Guy stopped by cops while OC'ing - pretty interesting

[daddyo]

I don't believe this is correct. TN is a "must inform" state, meaning if you are stopped for a traffic stop, or walking down the street by law enforcement by actually doing something else wrong (jay walking, speeding, whatever), you are required to inform them you are carrying. Due to it being a stop in which you did something wrong, yes you are required to provide ID as well. Just walking down the street with a gun on his hip in a holster? No grounds to demand ID.

My understanding was that permit holders had no duty to inform in TN, but that it was always a "good idea" to do so.

But I agree that the guy in this video had every right to refuse to show ID.

[TMF]

I probably would have handled this differently by cooperating with the officers, but I'm not going to say he's wrong for not wanting to. It's clear that the initiating officer had a problem with him carrying a pistol, which it's not his place to have a problem with that. He is a police officer and his duty is to enforce the law, not interject his personal opinions of the law on citizens.

It seemed to me that the police officer was intent on harrassing him for no other reason than someone reporting someone carrying a holstered weapon, which is legal. I think the police officer would have given him a hard time even if the citizen had produced identification based on the officer's question of "why do you think you need to carry a weapon?" That is out of line and akin to a police officer questioning "why do you have a bumper sticker that supports Obama?" Like I said, I would have cooperated just because it's easier for me to do so, but that's my preference. I don't think the citizen was being disrespectful or argumentative, and if he doesn't want to be bothered by law enforcement when he's not doing anything wrong, well, that's his right.

[Seaslug]

I don't believe this is correct. TN is a "must inform" state, meaning if you are stopped for a traffic stop, or walking down the street by law enforcement by actually doing something else wrong (jay walking, speeding, whatever), you are required to inform them you are carrying. Due to it being a stop in which you did something wrong, yes you are required to provide ID as well. Just walking down the street with a gun on his hip in a holster? No grounds to demand ID.

Sorry, but you've been misinformed. You are not required to inform an officer that you are carrying a firearm if stopped, but most consider it good form to do so. If you are stopped BECAUSE you are carrying a firearm, however, you must produce a valid HCP on demand. Unlike Oregon, it is illegal for ANYONE to carry a firearm in public in TN, and the HCP is simply a defense to the law.

My understanding was that permit holders had no duty to inform in TN, but that it was always a "good idea" to do so.

But I agree that the guy in this video had every right to refuse to show ID.

Bingo. It is not illegal to carry a firearm openly in Oregon, so the officers had no probable cause to believe that the man was committing any sort of crime.

[Guest nysos]

You all are correct, I don't know why I was thinking tn was must inform - it was before my first cup of coffee of the morning.

[TLRMADE]

So could somebody just answer these questions in one post?

-Do you have to present ID if you are not doing anything wrong?

-Do you have to present HCP?

-Seaslug....you make it sound like open carry is illegal in TN?

[wcsc12]

So could somebody just answer these questions in one post?

-Do you have to present ID if you are not doing anything wrong?

-Do you have to present HCP?

-Seaslug....you make it sound like open carry is illegal in TN?

1. No. The gist seems to be that unless you're being detained, you do not have to produce I.D.

2. That's the really iffy one. If you're carrying your weapon and the police officer sees it and asks to see your HCP, then you must produce it or at least that's the gist of what I gathered from this thread.

3. All forms of carrying a pistol in TN is illegal without a HCP.

[Seaslug]

1. No. The gist seems to be that unless you're being detained, you do not have to produce I.D.

2. That's the really iffy one. If you're carrying your weapon and the police officer sees it and asks to see your HCP, then you must produce it or at least that's the gist of what I gathered from this thread.

3. All forms of carrying a pistol in TN is illegal without a HCP.

You've got it. In TN, if you are carrying a firearm in public, it is presumed that you are committing a crime, unless and until you can prove otherwise by presenting a valid HCP. This is not the case in many other states.

[TLRMADE]

You've got it. In TN, if you are carrying a firearm in public, it is presumed that you are committing a crime, unless and until you can prove otherwise by presenting a valid HCP. This is not the case in many other states.

So if you open carry then you are required to show HCP..... I think i understand now!

[Pain103]

So could somebody just answer these questions in one post?

-Do you have to present ID if you are not doing anything wrong?

-Do you have to present HCP?

-Seaslug....you make it sound like open carry is illegal in TN?

No you have no duty produce ID for a LEO if there is no reasonable suspicion. You are not even required to keep ID on your person except for a Driver's License in possession while operating a motor vehicle and a HCP in possession while carrying a firearm.

Yes you must present a HCP to any LEO who asks for it if you are carrying a firearm. Concealed or Open doesn't matter. Refusing to do so can result in loss of HCP. You have no duty or legal obligation to inform about carrying a weapon but as many others said it isn't a bad idea. I personally prefer someone I stop to tell me, but if they don't I don't get bent out of shape.

Edited October 5, 2011 by Pain103

[Tenifer17]

I know that TWRA can walk right up to you and demand to see your hunting license when you are out hunting or fishing .