Carry Question

[Guest Steve Bryant]

During a routine car stop (forgot to put my registration sticker on), the officer asked me if I was carrying my gun. Excuse me? Sure, he had access to my records and they showed that I was licensed to carry, but when I told him no, he told me that whenever I'm stopped, I have to tell the officer that I am licensed to carry. He also said I also had to tell the officer whether or not I was carrying at the time.

Is this the law in TN? If so, I will comply. It's been over 20 years since I was stopped by a police officer so it probably won't come up. But this troubles me. Saying, "Officer I'm licensed to carry in TN and have a calf holster on right now with a loaded weapon," seems inflammatory at best and blatantly unconstitutional.

I read the law and can't find this information, but I might be missing it. Is it the law? Again, if so, I will comply. Thank you for your help.

[Guest crotalus01]

There is no law in TN saying you have to inform an officer that you are carrying or that you have a HCP. You MUST show your HCP if they ask for it however.

There are a few threads on here debating the best course of action during a stop when you are armed. Most LEOs seem to prefer that you hand them your HCP with your license and other information, but there is no requirement to do so.

You might want to contact that officers department or supervisor and inform them that they need to better educate their officers on the law.

Edited September 21, 2009 by crotalus01

[mightymouse]

No, not true. You don't have to tell him anything upfront. However, some will say any encounter will go smoother if you do mention it, especially if your sidearm may become exposed before the officer discovers you have a HCP.

I have been on both sides of this. I was stopped once for speeding on 840 and was drilled by the officer for not informing him when he initally came to my window, just like you. I have also been pulled over(well my wife was, I was in the passenger seat) in Jackson and my sidearm was in the glovebox with the regisration. I informed the officer this and he told me just to lay it in the floor.

[BigPoppa]

You are not obligated under Tennessee law to volunteer this information, but you are required to answer truthfully if the LEO asks, and to provide your HCP card for examination. The officer may also, at his discretion, disarm you during the duration of the traffic stop or investigation.

Bear in mind that your DL number and your HCP number are the same, and your HCP status will come up when your DL is run.

IMO, it sets a cooperative, non-confrontational tone to let the LEO know up front that you are a HCP holder and that you are armed (and let them know in that order). Most LEO's will appreciate your honesty, and become more comfortable thereafter in handling the stop or whatever it is.

[Guest crotalus01]

So what part is not true? You just agreed with my post. There is NO requirement or law in TN that says you have to inform, only that you MUST show your HCP if the officer asks for it.

There are other threads on here where the subject of informing or not has been beat to death...

Edit to add do not lie if they ask if you are armed, I am pretty sure that would get you some steel bracelets fairly quickly.

Edited September 21, 2009 by crotalus01

[Guest Steve Bryant]

Thank you all for the information! Good to know it's not a law. I will hand my HCP to any officer who stops me and inform him whether or not I'm carrying. Like I said, I've made it to 58 with only one speeding ticket, (59 in a 50), when I was in my early 30's, so it probably won't ever come up. Good to have the information. Thank you again.

[Mariner]

So what part is not true? You just agreed with my post. There is NO requirement or law in TN that says you have to inform, only that you MUST show your HCP if the officer asks for it.

There are other threads on here where the subject of informing or not has been beat to death...

Edit to add do not lie if they ask if you are armed, I am pretty sure that would get you some steel bracelets fairly quickly.

I don't think he was saying you were wrong. I think he was refering to the original post that the officer claimed he had to inform him. Just the way I read it though.

[mightymouse]

I don't think he was saying you were wrong. I think he was refering to the original post that the officer claimed he had to inform him. Just the way I read it though.

Correct, I was respnding to the OP. Sorry for any confusion. When I hit reply there were no other comments. By the time I hit submit, you were there crotalus. When you type with 2 fingers like me it takes a while!

[Guest crotalus01]

Hehehe....understand that. I hunt and peck myself...

[Guest Muttling]

+1 to all the above.

No requirement to inform, but I've been stopped twice while carrying. Both times I handed my DL over then showed my HCP saying "This will come up when you run my license."

Both times, the officer's response was "O'k" and not another word was mentioned about the HCP.

[TNTitan]

+1 to all the above.

No requirement to inform, but I've been stopped twice while carrying. Both times I handed my DL over then showed my HCP saying "This will come up when you run my license."

Both times, the officer's response was "O'k" and not another word was mentioned about the HCP.

hmm. I like that. proactive and "disarming". nice touch.

[LagerHead]

hmm. I like that. proactive and "disarming". nice touch.

Which is exactly why I tell them up front. You know it's going to come up during their check, you know there are some officers out there that incorrectly believe you are required to tell them, and you know you can get all of this out of the way up front, real nice and polite like. To me, it's a win-win. Besides, both times I've informed up front, I've gone on my merry way none the poorer. Might be coincidence, might not. But so far it's been 100% effective, so why change?

