Can you get in trouble if you forget your HCP at home?

[Guest (BH)]

Today I managed to leave my wallet at home while attempting to run some errands. This got me to thinking, what happens if you get pulled over while carrying and you don't have your HCP on you?

I assume it's not a big deal unless you get an officer who's anti-gun or having a crap day.

[Guest jackdm3]

Bad ju-ju.

[Oh Shoot]

TCA says you must have permit on you when carrying.

However, there is no penalty specified for NOT having it on you.

It's pretty far fetched to think that a cop having a bad day would charge you for illegal possession, since can be checked via radio.

Even if he was so wigged out as to do it, can't imagine it sticking.

- OS

[Guest jackdm3]

I was gonna say all that, but then if a LEO sees that you have no ID whatsoever, how's he going to believe you are who you say you are when calls it in. A SSN could be memorized by the nefarious.

Have those fingerprint scanners made it down south yet? That would help a great deal.

[Oh Shoot]

I was gonna say all that, but then if a LEO sees that you have no ID whatsoever, how's he going to believe you are who you say you are when calls it in. A SSN could be memorized by the nefarious.

Have those fingerprint scanners made it down south yet? That would help a great deal.

Well, I guess it could be a sticky wicket for a little while at worst, but unless they charge you under the Patriot Act and stick your incognito ass in Gitmo, I imagine it would all work out some way or t'other.

- OS

[Fallguy]

Not to say they would....but since the laws does require you to have your HCP in your possesion while carrying, you could be charged with Illegal possesion of a weapon (39-17-1307) if you don't have it.

Now the LEO can take your Name and DOB and run that to see you have been issed a HCP and/or DL but the law still requires it to be in your posession.

I've heard it go both ways on someone not having a DL....so figure it could on not having your HCP.

[E4 No More]

Back in the day I usually didn't charge someone for simply forgetting their wallet, (heck, I've done the same thing as the OP), but my BS detector was on high when talking to the individual. You can sense by their reaction if they really forgot their wallet or if they were trying to hide something. I'd get full name, (with spelling), date of birth, SSN, and address, and then run them for a match on a DL. If they checked out I would warn them. But I would be fully within the law to write them too. It depends on the LEO.

[JayC]

TCA says you must have permit on you when carrying.

However, there is no penalty specified for NOT having it on you.

It's pretty far fetched to think that a cop having a bad day would charge you for illegal possession, since can be checked via radio.

Even if he was so wigged out as to do it, can't imagine it sticking.

- OS

That is not correct, 39-17-1352, your permit shall be revoked or suspended for any violation listed. Not having your permit with you while carrying a loaded firearm would be one of those violations.

So you could be charged with carrying of the firearm (doubtful but COULD happen), if TDOS learns that you were stopped without your permit, they are REQUIRED to revoke or suspend your permit (whether you were charged with a crime or not). And it appears that suspension can be for as long as they want.

[G27]

I paid for an extra copy of my THCP and keep it tucked away in my truck. If I ever lose my wallet I have a back up with me and if I forget my wallet I have it there in my truck. Was a good use of the $17.50 ($12.50 for another copy of birth certificate and $5 for the second permit, iirc).

[-Bristol-]

Now that's what I've thought about, extra copies of all my documentation. I know an extra DL copy is $10 but haven't check into an extra copy of my HCP.

Those in the country illegally have the ACLU in their corner to defend them, better not ask them for any documention.

[Steelharp]

Considering I've personally been held against the side of my car with an LEO hand in my chest with my guns thrown on the roof of my car WITH my permit... I would say the individuals disposition has a lot to do with it.

[oldogy]

Depending on the where and why of the need to produce the HCP I would think it could get unpleasant. If I were out and about and realized I did not have my HCP I would separate the firearm and ammo and place each in a separate area of the vehicle. But that is me.

oldogy

[Fallguy]

Now that's what I've thought about, extra copies of all my documentation. I know an extra DL copy is $10 but haven't check into an extra copy of my HCP.

Those in the country illegally have the ACLU in their corner to defend them, better not ask them for any documention.

Actually it's illegal to have more than one DL at a time. - 55-50-301(a)(3)

[Guest jackdm3]

2 from the same state, or one from TN and one from another state?

[Fallguy]

2 from the same state, or one from TN and one from another state?

