Open Carry in TN and laws about showing ID

[sschrick]

So just saw this YouTube video on XDTalk about a guy open-carry in Eugene, OR and was detained by the police.

Give it a watch and then answer as the laws apply in TN.

He states that in OR he is not required to show any type of ID to the police and he didn't.

In TN, if we open carry, are we required to show ID to police if they stop us and ask for it.

Just curious.

PS. Hope the link works, it is my first time trying to post it.

[TLRMADE]

There's a few threads about this I'm pretty sure

[daddyo]

I would say that, yes, if you are stopped by LEO for carrying a weapon, then under TN law you are required to produce your HCP as it is necessary to either OC or CC.

[Oh Shoot]

....In TN, if we open carry, are we required to show ID to police if they stop us and ask for it....

Handgun Carry Permit, yes. From 39-17-1351:

"The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer."

The LEA may also temporarily disarm a permit holder "when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals."

- OS

[Guest ArmaDeFuego]

Yes you have to show it if requested.

Apparently this applies anywhere also. So if you were carrying on your own land & a cop happened to stroll by & asked to see your HCP you would legally have to do so. Not saying that thats likely to happen tho.....

[Fallguy]

TN does not have a "stop and identify" law. So "in general" if you are just walking down the street and not suspected of anything, you don't have to show ID.

But also, in TN carrying a weapon is a crime. If you are OCing it is obivious to the officer....so as far as he know you are breaking the law until he detains you and verifies you have a valid permit. So when he ask you for your permit, Yes, you must hand it over.

[Caster]

You could always get one of these

:hiding:

[netmindr]

Why would you not show him regardless of the law?

[cgun86]

I've wrestled with the idea of open carry off and on since i received my permit. I just always come back to the fact that i don't want to draw attention to myself any more than necessary. Although, I suppose it would justify some new holster purchases.

[Fallguy]

Why would you not show him regardless of the law?

You HCP while carrying or ID for no apparent reason?

[NRA]

I've wrestled with the idea of open carry off and on since i received my permit. I just always come back to the fact that i don't want to draw attention to myself any more than necessary. Although, I suppose it would justify some new holster purchases.

at last a voice of reason

[LDRider]

Also, the difference between TN & OR OC is that OC is legal in OR w/o HCP.

Local authorities can make OC in OR illegal ie; Portland.

Jeff

[Timestepper]

Why would you not show him regardless of the law?

Been wondering about that myself.

[OngoingFreedom]

Last month I was hiking in Burgess Falls State Park with my family. I was openly carrying.

I was challenged by a park ranger to produce ID and a permit, which I willingly submitted for examination. The DL and permit were summarily examined and returned. I was detained for barely a minute.

I submitted because it is illegal to carry a firearm (or fahr-arm) in TN but the HCP was a defense.

[BigK]

I don't see what anyone would gain in antagonizing an LEO over something as simple as a request for ID. If you aren't doing anything wrong, what's lost besides a few minutes of your time? You may wind up having a pleasant conversation and making a friend. If you're a jackass and put up a fight over showing some ID, what is there to possibly gain?

[jtmaze]

I agree. Why wouldn't you just show the officer your permit with respect and go on. I live in very small town and recently had several new police officers in town and I know one was really shocked when he pulled over me and several of my friends all HCP holder over on separate occasions all in his 1st week. Most of us he didn't even ticket.

Sent from my iPhone using Tapatalk

[Guest ArmaDeFuego]

I agree. I would voluntarily submit my HCP any time I have interaction with law enforcement, especially if I was carrying. Thats just my personal opinion. I've always liked LEOs & like interacting with them.

If someone doesnt want to be as forthcoming, thats certainly their right & I support that also. (I mean if they dont voluntarily show their HCP, not if they are asked for it & refuse, which would be breaking the law....)

[Pain103]

You must present a HCP permit if you are asked for it while carrying a firearm in Tennessee. So if you are just walking down the sidewalk OC and a LEO requests to see your HCP you must supply it. The few people I have actually seen walking around OC in general I didn't even look twice about them. Actually most permit holders produce it during a traffic stop voluntarily when I ask for their driver's license even though they do not have to. Don't worry even I have to show my creds/ID if some officer actually sees my firearm printing from my shirt. It happens it's quick and painless.

[Oh Shoot]

... So if you are just walking down the sidewalk OC and a LEO requests to see your HCP you must supply it. ...

Although there is no specific penalty stipulated for NOT doing it.

Failure to obey a lawful order? (do we actually have that in TCA?)

Interfering with a police investigation?

- OS

[Guest luvmyguns]

If a LEO asks for your HCP just give it to them and be done with it. Why would you want to prove a point over something like that? They are doing it for everyone’s safety. I personally think concealing your firearm in public is the best way to carry. You don’t draw attention to yourself and you have the element of surprise on your side if you have to use it.

[Pain103]

Although there is no specific penalty stipulated for NOT doing it.

Failure to obey a lawful order? (do we actually have that in TCA?)

Interfering with a police investigation?

- OS

More than likely if you were asked to produce a HCP and you were open carrying and you refuse to produce the HCP you would be detained for unlawful possession of a weapon. If during the investigation they determined your HCP was valid and decided not to proceed with a charge then they will contact TDOS and have your HCP suspended. This is just a possibility not a set standard or a recommended way to handle it.

[Oh Shoot]

More than likely if you were asked to produce a HCP and you were open carrying and you refuse to produce the HCP you would be ...

I'm just always curious regarding prescriptions or proscriptions in the law that have no penalty stipulated for violation.

- OS

[Pain103]

Yea, I will have to find it or maybe it changed but I seem to remember if a HCP holder refused to show their HCP they were to be suspended for a certain period of time from the TDOS. I haven't looked at it in awhile since I really don't have or had any problems with permit holders and don't expect to.

[daddyo]

If the law did not require me to produce ID for an LEO without probable cause, then I'm not sure I would if he/she asked. If there's no foundation in the law, and I haven't committed any crime, then why are they asking me for ID?

[Timestepper]

If the law did not require me to produce ID for an LEO without probable cause, then I'm not sure I would if he/she asked. If there's no foundation in the law, and I haven't committed any crime, then why are they asking me for ID?

So when an LEO asks if you have any ID, just look 'em in the eye and say, "'Bout what?" (Hey, it works in Arkansas and Alabama...)