Question

[Hoky_Tonk69]

Is seeing a holstered handgun grounds for a traffic stop?

As I was leaving the local steak n shake I opened my door and re holstered my glock 23. I then got into my truck and put my seatbelt on and pulled out pf the parking lot. After I got onto the highway no more than 1 minute after I pulled out pf the parking lot I see blue lights flashing behind me. I pull my vehicle over and grab my wallet beside me and prepare to show my carry permit and license. The officer stepped out with his weapon drawn and told me to get out with my hands on my head. I obliged.... he instructed me to slowly walk back towards his voice, I obliged once again. When I got to the back pf my truck the officer disarmed me, unloaded the gun and latest it on his hood. I asked why he pulled me over he said because he saw the gun at the restaurant. I then informed him that I had my carry permit and was not doing anything illegal. He asked why I was out so late with a gun on me. I replied, its really not any of your business but if you must know I just got off work and I carry my gun wherever legal. I then asked if seeing a HOLSTERED handgun was grounds for a stop. He then handed my unloaded weapon back and harshly said you need to get out of here before you piss me off. I asked for his name and told him I would be filing a complaint with his supervisor tomorrow and then I left.

Was I in the right here? Were my actions as they should have been?

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[k9wh91984]

That is ridiculous. Just another case of a cop power stopping and thinking HE is above the law. File the complaint!

[Pain103]

Yes seeing a person armed is enough to conduct a stop. Would be the same if you were seen open carrying and stopped by LE once it has been determined your HCP is valid and you are legally carrying the detention should be ended if there is no other reasonable suspicion or probable cause to extend it further.

He legally stopped you now maybe I wouldn't handled the stop his exact way but he did conduct a lawful stop.

[daddyo]

The way he handled it was way over the top. There is absolutely NO excuse for treating someone who has committed no crime this way.

I think you should file a complaint. It's just too bad that there's no video to prove what you're saying.

[DaveTN]

Who was the Officer and where did this happen?

[TGO David]

File the complaint.

[Steelharp]

Absolutely, file the complaint. Which Hendersonville officer was it? Did he give you his name?

(Personal experience.)

[TripleDigitRide]

I hope this didn't happen in Hendersonville. Myatt Drive?

Either way, file a complaint.

[Guest cardcutter]

File The Complaint. Even if it was a legal stop He should be made to see it was not a good reason to pull you over if there were no other actions to indicate something was wrong.

[wipfel]

location?

and definitely file the complaint. no reason not to be professional.

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[mk19]

File a complaint as many have suggensted before.

[LagerHead]

Carrying a gun is illegal in Tennessee unfortunately. However, once he realized you have a permit, which a defense, he should have explained his actions and sent you on your way, no harm done. Acting like an a-hole after he realized you have a permit was wrong. File the complaint.

[Guest 6.8 AR]

File it. You won't get anywhere if you don't. If he did it to you, he's doing it to others.

[Hoky_Tonk69]

Was the steak n shake on Myatt

One little detail I forgot to mention is that I was still wearing my work uniform with a shirt that says SECURITY on the back in large letters.

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Edited March 22, 2012 by Hoky_Tonk69

[gjohnsoniv]

Definitely file it. No reason to be treated like that.

[Guest 6.8 AR]

Yes seeing a person armed is enough to conduct a stop. Would be the same if you were seen open carrying and stopped by LE once it has been determined your HCP is valid and you are legally carrying the detention should be ended if there is no other reasonable suspicion or probable cause to extend it further.

He legally stopped you now maybe I wouldn't handled the stop his exact way but he did conduct a lawful stop.

Lawful and reasonable are two different things, though, aren't they? When he saw the gun, shouldn't

he have just asked, outside the building? Doing a stop after the fact is a bit much and puts the cop

at risk for nothing. It's quite another thing if he saw an unlawful activity. Where did common sense go?

"You do have a permit for that, don't you?" would have been enough.

[Dolomite`s Breezy]

Not sure on the legality or if he was justified in stopping you but he was being a jerk.. No need to be a donkey while you stop someone. Sometimes being courteous goes a long way.

Would you have reacted the same way towards him or said what you said to him if he was being more courteous to you?

If what he did to you was not within his duty.. then yes , file a complaint

.. but he can lay you out on the road if he feels nesesary to protect himself and others

[1gewehr]

WHAT he did was legal.

HOW he did it was stupid.

