What is the law

[rab]

When I took the handgun carry course the instructor said that if you are stop by any law officer that you are to tell them you have a permit and that you also have your gun. My question is am I to give up my gun to the officer if he wants it for any reason.

[oldogy]

Tn is a "not required to tell state".

Some other states are required to tell states.

Some are advocates of tell as a courtesy. The subject has been discussed time and time again here.

oldogy

[MudBugjr]

If I carry and get pulled over I hand my permit and liscense together. Last time the officer didn't even ask where it was. But I was pulled over years ago by Vanderbuilt police. They made me take it out unload it and lay it on the hood.

[Oh Shoot]

When I took the handgun carry course the instructor said that if you are stop by any law officer that you are to tell them you have a permit and that you also have your gun. My question is am I to give up my gun to the officer if he wants it for any reason.

TN Code:

1. required to volunteer info that you have HCP?: no, not addressed in TCA. Majority agrees is a good idea, though, and many feel might even help you slide on a traffic ticket

2. asked by officer if you have HCP?: yes, must tell/show, addressed in TCA

3. asked if you are armed: not addressed in TCA, but damn good idea to tell the truth

4. officer may disarm you?: yes, but he must return gun to you unless there is a violation, addressed in TCA

Your TDL and HCP have same number.

If officer runs your DL, it also reports if you have a HCP.

If he only runs your plates, it does not.

- OS

[Guest db99wj]

TN Code:

1. required to volunteer info that you have HCP?: no, not addressed in TCA. Majority agrees is a good idea, though, and many feel might even help you slide on a traffic ticket

2. asked by officer if you have HCP?: yes, must tell/show, addressed in TCA

3. asked if you are armed: not addressed in TCA, but damn good idea to tell the truth

4. officer may disarm you?: yes, but he must return gun to you unless there is a violation, addressed in TCA

Your TDL and HCP have same number.

If officer runs your DL, it also reports if you have a HCP.

If he only runs your plates, it does not.

- OS

Big ole +1.

Oh and don't yell out when the LEO comes up to the window, "I'VE GOT A GUN" that could not end very well for you.

If you do a search, you should find multiple threads on this topic.

My opinion is...depends. Quick and dirty: Pulled over for speeding-I informed-got ticket; Pulled over for tail light out-I think I informed, can't remember-got ticket; Pulled over at a THP seatbelt/dui checkpoint-didn't inform-no ticket, was just a checkpoint and I buckle and don't drink and drive.

[Justbo1901]

Stopped twice in a week and a half, (I have a Lead Foot). Informed both times and let go, first stop the leo asked what I carried and never ran my licenses becaise he never left my window. second one pulled over after a wedding had 3 beers there but had not had anything in about 2 hours, informed was carrying and had drank earlier, giving Field sobriety test, guess I faild because of nerves and standing outside in cold with short sleeves no jacket, then took a breathalizer, blew .01 and then let go no ticket, I will always inform I don't want to be that guy that gets shot by a cop because he is feared for his life if he sees my gun, In my opinion we both carry for the same reason.

[Volzfan]

I've been lucky in that since I have had my HCP I have not been stopped for any reason. From participating in discussions here, when I do get pulled over I will hand over both TDL and HCP. I guess that I'll have to see what happens from there.

[molonlabetn]

You are required to produce your permit only if you are asked, but you are not required to announce to the officer that you have a gun or a permit.

Just like a driver's license... he/she asks for it, you produce it, no further information is required unless you so choose.

[Guest jeliggett]

I would rather be the one to tell an officer that I am carrying than his partner and the draw down on me.

[JPS]

When I took the class for my permit the instructor gave what I thought was good advice - let the officer know up front that you have a permit and are carrying.

[daddyo]

This is something I didn't even think about until I read this thread.

I've had my HCP for about 12 years but didn't start carrying until about 3 years ago. Prior to that, I didn't even carry one in the car as I was one of those who was able to predict the time and place that I would be attacked.

In 2004, I was pulled over one night on the way home, and I handed the officer my DL only. He took it back to the cruiser and ran it, but when he came back he never said a word about my HCP, and at the time, it didn't even occur to me that I might need to mention it to him.

Does that mean that he knew about it and just didn't say anything, or does it really come up when they run your DL?

[Fallguy]

This is something I didn't even think about until I read this thread.

I've had my HCP for about 12 years but didn't start carrying until about 3 years ago. Prior to that, I didn't even carry one in the car as I was one of those who was able to predict the time and place that I would be attacked.

