HCP holder arrested for pulling weapon?

[Hitower]

Anybody heard about a lady in Knoxville getting arrested after pulling her weapon at the wal mart or Sam's club. Caught just a bit on the radio but can find any info. Guys at work said the story was she was leaving wal mart with her two kids and was parked a good way in the back. As she walked by a van two guys with bandannas over thier face jumped out and ran toward her so she drew on them and they ran off and called the cops. Cops came and arrested her for drawing in a non life threatening situation. Must be more to this story.

[Jonnin]

I would fully expect to be arrested if I pulled my gun on people in public. Depending on what else was going on, I would also expect to be released pretty quickly once the cops sorted it all out. Guns always make the news, should have details soon.

[daddyo]

Didn't hear about it, but she should have immediately called the police when she was able to. Hopefully it will be sorted out if she felt threatened and was defending herself.

[Hitower]

Sorry left out that her HCP was pulled as well, ofcourse this is all second hand story so theres no telling what really happened.

Edited February 7, 2012 by HitowerInc

[Fallguy]

Sorry left out that her HCP was pulled as well, ofcourse this is all second hand story so theres no telling what really happened.

I'm not even sure how that could be done...it requires a decision/ruling for the Dept of Safety first. There is also an AG ruling that says LEOs can only take a HCP from someone if they have been ordered to by the DOS.

[Lumber_Jack]

if there is validity to any of the story, we'll see a news report on it sooner or later.

[Guest Spurhunter]

I am really interested in what comes of this.

[Just2Honor]

Reinforces the point that has been made here numerous times: In TN it is against the law to be armed. Having a HCP is a defense against the crime of going armed.

Maybe the police decided to act according to their interpretation of what they were told happened. They don't decide the outcome, the DA and possibly a judge/jury will do that. As for taking her HCP, they may be holding it along with her DL, etc, pending a decision by the DA on the case. Holding was used by the press, not confiscated even though it appears only the DOS can do either. Shows you that the police don't always know all the finer points of the law, but I will be at their mercy if I pull my weapon.

[Guest A10thunderbolt]

Guilty until proven inoccent.

[Lumber_Jack]

I wouldn't lose any sleep over this until we verify its contents

[Fallguy]

Reinforces the point that has been made here numerous times: In TN it is against the law to be armed. Having a HCP is a defense against the crime of going armed.

Maybe the police decided to act according to their interpretation of what they were told happened. They don't decide the outcome, the DA and possibly a judge/jury will do that. As for taking her HCP, they may be holding it along with her DL, etc, pending a decision by the DA on the case. Holding was used by the press, not confiscated even though it appears only the DOS can do either. Shows you that the police don't always know all the finer points of the law, but I will be at their mercy if I pull my weapon.

Is there a link to the story somewhere?

[Garufa]

Let's see an article.

[Guest bkelm18]

Yep, not gonna classify this as anything more than hearsay unless I see a news article or something. I'd imagine this would be all over KnoxNews if it actually happened as told.

Edited February 7, 2012 by bkelm18

[JayC]

Reinforces the point that has been made here numerous times: In TN it is against the law to be armed. Having a HCP is a defense against the crime of going armed.

Maybe the police decided to act according to their interpretation of what they were told happened. They don't decide the outcome, the DA and possibly a judge/jury will do that. As for taking her HCP, they may be holding it along with her DL, etc, pending a decision by the DA on the case. Holding was used by the press, not confiscated even though it appears only the DOS can do either. Shows you that the police don't always know all the finer points of the law, but I will be at their mercy if I pull my weapon.

Uhh, I don't think that logic works... police officers can't take your DL and keep it anymore than they can take your HCP and keep it. My understanding of state law, unless there is a written order from the state or a judge, only THP can seize your drivers license... and state law prohibits all government officials from seizing your HCP unless given a written directive by TDOS or a judge.

[Just2Honor]

My mistake. No article just comments by OP. All are correct--we need the newsstory and facts.

[Hitower]

I've been searching for a news story all morning and found nothing on it. Like I said I just got the end of it when i got to work on 102.1 and the guys were telling me the story.

[BigK]

I wanna see where this goes...

[Pain103]

Uhh, I don't think that logic works... police officers can't take your DL and keep it anymore than they can take your HCP and keep it. My understanding of state law, unless there is a written order from the state or a judge, only THP can seize your drivers license... and state law prohibits all government officials from seizing your HCP unless given a written directive by TDOS or a judge.

That is incorrect. If a driver's license is cancelled, suspended, or revoked it can be seized by any officer and must be sent back to the state. You should get a license receipt upon it being taken.

[bigwakes]

Top story on google is of course..........this thread!

[Erik88]

If this is true the gun hating staff at Knox news would have printed it right away. I don't see anything.