TH HCP Badge

[GLOCKMEISTER]

Heres some info I found on the subject:

Under Tennessee law, a person commits criminal impersonation who, with intent to injure or defraud another person:

• Assumes a false identity;

• Pretends to be a representative of some person or organization;

• Pretends to be an officer or employee of the government; or

• Pretends to have a handicap or disability.

The important words in the criminal impersonation statute are injure and defraud. If you dress like a police officer in the spirit of Halloween, the behavior does not constitute criminal impersonation. If you dress up like a police officer in order to injure or defraud another, the behavior does constitute criminal impersonation.

Criminal impersonation under the above is a Class B misdemeanor. A Class B misdemeanor in Tennessee carries a maximum of six months imprisonment, or a maximum fine of five hundred dollars, or both. If the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars must be imposed by the court. Tenn. Code Ann. § 40-35-111.

*******HERES THE PART IN QUESTION*******

The state may prosecute for this offense via a second definition under the criminal impersonation statute. A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:

• Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and

• Causing another to believe that the person is a law enforcement officer. Tenn. Code Ann. § 40-35-111.

This form of criminal impersonation is more serious in terms of criminal culpability. Criminal impersonation here is a Class A misdemeanor. A Class A misdemeanor is punishable by a maximum of eleven months, twenty-nine days imprisonment or a fine not to exceed two thousand five hundred dollars, or both.

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You dont have to be in the commission of an attempted injury or defrauding of a tangible or monetary value to be prosecuted under the 2nd definition. Simply wearing a badge and a firearm would give a reasonable person the belief your a police officer, thus this may be con-screwed as a defraud in itself.

Also keep in mind.. Security guards, EMT's, Fireman, PI's and Police/Sheriff/Constable/Trooper all wear badges. But they have specifics of what their badge can say, per the law. They are all licensed, certified, or commissioned thru the State Of Tennessee. Thus they are legal to wear the badge. There is no legal means written in the law for a civilian thats not affiliated with one of the above legal means to be able to wear a badge.... this includes HCP holders. The only exception that I know of thats been tested in court is the Halloween exception.

Just my opinion...

[Mike.357]

so from what I read I can wear my badge over my heart and be good to go.

[Guest TNDixieGirl]

Simply wearing a firearm, open-carry, would lead some to believe you're an officer whether you have a badge of any kind showing or not. Wear open-carry and go into a donut shop and you've definitely impersonated an LEO.

[GLOCKMEISTER]

RIGHT YOU ARE...

You know what really started all the donut/cop stuff? If they show up in uniform the donuts are free... really, no joke!

[Guest TNDixieGirl]

I have no problems with LEO and their free donuts/food. I used to work at a Pizza Hut in my youth and if any LEO came in on my shift, their meal was on the house. Firemen too.

They do a job most of us don't have the guts or the drive to do, plus they would come and escort me (or any closing mgr) to the bank to make the nightly deposit. And alot of times they weren't even able to finish a meal due to a call coming in. That deserves more than a free pizza and soda in my book, but that's the best I could do at the time.

[Fallguy]

Lord have mercy......I think those of you that want someone arrested for simply wearing a HCP badge are taking it a bit too far.

As a HCP holder I have also been licensed through the state and the badges I've seen make no mention of any law enforcement agency or occupation. Does the law about impersonation, the other professions you mentioned or anywhere else specifically mention the wearing of badge?

These badges aren't new....they have been out since the HCP program started in TN. I think if someone was going to be arrested for wearing one it would have happened by now. Also I think these business that sell them to HCP Safety Class students would be taking a huge risk if the badge was illegal. I know of at least one school that sells them and tell the students to wear them.

So why most agree they are a bad idea.....to try and stretch it to the point of making it illegal is just going a bit too far.... IMO

Also I bet the Halloween guy had a whole LEO uniform, not just a badge.

Edited April 10, 2008 by Fallguy

[Guest db99wj]

Hats with FBI, shirts with NYPD (alot of those after 911), could be construed as impersonation. Give yourself a high and tight, wear all the tacticool, mall ninja stuff, and badges you can afford to buy and you are ok. IMO you would have to perform some type of "act" in order for impersonation charges to be made. I could be wrong, but that is what I think.

[GLOCKMEISTER]

Hey to each his own... thing is you almost never see an off duty or plain clothed cop carrying in the open or see a badge, the reason is with all the new gang affiliations wearing a badge is like wearing a target... it will get you killed if your not careful.

If these guys want to carry a badge and gun so bad, let them go down and make application at the local Sheriff's office so they can see what its really like first hand.

Btw, and Im looking for info on it... but there have been arrests. TBI arrested a guy for selling "Tennessee Permit Badges" out at the gun show... but he was telling people he had an affiliation with the State and they were approved thru Safety. I asked a Metro Sgt. today and he informed me they had made arrest for impersonation as well. Im trying to find info on it as I type... Im wondering if that person took any other action besides just wearing it with a gun...will pass it on when I find it. :-)

[Guest TNDixieGirl]

"but he was telling people he had an affiliation with the State"

And that is impersonation whether he was wearing a badge or not.

<TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD>39-16-301. Criminal impersonation. —

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=12></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD><!-- Text -->

</TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD>(a) A person commits criminal impersonation who, with intent to injure or defraud another person:

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=1></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD> (1) Assumes a false identity;

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=1></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD> (2) Pretends to be a representative of some person or organization;

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=1></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD> (3) Pretends to be an officer or employee of the government; or

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=1></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD> (4) Pretends to have a handicap or disability.

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=1></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD>( A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=1></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD> (1) Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=1></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD> (2) Causing another to believe that the person is a law enforcement officer.

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=1></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD>© (1) Criminal impersonation under subsection (a) is a Class B misdemeanor. However, if the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars ($500) shall be imposed.

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=1></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR><TD rowSpan=5></TD><TD colSpan=3 height=12></TD><TD rowSpan=5></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD></TD><TD> (2) Criminal impersonation under subsection ( is a Class A misdemeanor.

</TD><TD></TD></TR><TR><TD colSpan=3></TD></TR><TR><TD colSpan=3 height=1></TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD><!-- History -->

</TD></TR></TBODY></TABLE><TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR><TD>[Acts 1989, ch. 591, § 1; 1990, ch. 983, § 1; 1999, ch. 374, § 2; 2007, ch. 355, § 1.]

</TD></TR></TBODY></TABLE>

Edited April 10, 2008 by TNDixieGirl

[Guest db99wj]

Dixie, exactly what I was stating, great post. All those have some type of "action" verb, (pretend, with intent to injure or defraud, assumes, engaging, causing etc)

Glockmeister, this was the intent of my post, just because you have and wear a HCP badge, you are not impersonating, you have to act.

For the record, they are stupid.

[Guest nraforlife]

Bad Guy rule number one - shoot anyone wearing a badge

Bad Guy rule number two - shoot anyone that has a gun

[Guest TNDixieGirl]

Huh????

[Mike.357]

TBI arrested a guy for selling "Tennessee Permit Badges" out at the gun show... but he was telling people he had an affiliation with the State and they were approved thru Safety.

so if I understand this right the guy selling badges was also portraying the badges as a valid handgun carry permit? kind of like, buy my badge, skip the class, range and application process?

[Fallguy]

Bad Guy rule number one - shoot anyone wearing a badge

Bad Guy rule number two - shoot anyone that has a gun

That's why the bad guys go to all the places where the cops hang out...so they can shoot them first and then rob the place.

.....or do I have it wrong and they tend to avoid places with people that are armed?

[GLOCKMEISTER]

Dixie, exactly what I was stating, great post. All those have some type of "action" verb, (pretend, with intent to injure or defraud, assumes, engaging, causing etc)

Glockmeister, this was the intent of my post, just because you have and wear a HCP badge, you are not impersonating, you have to act.

For the record, they are stupid.

I completely agree... but thats the gray area and the reason more persons havent already been arrested. Btw, some have. But you have to think of it like this, someone stupid enough to wear the badge is probably going to do something "action" wise to get themselves into trouble.

[GLOCKMEISTER]

so if I understand this right the guy selling badges was also portraying the badges as a valid handgun carry permit? kind of like, buy my badge, skip the class, range and application process?

no actually that cat was selling to everyone. The badges had a little number on the back and he was telling people he was sending those numbers into the State so they would corespond that number to the HCP number to "register" the particular badge to that person. Weather you had a HCP of not he was telling that to everyone.

The guy was a real idiot.

[Mike.357]

were people lining up and buying them?

[Guest kwikrnu]

I dont think merely wearing a shiny badge equates with engaging in activities that police officers do. If someone flashed it and then proceeded to hold someone else at gun point that might do it.

Wouldn't they have to flash it and say they were the police? I am pretty sure a regular citizen can hold someone. They better be sure about the reason they are holding them because regular citizens don't have the same immunity that cops do.

[Mike.357]

Citizens arrest!

[ame]http://youtube.com/watch?v=wECusN2BUqI[/ame]

[Guest jackdog]

If your stupid enough to get and carry A HCP badge you really should not be armed, because you are F%$^kin idiot.

[Fallguy]

If your stupid enough to get and carry A HCP badge you really should not be armed, because you are F%$^kin idiot.

I think that is a tad harsh.

The general, although not 100%, consensus is that is legal, whether it is advisable or not. I have tried not to judge others based on what I would or wouldn't do or whether I like it or not.

How many judge us for going armed in public and think it is crazy? Since it is a legal activity I feel that is my decision to make, just as if someone wants to wear a HCP badge...more power to them.

[Marswolf]

I think I'll bookmark the citizen's arrest clip (or is it a magazine? ) for the next time we debate cops speeding to the doughnut shop.

But I think I'll side with jackdog on the badge thing.

[Guest TNDixieGirl]

I think everyone is already in agreement that they're a stupid idea.

[The Rabbi]

I think everyone is already in agreement that they're a stupid idea.

Probably.

I have a customer who is a 50-60 year old Black guy. He's about 6' 4" and weighs like 280 and carries probably 2-3 guns on him. He lives in North Nashville I think. He carries one under the theory that cops will be less likely to harass him if he has it. I dont know whether that's true or not. It's a very different perspective from that side of town.

[strickj]

Gomer's a boob