In 2004, I was pulled over one night on the way home, and I handed the officer my DL only. He took it back to the cruiser and ran it, but when he came back he never said a word about my HCP, and at the time, it didn't even occur to me that I might need to mention it to him.

Does that mean that he knew about it and just didn't say anything, or does it really come up when they run your DL?

Yes, it comes up when they run your DL. As you may have noticed it has the same number as your DL.

One reason he may not have said anything is that he didn't see the need to bring up a subject that didn't pertain to the subject at hand (driving infraction).

[Guest broncobuddha]

I've yet to be stopped while carrying, but I think I'll fall under the "I will inform" crowd.

And, something about what some of you have commented on regarding handing your TDL and CCW to the officer as a way of "informing."

IMHO, and I've heard some LEOs think along the same lines, if you're going to inform them, do so verbally, with both hands on the wheel until instructed otherwise. You digging around for both IDs while he's walking up to the vehicle, then he finds out you're carrying, may put him on edge.

I'd rather try to keep them at ease.

[DaveTN]

My question is am I to give up my gun to the officer if he wants it for any reason.

Yes.

If a Police Officer is asking for your weapon there is a reason. It may not be apparent to you at the time what that reason is.

[Fivestring63]

"second one pulled over after a wedding had 3 beers there but had not had anything in about 2 hours, informed was carrying and had drank earlier"

Hmm, am i the only one that caught this? Drinking and carrying?

[Guest bkelm18]

"second one pulled over after a wedding had 3 beers there but had not had anything in about 2 hours, informed was carrying and had drank earlier"

Hmm, am i the only one that caught this? Drinking and carrying?

Yep I caught it. Drinking, carrying, and driving.

[Oh Shoot]

Yep I caught it. Drinking, carrying, and driving.

Already been a thread on "carrying under the influence".

DUI law does not say you cannot drink and drive, and 39-17-1321 does not say you cannot drink and carry.

However anyone here may interpret the carry law, THAT officer did not charge him with DUI or carrying under the influence as he deemed that the person was guilty of neither on basis of the BAC test.

- OS

[Fallguy]

Already been a thread on "carrying under the influence".

DUI law does not say you cannot drink and drive, and 39-17-1321 does not say you cannot drink and carry.

However anyone here may interpret the carry law, THAT officer did not charge him with DUI or carrying under the influence as he deemed that the person was guilty of neither on basis of the BAC test.

- OS

+1

Just a slight correction, there is a law that says the driver of a vehicle can not have an open container of alcohol.

But you're right in that he could have just drank X amount of alcohol and as long as he is not under the influence, it is legal to drive and carry.

[Oh Shoot]

+1

Just a slight correction, there is a law that says the driver of a vehicle can not have an open container of alcohol.

But you're right in that he could have just drank X amount of alcohol and as long as he is not under the influence, it is legal to drive and carry.

Well, I don't know if I'm "right" or not, only that THAT officer saw it that way. Or he could have not even thought about the alcohol/carry statute at all. Who knows?

- OS

[Fallguy]

Well, I don't know if I'm "right" or not, only that THAT officer saw it that way. Or he could have not even thought about the alcohol/carry statute at all. Who knows?

- OS

Well as has been said "under the influence" will be determined by the LEO on the scene (as far as charging you or not).

...and you are right in that different officers may see the same situation differently.

[Guest Randy]

But think about it it you are carrying should you drink PERIOD! It has nothing to do with the law. Is is morally right and what could happen, is it worth taking any chances.

[Fivestring63]

Let me get this right. You can't drink while carrying, but you can carry and have drank earlier but not under the influence?

[Fallguy]

But think about it it you are carrying should you drink PERIOD! It has nothing to do with the law. Is is morally right and what could happen, is it worth taking any chances.

Not everyone's morals are the same.

[Oh Shoot]

But think about it it you are carrying should you drink PERIOD! It has nothing to do with the law. Is is morally right and what could happen, is it worth taking any chances.

Thankfully, "morality" is not determined by law.

Only behavior is legally judged, so it has everything to do with the law.

Look on the bright side, the law says that if you kill someone justifiably, you won't be charged with carrying under the influence.

- OS

[Oh Shoot]

Let me get this right. You can't drink while carrying, but you can carry and have drank earlier but not under the influence?

No current law in effect says you can not drink while carrying.

- OS