[Guest .45]

IMO, it sets a cooperative, non-confrontational tone to let the LEO know up front that you are a HCP holder and that you are armed (and let them know in that order). Most LEO's will appreciate your honesty, and become more comfortable thereafter in handling the stop or whatever it is.

+1. just a courtesy to let him know, whether you have to or not. he spends every day walking up to car-fulls of "who knows what"... I'm sure he'll appreciate the gesture on your part.

not to mention the fact that if he sees your weapon, but hasn't been told you're licensed/carrying...you may be in for a nasty surprise...

just my

[Fivestring63]

I think the sad thing about this whole confrontation is the Officer not knowing the law. It would make my day to educate one one day. Respectfully, of course.

[DaveTN]

While not being required by law, common sense must come into play.

I’ve been on many traffic stops where the people in the car were fixed on me at the window and did not even notice my partner or back-up Officer standing at the other side of the car looking in.

For that reason I will inform if I am carrying and not worry about it if I am not.

I would much rather calmly inform the Officer I am carrying than deal with what may happen when we hear “Partner….Gunâ€.

[GLOCKMEISTER]

another example of an uninformed police officer making up the law as he goes. You would be supprised how many officers think this.

I advise voluntering the information, but there is no requirment to do so by law unless he asks.

[MudBugjr]

I was pulled overe once while a passenger. Told the officer and they made me take it out unload it and lay it on the hood of my truck. didn't bother me because We where not breaking any laws. But that was Vandy's Police dept that pulled us over on Broadway. Figurerd they where out of their area anyway.

[Guest DylisTN]

I made a copy of my dl, hcp, insurance card, and registration on one sheet and keep it handy. Never been stoped, but the plan is to hand the sheet over and offer the originals on request

[TNTitan]

I made a copy of my dl, hcp, insurance card, and registration on one sheet and keep it handy. Never been stoped, but the plan is to hand the sheet over and offer the originals on request

hmm.. would a LEO accept a photocopy of a DL?

[Mike.357]

hmm.. would a LEO accept a photocopy of a DL?

I cannot think of any instance where a photocopy of an ID would be accepted.

not saying it is bad to have that mind you

[Guest Muttling]

I had a great teacher for my HCP class and he harped on one phrase that I think is GREAT for when you are talking to a LEO (armed or not.)

"What would you like for me to do?"

He asks, "Are you armed?"......You don't move your hands, you just say "Yes I am, what would you like for me to do?"

I learned a number of things in that class, but that phrase is the best.

[MudBugjr]

I really don't understand whats the big deal. Get pulled over hand the officer your HCP and DL. Then wait to see what he asks of you next. Everybody is happy. If I'm not carrying and get pulled over I just hand the officer my DL. If he asks about a firearm I just tell him i'm not carrying at the moment. If your the type that doesn't think that they should ask and you don't have to tell. then don't until asked.

[Guest Muttling]

I really don't understand whats the big deal. Get pulled over hand the officer your HCP and DL. Then wait to see what he asks of you next. Everybody is happy. If I'm not carrying and get pulled over I just hand the officer my DL. If he asks about a firearm I just tell him i'm not carrying at the moment. If your the type that doesn't think that they should ask and you don't have to tell. then don't until asked.

I agree with you for us, traffic stops shouldn't be a big deal as far as carry goes.

For the LEO, it's a HUGE deal. Traffic stops are one of the most dangerous things they do. Lots of cops have been killed during "routine" traffic stops. I think we should cut them a lot of slack here and go out of our way to politely let them know we are law abiding gun owners instead of a gun carrying criminal who may mean them harm.

[Oh Shoot]

I agree with you for us, traffic stops shouldn't be a big deal as far as carry goes.

For the LEO, it's a HUGE deal. Traffic stops are one of the most dangerous things they do. Lots of cops have been killed during "routine" traffic stops. I think we should cut them a lot of slack here and go out of our way to politely let them know we are law abiding gun owners instead of a gun carrying criminal who may mean them harm.

Agree totally.

I've have no stats for reference, but surely traffic stops have caused many LEO deaths through the years, probably right up there with domestic dispute calls (I'm guessing even more so). I know most every stop would be big time pucker factor for moi if it were my job.

- OS

[Guest Muttling]

Agree totally.

I've have no stats for reference, but surely traffic stops have caused many LEO deaths through the years, probably right up there with domestic dispute calls (I'm guessing even more so). I know most every stop would be big time pucker factor for moi if it were my job.

- OS

I don't have anything to link, but every report I have heard says that traffic stops and domestic violence calls kill more cops than anything else by far.

On a traffic stop, they never know who's really driving the car or what their state of mind is. They also have to watch out for getting hit by the traffic going past them as they walk up to the car.

Like you, I'd be cracking walnuts with my butt cheeks everytime I made a traffic stop. I'm all for getting on the officer's good side and letting him know that the cars zipping by are a far bigger concern than me.