

I guess we’ll have to try to keep track of this case and see what happens.

[JayC]

in the commision of a crime, they can confiscate the permit along with the rest of his stuff...especially if it is evidence. thats what the permit is...evidence.

I'm not sure that is the case since state law basically says only when an officer has a DOS letter in their possession may they take the permit under state law.

It does not make an exception for taking the permit as evidence, it sounds like unless the police had said letter they broke the law in this case.

As for te guy who was arrested, sounds like an old man who the bank tellers took way too seriously... Doesn't sound like he was really making a threat.

[Guest canynracer]

I'm not sure that is the case since state law basically says only when an officer has a DOS letter in their possession may they take the permit under state law.

It does not make an exception for taking the permit as evidence, it sounds like unless the police had said letter they broke the law in this case.

As for te guy who was arrested, sounds like an old man who the bank tellers took way too seriously... Doesn't sound like he was really making a threat.

They took his permit as evidence...they didnt tell him he cant go get another in its place...he can certainly go get a replacement....how much you wanna bet he gets denied???

[Mike.357]

sounds like a very odd sense of humor.

no background checks on that though.

[Guest justme]

If you are for a second entertaining the idea that this guy did noticing wrong and these tellers are in a conspiracy to get this guy; you make a good case for keeping your weapon concealed and your mouth shut.

I never suggested any such thing. I do know-people lie, they make up things to make them appear better, or to put them into a better light--it is human nature to do so. Did that happen here--I don't know, and neither do you. I won't speculate on it--because that is exactly what it is.

The article does say however that he had done this before--so if they were so afraid of him--why did they let him get away with it the first time? That is what I question.

Edited August 13, 2009 by justme

[E4 No More]

I can see a defense attorney using the fact that he's done it before without any objections from the staff as a defense.

[Guest dlstewart01]

In todays paper.....