If he gets that excited at the sight of civilians with guns, he should avoid the Hermitage Golden Corral the 3rd tuesday each month. He'd have a heart attack with all the folks open-carrying during our TFA meeting!!!

[Mike.357]

Why were you reholstering?

Maybe he assumed you had been up to no good.

Agree that once it was established you had a permit he should of put on a happy face.

[Hoky_Tonk69]

I was reholstering because I took my weapon out of my holster becore I went inside.

[Steelharp]

I was reholstering because I took my weapon out of my holster becore I went inside.

But... he said he saw the gun at the restaurant... in your OP...?

[monkeylizard]

But... he said he saw the gun at the restaurant... in your OP...?

I took that to mean the officer saw the gun at the restaurant parking lot.

Edited March 22, 2012 by monkeylizard

[TMF]

Why were you reholstering?

Maybe he assumed you had been up to no good.

Agree that once it was established you had a permit he should of put on a happy face.

I do this too when driving to places with lots of traffic lights or congested areas with a lot of slow and go. Pistol is secured in holster between cushions and I holster it to my side when exiting. I can't access my CC holster sitting down and seat belted in.

In regards to this officer, I don't see how it is legal for him to pull his weapon. I understand that it's PC for a stop, but holding him at gun point?? I'd call 911 as soon as the officer let me go. The next call would be to the local news. This is why I will have my video phone running during ANY stop. Officers like this need to be rooted out and find another profession.

[DaveTN]

I do this too when driving to places with lots of traffic lights or congested areas with a lot of slow and go. Pistol is secured in holster between cushions and I holster it to my side when exiting. I can't access my CC holster sitting down and seat belted in.

In regards to this officer, I don't see how it is legal for him to pull his weapon. I understand that it's PC for a stop, but holding him at gun point?? I'd call 911 as soon as the officer let me go. The next call would be to the local news. This is why I will have my video phone running during ANY stop. Officers like this need to be rooted out and find another profession.

This has been rehashed over and over again, but it’s not illegal to pull a gun unless it rises to the level of aggravated assault (Like the gun that pulled a gun on the news crew). This is a state where carrying a gun is a crime and a cop doesn’t have to wait to see if you are going to “Go for itâ€.

He also doesn’t say the cop held him at gun point; he said he had his weapon drawn. I can’t count the number of times I approached a vehicle with my gun in my hand just because something didn’t seem right. Many times the people in the car never knew.

He has recourse. I’m not saying he shouldn’t file a complaint if that’s what he wants to do. But I can’t imagine any department doing anything about an Officer pulling his weapon while stopping a suspicious person that is armed with a gun.

[TMF]

This has been rehashed over and over again, but it’s not illegal to pull a gun unless it rises to the level of aggravated assault (Like the gun that pulled a gun on the news crew). This is a state where carrying a gun is a crime and a cop doesn’t have to wait to see if you are going to “Go for itâ€.

He also doesn’t say the cop held him at gun point; he said he had his weapon drawn. I can’t count the number of times I approached a vehicle with my gun in my hand just because something didn’t seem right. Many times the people in the car never knew.

He has recourse. I’m not saying he shouldn’t file a complaint if that’s what he wants to do. But I can’t imagine any department doing anything about an Officer pulling his weapon while stopping a suspicious person that is armed with a gun.

You're right Dave, I assumed the OP meant that the officer had him at gunpoint. I guess he could have just had it out.

Aside from that I'm sure an officer could justify anything if worded properly in a statement but that doesn't mean that anyone with a HCP should be okay with a gun being pulled on them for no reason. We live in a state that issues HCPs and officers should adapt to that environment.

I bet a police officer could kick in my door right now and hold me at gunpoint and be able to justify it to his superiors. Maybe he heard a woman scream; maybe he saw me brandishing one of my awesome ginzu knives whilst prepping dinner and thought I was a threat to defenseless onions. The point is that we as a people shouldn't be okay with that, and when we are treated in such manners we should do something rather than just roll over and accept the fact that nothing will come of our efforts. Maybe this cop has a record of abuses. Maybe this could be the straw that takes a bad cop off the street. Or maybe the officer feels really bad about the exchange, and upon complaint he apologizes to the OP and seeks to inform other officers of the incident so they don't so easily jump to such conclusions on such little information.

Hell, I just voted for a candidate that has no hopes of winning the primary, but I did it anyway because that's my responsibility. I didn't just stay home because I figured there was no point to fight the inevitable. That attitude is why we have lost our soul as a country.