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First LEO encounter while carrying


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Guest Engloid
Posted

Personally, I think this falls under an "abuse of power charge." You wouldn't give your firearm up to any other stranger, would you? You did it because he was a cop andyou were afraid what might happen if you didn't.

He violated your right to carry the firearm, plain and simple!!

As for his safety.. He should have called in your tags to begin with and would have been told you had a HCP, by dispatch. This also tells him if you have any sort of warrants or anything particularly bad. He had NO right to disarm you.

I would call the police station and ask for a written apology for your rights being violated, and then send it to the local papers.

Guest Engloid
Posted
In my case it's former LEO.

I'm not saying that's what will happen; I'm saying that it can happen. Police aren't trained to wait for you to draw and fire before they act. If I suddenly saw a gun when I do not know you are a lawful carrier I will assume the worst until proven otherwise. You will at least be having my gun stuck in your face until I determine you are a lawful carrier, and I don't care what anyone thinks about it, and neither would my Chief of Police.

So with this logic, if I see a person walking down the road towards me with a baseball bat, I should assume the worst and draw my weapon, before I see any sign of aggression...

and that would be illegal brandishing. :koolaid:

Posted
So with this logic, if I see a person walking down the road towards me with a baseball bat, I should assume the worst and draw my weapon, before I see any sign of aggression...

and that would be illegal brandishing. :koolaid:

One is not like the other, now is it Mr. Logical? :D

Guest Engloid
Posted
One is not like the other, now is it Mr. Logical? :D

An apple is not an orange, but they're both fruits. You want to argue that too? :koolaid:

In both situations in this topic, there is no reason to think a person has any intention of doing you harm.

I have read a lot of this thread, but not all of it...and throughout, I see the same trend in your posts... pot calling the kettle black.

What I mean by that is that you don't seem to understand logic, then tell others they're not being logical. I guess it makes sense though, that an illogical person such as you wouldn't recognize logic when he sees it. :D

Guest Jamie
Posted

As for his safety.. He should have called in your tags to begin with and would have been told you had a HCP, by dispatch. This also tells him if you have any sort of warrants or anything particularly bad. He had NO right to disarm you.

Your HCP is connected to your driver's license, not your car tags.

Running the tags won't tell you who's driving, or whether or not they have a permit. Only their driver's license will give that information... and then only if the state computers aren't down for maintenance.

J.

Posted
Personally, I think this falls under an "abuse of power charge." You wouldn't give your firearm up to any other stranger, would you? You did it because he was a cop andyou were afraid what might happen if you didn't.

He violated your right to carry the firearm, plain and simple!!

,,,,

You keep forgetting TN law specifically states that he is allowed to do it.

You may not like it, but it's perfectly legal in this state.

- OS

Guest Engloid
Posted
You keep forgetting TN law specifically states that he is allowed to do it.

You may not like it, but it's perfectly legal in this state.

- OS

Can you tell me where I can find that in Tennessee Code Annotated?

Posted
Can you tell me where I can find that in Tennessee Code Annotated?

Page 7 of THIS thread.

*TCA 39-17-1351(t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual or individuals provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder

Guest Jamie
Posted (edited)
Can you tell me where I can find that in Tennessee Code Annotated?

Right here, 39-17-1351. Handgun carry permits. It's down toward the bottom of the page, at Legal Resources :

(t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual or individuals provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder.

J.

Edit: Gah! Mike beat me to it whilst I was typing and checking links.

Edited by Jamie
Guest Engloid
Posted
Page 7 of THIS thread.

*TCA 39-17-1351(t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual or individuals provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder

Thanks. I had read bits and pieces of the thread and missed that.

It appears though, that this is an easy way for cops to get their hands on your guns... so what will happen if some sort of martial law situation arises? This is the entry to getting your gun...and then not giving it back.

I think if I get pulled over, I'll just tell them I'm not carrying a weapon at the time, and avoid the mess that way.

  • Moderators
Posted

And when the officer notices the weapon you just lied about having you get to eat some of the aforementioned gravel. Then find yourself in a position of having to defend yourself against charges that I am pretty sure could cost you your permit. That seems like a much bigger hassle to me, but what do I know, I just attempt to follow the law as it is clearly stated in the TCA.:grouchy:

Guest Jamie
Posted

I think if I get pulled over, I'll just tell them I'm not carrying a weapon at the time, and avoid the mess that way.

And if you do that, and it's discovered that you've lied, you probably get to go to jail for giving false information to a police officer, and might very well lose your permit altogether.

It's a VERY bad plan.

J.

Guest Engloid
Posted
And when the officer notices the weapon you just lied about having you get to eat some of the aforementioned gravel.

Yeah, I typically leave it on the dashboard so it stays nice and warm in the sun. It even absorbs moon rays and it helps keep the batteries charged. :grouchy:

Sometimes I think half the guys on here are more paranoid than the ones that are scared of guns and think they should all be banned.

I'm sure none of you ever told a cop you didn't know you were speeding too, right?

Guest Jamie
Posted
Yeah, I typically leave it on the dashboard so it stays nice and warm in the sun. It even absorbs moon rays and it helps keep the batteries charged. :grouchy:

Sometimes I think half the guys on here are more paranoid than the ones that are scared of guns and think they should all be banned.

I'm sure none of you ever told a cop you didn't know you were speeding too, right?

You do realize that any cop that stops you will likely pull you out of the car and look you over if your behavior makes him/her the least little bit suspicious?

I know I have pulled more than one person out and to the rear of the vehicle, just because something didn't feel right, or something about them seemed odd or unusual. And more often than not there was something found that shouldn't have been there.

So unless you have a perfect "poker face", and are an extremely adept liar, you might want to re-think your decision on lying to the police. :D

J.

  • Moderators
Posted

If I am in a position with LEO where my choices are to tell the truth, lie or keep my trap shut and option 1 is disadvantageous to me guess which one I'm going to pick?

Lying to LEO is always a recipe for fail.

Posted
Sometimes I think half the guys on here are more paranoid than the ones that are scared of guns and think they should all be banned.

rollfloor.gif

You are calling someone paranoid and you posted this?

It appears though, that this is an easy way for cops to get their hands on your guns... so what will happen if some sort of martial law situation arises? This is the entry to getting your gun...and then not giving it back.

If Martial Law is invoked you and the Police will probably have bigger problems to deal with than cops taking your guns. :grouchy:

Guest Knightsr25
Posted

Remember the Katrina / new orleans gun confiscations ? Most people never got their guns backs , some that did just recieved rusty chunks of metal. Always carry at least two weapons , never allow yourself to be totally disarmed .

Posted
Thanks. I had read bits and pieces of the thread and missed that.

It appears though, that this is an easy way for cops to get their hands on your guns... so what will happen if some sort of martial law situation arises? This is the entry to getting your gun...and then not giving it back.

I think if I get pulled over, I'll just tell them I'm not carrying a weapon at the time, and avoid the mess that way.

Engloid,

It's a good idea to read this thread "cover to cover". There has been good discussion, and some very good points made.

Posted
An apple is not an orange, but they're both fruits. You want to argue that too? :wave:

In both situations in this topic, there is no reason to think a person has any intention of doing you harm.

I have read a lot of this thread, but not all of it...and throughout, I see the same trend in your posts... pot calling the kettle black.

What I mean by that is that you don't seem to understand logic, then tell others they're not being logical. I guess it makes sense though, that an illogical person such as you wouldn't recognize logic when he sees it. :D

This shows just how much you don't know. Go through police training and figure it out. It's not my job to educate the uneducated.

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