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What If


Guest tatts

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Posted

I was leaving the house today and before I got off my property, I realized that I had forgotten my wallet. This brought a question to mind that I hope can be answered here. What if a permit holder does not have his/her permit in their possesion while carrying and a LEO requests it. Would their permit get revoced, would they get arrested or a ticket?

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Posted

I've wondered the same, I think it probably depends on the officer, but I imagine most would be reasonable about it if you told them that you didn't realize that you had forgotten it.

Posted

You're going downtown!

Actually, and I'm just hypothesizing, it will all depend on who pulls you over. I have all the information on my DL memorized and the HCP is tied to that. I could recite it verbatim and plead mercy to run home and get my act together.

On the other hand the law might just cite you.

Then again I don't worry. The second I'm near the front door of the house I give my right cheek a little pat just to make sure everything's in place.

Posted

I must be obsessive compulsive but I check several times before I pull away from the house that I have my wallet on me regardless of whether I happen to be carrying or not. I use a "Money Clip" that has a place for credit cards and identification and keep it in my front pocket.

It would have to depend on the police officer and the reason you were stopped. Likely you wouldn't have your drivers license on you either so they could make you leave your car and walk home or give you a ride down town if they were so inclined.

Posted

I had my permit with me. I use a permit ID holder that is on my belt. I was just curious because I have been caught without my drivers lis before and was wondering if it would be treated the same way. When I gave the LEO my lis # he ran it then gave me a warning. He knew I was within 1/4 of a mile from home. I checked the TNDOS websight and did not find anything other than a permit holder must show upon request. It did not or I did not see what the penelty would be.

Posted

Dont have a pic, I found it on legallyarmed.com

Guest beefcakeb0
Posted

i wouldnt admit to using one of those in public...lol

im pretty sure its just a ticketable offense, if i remember correctly, its the same sort of offense as not having a license on your person. they can run it and see all by your drivrs license #. i think.

Posted

As others have said, it really depends on the LEO.

Technically you are in violation of 39-17-1307.

So he could arrest you for that and confiscate your weapon or.....

He could tell you to unload it and store the ammo and handgun separately till you have your HCP back on your person....

or just about anywhere in between.

There was a thread on here where a member handed over his HCP at a traffic stop, upon checking it didn't show valid, although it was (technical error) he wasn't arrested, but his handgun was confiscated. Even after it was cleared up it took a lot of effort on his part to get his weapon returned.

So if you ever find yourself out and have forgot your HCP, I would unload and it store it separately quick.

Also...I would contact your legislators about a bill that would make your car like your home in that no permit is requried....:shake: But untill then probably worth getting a duplicate HCP just to leave in your vehicle.

Posted

ther is nothing wrong with it. It is better than using a CCW badge.

Posted
ther is nothing wrong with it. It is better than using a CCW badge.

...and Moe was the smartest Stooge. :shake:

Just kidding...just kidding....

Posted

I read 39-17-1307. I did not see where it would apply. It says nothing about a permit holder not in possesion of his/her permit.

Posted

You mean Moe wasnt the smartest....hmmmmm...lol

Posted

Its just a matter of preferance. Some like the badge, I dont. Some like to keep it in their wallet, thats ok too, I prefer to keep it in an ID pouch so I know it is with me whenever I carry.

Posted
I read 39-17-1307. I did not see where it would apply. It says nothing about a permit holder not in possesion of his/her permit.

No, it says that it is illegal to have a loaded weapon, period. So if you have a loaded gun in your possession you are violating the law, unless you fall under one of the defenses in 39-17-1308. If you're just walking down the street or driving in your car without your permit, one the defenses in 39-17-1308 probably won't apply. The ones about having a HCP or being on your property for sure won't apply.

39-17-1351(n)(1) says the permit shall be in your possession when you are carrying. So if you don't have it with you...you don't have it with you and are in violation.

I'm not saying you will always be arrested or your gun taken, I'm just saying that could happen.

Posted

I see your point. Like I said earlier, I had mine with me. It was just a curiosity type question. I am glad that it did spark some stimulating and educational conversation.

Posted

I don't carry cash, so I don't carry a wallet. I carry my cards with a ponytail holder around them in a cargo pocket. Where my wallet normally would be is my gun, so just in case a guy sticks a knife in my face and asks for my wallet, might buy me some time.

Guest 270win
Posted

If you carry your handgun concealed on your person or in your car, you shouldn't have a problem. Don't disclose the fact that you are armed, if by chance you don't have your permit. It isn't too wise to tell the police "HEY...by the way....I have a gun in my car...but i left my permit at home" during a traffic stop. Silence is golden. I have been stopped several times before having a license when it was sort of legal, legal, or even misdemeanor illegal, depending on state I was in, and kept my mouth shut about the gun in the glovebox. Keep insurance and registration on the visor and hands visible....worst comes to worst and you left both DL and permit at home don't dare mention anything about the gun...just say nothing. The mouth gets people in more trouble than anything. I still make it a habit of just handing DL, insurance, and registration, and having hands visible, and still no problems..even with a permit...never once been asked to see my permit or about if i had a gun.

Guest canynracer
Posted
FYI, you can purchase extra HCP's for a very reasonable price. Keep an extra in each vehicle and anywhere else you may need one.

And, when they break into your car, they get you DL number, your address (cause now they KNOW you have guns), plus....Identity theft just waiting to happen.... makes for a happy bad guy!

Posted
most likely arrested for carrying a concealed weapon

Tennessee has no such law. You could only be charged with carrying a weapon for the purpose of going armed.

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