It says if you get a TN one you are supposed to give up any you have from another state.

No person shall receive a driver license unless and until the person surrenders to the department all valid licenses in the person's possession, issued to that person by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be returned, together with information that the person is licensed in this state. No person shall be permitted to have more than one (1) valid driver license at any time;

[mikegideon]

Considering I've personally been held against the side of my car with an LEO hand in my chest with my guns thrown on the roof of my car WITH my permit... I would say the individuals disposition has a lot to do with it.

Just curious... did you hand the LEO your permit with your drivers license, or did he discover the guns some other way?

[Steelharp]

He got the permit and license at the same time.

[mikegideon]

He got the permit and license at the same time.

Thats' depressing. Hendersonville or Nashville?

[Oh Shoot]

...

So you could be charged with carrying of the firearm (doubtful but COULD happen), if TDOS learns that you were stopped without your permit, they are REQUIRED to revoke or suspend your permit (whether you were charged with a crime or not). And it appears that suspension can be for as long as they want.

Well, anything's possible, I'll admit.

The only real statute you could actually be criminally charged/convicted, though, would be illegal possession of a weapon, and I'd say since we've NEVER heard of a case, it's likely never happened.

And I seriously doubt any PD would notify TNDOS regarding your forgetting your wallet, unless you had a history like Kwik or something.

Always best to be legit in all things, of course, and sure, if I noticed I forgot my wallet, I'd likely disarm.

- OS

[Steelharp]

Thats' depressing. Hendersonville or Nashville?

Gallatin. His buddy that came later made him settle down and back off.

[Guest 270win]

Sadly, this is another reason to conceal a handgun in this state. If for some reason you forget your billfold and your gun is concealed in the car...and you are stopped for a traffic violation...all the better in my book. You are not required in TN to inform the police that you have a gun on you or in your car (i don't if it's say in my glovebox/console) and if I forgot my billfold...well hey I've got my registration and insurance on the visor.

A permit/license in TN is a defense to prosecution to 'intent to go armed'. Technically you could be charged for intent to go armed for not having your permit...this is why i'd sure have the thing concealed and keep my mouth shut....nothing against LEO's out there...but why admit to a crime? Not having a driver license is enough but add on intent to go armed is another hassle....conceal that gun and that goes a long ways.

[JayC]

Well, anything's possible, I'll admit.

The only real statute you could actually be criminally charged/convicted, though, would be illegal possession of a weapon, and I'd say since we've NEVER heard of a case, it's likely never happened.

And I seriously doubt any PD would notify TNDOS regarding your forgetting your wallet, unless you had a history like Kwik or something.

Always best to be legit in all things, of course, and sure, if I noticed I forgot my wallet, I'd likely disarm.

- OS

I agree it's unlikely that you have either of those 2 things happen... but that is pretty much the worse case... My guess is the officer who charges you for possession in the case of a forgotten HCP is likely going to make sure TDOS finds out

[bubbiesdad]

Back in the day I usually didn't charge someone for simply forgetting their wallet, (heck, I've done the same thing as the OP), but my BS detector was on high when talking to the individual. You can sense by their reaction if they really forgot their wallet or if they were trying to hide something. I'd get full name, (with spelling), date of birth, SSN, and address, and then run them for a match on a DL. If they checked out I would warn them. But I would be fully within the law to write them too. It depends on the LEO.

I also know my DL/HCP number.

[bubbiesdad]

Sadly, this is another reason to conceal a handgun in this state. If for some reason you forget your billfold and your gun is concealed in the car...and you are stopped for a traffic violation...all the better in my book. You are not required in TN to inform the police that you have a gun on you or in your car (i don't if it's say in my glovebox/console) and if I forgot my billfold...well hey I've got my registration and insurance on the visor.

A permit/license in TN is a defense to prosecution to 'intent to go armed'. Technically you could be charged for intent to go armed for not having your permit...this is why i'd sure have the thing concealed and keep my mouth shut....nothing against LEO's out there...but why admit to a crime? Not having a driver license is enough but add on intent to go armed is another hassle....conceal that gun and that goes a long ways.

Unless they ask if there are any weapons in the vehicle.

[Fallguy]

Unless they ask if there are any weapons in the vehicle.

Still not required to answer.....