Pulled over in Memphis with ar 15 and glock?

[Guest JeremyD901]

I was pulled over last night in Memphis, I showed the officer my license along with my permit. My hands stayed on the wheel he said where is the gun I said my right side in the console. About that time my passenger door was about ripped off the hinges and Another officer rushed in to get it. Let me add this is a brand new truck like 2 weeks old. I was irritated needless to say. Well I informed him there is a unloaded ar15 in the back he was like get out the truck. While opening the back gate he had my mag And handgun in his hand.... Not the chambered round so I informed him there was a round in the chamber then he unchambered it. Then he went on to tell me I was breaking the law by transporting the ar. I was like no sir there is no ammo in the truck. Long story short they called the sgt and found its not illegal. Very rude over acted not educated on the law and plain ol'rude! Bad experience!

[Stegall Law Firm]

Hopefully that officer learned a thing or two. Actually you can go so far as to have a loaded long gun in the car w/ carry permit, just no round in the chamber unless you're about to defend yourself. Sounds like you handled it well.

[Caster]

If you don't live in the immediate area you could file a complaint. Your best bet is to let it go.

Cops are not attorneys. Few of them actually KNOW half the laws they are charged with defending.

Don't get mad, but I fault you a couple of things. First, why weren't your door locked? Second, it's none of their business that you had a rifle.

You also stated there was no ammo in the truck. That doesn't mean anything. As a carry permit holder you can have the magazine loaded also, you just can't have a round chambered.

Overall you did good. Don't get in a fussing match on the side of the road. Keep the door locked, have all your papers ready before they get to the door, keep you hands in plain sight and be courteous. I would not have told the officer about the rifle and as far as the pistol, they DO have the right to take you weapon until they determine the situation is safe. There was never an unsafe condition in the first place but that's a bunch of he said she said. When they back you against a wall, cooperate as best you can and demand for their supervisor.

The lack of knowledge is almost understandable, but the non professional conduct and being rude is NEVER acceptable.

Like I said, even though it boils you blood, it's best to let it go.

[JayC]

Even if the AR had been loaded but not one in the chamber, it would have still been legal.

I was pulled over last night in Memphis, I showed the officer my license along with my permit. My hands stayed on the wheel he said where is the gun I said my right side in the console. About that time my passenger door was about ripped off the hinges and Another officer rushed in to get it. Let me add this is a brand new truck like 2 weeks old. I was irritated needless to say. Well I informed him there is a unloaded ar15 in the back he was like get out the truck. While opening the back gate he had my mag And handgun in his hand.... Not the chambered round so I informed him there was a round in the chamber then he unchambered it. Then he went on to tell me I was breaking the law by transporting the ar. I was like no sir there is no ammo in the truck. Long story short they called the sgt and found its not illegal. Very rude over acted not educated on the law and plain ol'rude! Bad experience!

[hipower]

Ok, I'll admit to puzzlement and possibly ignorance here. You can't have a round chambered in your hand gun in the car if you have a carry permit? Does it matter if it's on your person or beside you? Or in the glove box? Seems contradictory?

Edited March 20, 2012 by hipower

[Garufa]

If you hold a TN HCP you may carry a rifle in your vehicle with a loaded magazine but without a round in the chamber. Of course you can carry a chambered handgun.

[Stegall Law Firm]

Ok, I'll admit to puzzlement and possibly ignorance here. You can't have a round chambered in your hand gun in the car if you have a carry permit? Does it matter if it's on your person or beside you? Or in the glove box? Seems contradictory?

No you can have a round in the chamber of your handgun in the car w/permit. You also can have a loaded long gun in the car w/permit, but you cannot have a round in the chamber of said long gun unless you are intending on using it in justifiable self defense.

[Guest JeremyD901]

The doors were unlocked once I put the truck in park it's automatic. I told the officer about the rifle because with the attitude I determined he had while dang near ripping my new door off I decided in that second it would just be best to tell him instead of him find it. I actually didn't know it was legal to carry a loaded unchambered rifle. Also to add the officer never cleared my handgun till I informed him it was chambered and he also never checked the ar.

[Stegall Law Firm]

The doors were unlocked once I put the truck in park it's automatic. I told the officer about the rifle because with the attitude I determined he had while dang near ripping my new door off I decided in that second it would just be best to tell him instead of him find it. I actually didn't know it was legal to carry a loaded unchambered rifle. Also to add the officer never cleared my handgun till I informed him it was chambered and he also never checked the ar.

Yeah that might be the most troubling part of this story, that the officer is standing there holding a gun that he thinks is unloaded.

[hipower]

No you can have a round in the chamber of your handgun in the car w/permit. You also can have a loaded long gun in the car w/permit, but you cannot have a round in the chamber of said long gun unless you are intending on using it in justifiable self defense.

Thanks, I guess I read that too fast and got confused. So rifles may have a loaded magazine inserted and no round chambered or mags kept seperately? Does the carry permit have any bearing on this?

BTW, thanks for your legal opininons here. I know I appreciate the clarifications you offer for us.

[Stegall Law Firm]

Thanks, I guess I read that too fast and got confused. So rifles may have a loaded magazine inserted and no round chambered or mags kept seperately? Does the carry permit have any bearing on this?

BTW, thanks for your legal opininons here. I know I appreciate the clarifications you offer for us.

That's right, and yes you need a carry permit to transport your rifle loaded (shotguns too). You can transport them without a permit the same way you can transport a handgun without a permit: unloaded, without any ammo in close proximity.

[Caster]

The doors were unlocked once I put the truck in park it's automatic. I told the officer about the rifle because with the attitude I determined he had while dang near ripping my new door off I decided in that second it would just be best to tell him instead of him find it. I actually didn't know it was legal to carry a loaded unchambered rifle. Also to add the officer never cleared my handgun till I informed him it was chambered and he also never checked the ar.

Wow, really? I hate your truck brother. No way would I want that! Pull into a parking lot, put it park and gather your things when all the sudden mutant zombie ghetto thug snatches open your door. What kind of truck is it?

...and yes, not clearing the weapon is scary. Can you imagine getting shot by your own weapon because some doofus who should know better...didn't? Yikes. Be careful out there!

Edited March 20, 2012 by Caster

[Guest JeremyD901]

Caster it's a Chevy 2500. I Got over it after it happened I just thought it was very unprofessional with the over reacting and attitude. Plus how do you not clear a weapon?? If they were to shoot me with my own gun I think my gun collection would of gotten a lot better.

[Makiaveli]

If they were to shoot me with my own gun I think my gun collection would of gotten a lot better.

I have to admit I snickered. You may want to see if Memphis PD has a anonymous complaint number to call. That way you could give a highly sanitized version of the story (ie just mention he didn't clear the weapon, was rude etc) and maybe get some one to get off their butt and say something during roll call etc. I know MNPD does roll call "training" all the time with brief mentions of things to do/not do etc etc.

[scoutfsu]

Well hopefully they learned a little bit from the encounter. For those in Memphis, you need to watch the interstate system. There is an increased presence due to some dick measuring by the higher ups. The officers are very unhappy with their assigned duty and don't know when the detail will end.

[scoutfsu]

This is also pursuant to your interests : Public Chapter 431 – Loaded Rifles and Shotguns in Vehicles – This act allows a person with a handgun carry permit to possess a loaded rifle or loaded shotgun in a privately owned vehicle. The act provides that the weapon cannot have ammunition in the chamber except in the case that an individual permit holder feels physically threatened.

[Guest 270win]

Memphis=Lack of Knowledge.

[Trekbike]

Wow, really? I hate your truck brother. No way would I want that! Pull into a parking lot, put it park and gather your things when all the sudden mutant zombie ghetto thug snatches open your door. What kind of truck is it?

Caster it's a Chevy 2500.

You can reprogram the truck not to automatically unlock if you wish, from what I understand.

[JayC]

Wow, really? I hate your truck brother. No way would I want that! Pull into a parking lot, put it park and gather your things when all the sudden mutant zombie ghetto thug snatches open your door. What kind of truck is it?

...and yes, not clearing the weapon is scary. Can you imagine getting shot by your own weapon because some doofus who should know better...didn't? Yikes. Be careful out there!

Can you imagine the trouble if doofus shot and killed himself with your handgun while you're standing on the side of the road? There is no reason for an officer to disarm a HCP permit holder unless they're being arrested... It's safer for everybody involved that officers not handle firearms they're not trained to handle. The sooner we can get rid of that silly disarm law the better.

[Links2k]

You can reprogram the truck not to automatically unlock if you wish, from what I understand.

You sure can. Read the manual. My wife would freak everytime that she would drive my sons suv and the doors unlocked when she put it in park.

[dats82]

Could this legally be construed as a violation of the 4th Amendment? I am in no a kwik trainee or anything, but this seems a little illegal for an officer to just jerk your door open and a seize your belongs when there is no threat or immediate danger. In reality, especially concerning this case, a dangerous situation was actually created by the officer by seizing your weapon.

I know what seems reasonable to me in regards to this situation, but I would be curious for a more qualitfied legal opinion.

[Stegall Law Firm]

Could this legally be construed as a violation of the 4th Amendment? I am in no a kwik trainee or anything, but this seems a little illegal for an officer to just jerk your door open and a seize your belongs when there is no threat or immediate danger. In reality, especially concerning this case, a dangerous situation was actually created by the officer by seizing your weapon.

I know what seems reasonable to me in regards to this situation, but I would be curious for a more qualitfied legal opinion.

Technically perhaps, but the remedy under the Fourth Amendment is suppression of evidence gained from an illegal search or seizure. Without an arrest, there's nothing to suppress, so there's really no Fourth Amendment claim. Now if there were drugs in the car that would be a different story.

[dats82]

Technically perhaps, but the remedy under the Fourth Amendment is suppression of evidence gained from an illegal search or seizure. Without an arrest, there's nothing to suppress, so there's really no Fourth Amendment claim. Now if there were drugs in the car that would be a different story.

I understand. Thank you, sir.

[eapking]

The doors were unlocked once I put the truck in park it's automatic.

Yikes, that's a nasty feature.

[JayC]

Technically perhaps, but the remedy under the Fourth Amendment is suppression of evidence gained from an illegal search or seizure. Without an arrest, there's nothing to suppress, so there's really no Fourth Amendment claim. Now if there were drugs in the car that would be a different story.

Is that the case? Or would the fact that firearm possession is just as illegal as drug possession and we only have defenses under the law make the search reasonable since they had probable cause to search? Seeing as the driver told them he had a firearm in the vehicle?

I'm not trying to be smart, I'm just curious on case law involving defenses to a law, compared to exceptions to a law?