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Had a buddie who was approached by two local deputies who noticed he was carrying. Ask him for carry permit that he showed them. They held him there while they ran the serial numbers on his gun to make sure it was not stolen. Can they randomly do that? Then gave it back to him and told him he was not allowed to carry a round in the chamber of his glock. Told him I have never hear of any thing like that. I am 100% sure they both had a round in the chamber on there pistols.

Jason Edited by Jason in TN
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Your friend needs to file a complaint with the Police department. They were 100% wrong about the round in the chamber. And I have never heard of a police officer running a s/n without probable cause. Where and when did this happen and what police department?

  • Like 4
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Those deputies just need adult supervision. I would have asked for their Sgts name and contact info. At a minimum he needs to contact the Sheriff and inform him that his deputies need to sit through remedial training on TN handgun carry laws.
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Had a buddie who was approached by two local deputies who noticed he was carrying. Ask him for carry permit that he showed them. They held him there while they ran the serial numbers on his gun to make sure it was not stolen. Can they randomly do that? Then gave it back to him and told him he was not allowed to carry a round in the chamber of his glock. Told him I have never hear of any thing like that. I am 100% sure they both had a round in the chamber on there pistols.

Jason

Confusion on the law, no round in chamber applies to a long gun in the car with HCP not the handgun on your hip.

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If it's illegal, then why didn't they arrest him and charge him with a crime? Those cops are in dire need of some training.

 

Being a cop takes more than just strapping on a gun and pinning on a badge, but it looks like we have some out there who fit that description, like these two.

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Running the serial number is becoming more and more common these days. I had a pistol stolen once that I would sure love to get back. Maybe mine will pop up some day! As for the LEO telling him he can't carry a round in his handgun tells me the LEO needs training on the laws. Could be your friend didn't understand what was said either.

 

Dave

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From your post we have no idea why the Officers stopped your friend, but yes, they can disarm him and there isn’t anything that stops them from running the numbers.

They don’t need probable cause to stop him, only reasonable suspicion. You are asking “Can they do that?” To have any kind of intelligent discussion about that we would have to know the exact circumstances of the stop.

If they told him that he couldn’t have a round in the chamber; they were wrong.

I don’t want stopped by the cops for anything. Since carrying a gun in Tennessee is a crime unless you are part of our special group; I don’t open carry to gain their attention.
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Does not sound like enough information to make a call here on who was right or wrong. Sounds like all we can say is;
1) the officers need training on the round in chamber issue if that's what they said
2) your friend needs training on the drawbacks of open carry,if that's what he was doing
3) your friend needs training on how to carry concealed if that's what he was doing
  • Like 1
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Running the serial number is becoming more and more common these days. I had a pistol stolen once that I would sure love to get back. Maybe mine will pop up some day! As for the LEO telling him he can't carry a round in his handgun tells me the LEO needs training on the laws. Could be your friend didn't understand what was said either.

 

Dave

I'm with you here Dave.  I don't have any guns that I'm not supposed to have, I can say undoubtedly that every piece I own is not stolen.  However, years ago I had a pistol stolen from me that I eventually got back.  2-3 years ago I got pulled over in Anderson County for rolling a stop sign.  Deputy ran my serial numbers and told me to have a nice day, said he appreciated me informing him and didn't write me a ticket for the traffic violation.  I didn't mind him running my numbers because I have nothing to hide and cops that do this will get more stolen guns back to their rightful owners. 

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being seen carrying a gun is cause for stopping someone.  It is illegal to carry in TN.


Yeah, but it ain't illegal to have one in the chamber if you have a HCP. That is some basic knowledge stuff that an officer should know.
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LEOs arent the only ones. I came across some individuals that had just take their safety class and swore that they were taught they couldnt have a round chambered while carrying. Even with an HCP.


Yeah, but regular folks get a by for being ignorant. Someone who is enforcing the law needs to know better. I would have corrected those officers if they said such a thing. I can only imagine they would disagree with me and be forced to take me to jail when I re chamber a round. I'm not sure what my recourse would be for being arrested for breaking a law that doesn't exist, but I'm not going to be dictated the law from someone who doesn't even know it.
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Running the serial number is becoming more and more common these days.

 

This is unfortunate. Yes, there is reasonable suspicion for a stop for carrying (shouldn't be, but whatever), but there is no RAS whatsoever that the firearm is stolen, and it seems like a search of the serial number goes outside the scope of the original stop. 

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This is unfortunate. Yes, there is reasonable suspicion for a stop for carrying (shouldn't be, but whatever), but there is no RAS whatsoever that the firearm is stolen, and it seems like a search of the serial number goes outside the scope of the original stop. 


4th Amendment. I don't suppose I'd decline an officer if he asked to run my numbers, but doing it without consent while at the same time not having PC to think it's stolen doesn't pass the sniff test. That would be like a cop seeing me on a cell phone and demanding I hand it over so he can run the IMEI number to determine if it is stolen. Total BS.
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Assuming your friend didn't do anything wrong to initiate this stop, he should have been adimate that they arrest and charge him with something, and then make a big friggin deal out of it. Since he didn't, he should at least file a complaint. Don't expect it to do any good, however.

 

Wearing a badge permits you to enforce the law; not make them up as you go along. This sort of thing should be brought to light each time it happens, as LEOs in general don't do a very good job of policing themselves. If the public doesn't hold them accountable for overstepping, then no one will.

Edited by gregintenn
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4th Amendment. I don't suppose I'd decline an officer if he asked to run my numbers, but doing it without consent while at the same time not having PC to think it's stolen doesn't pass the sniff test. That would be like a cop seeing me on a cell phone and demanding I hand it over so he can run the IMEI number to determine if it is stolen. Total BS.

If no one had anything to hide, why would you not consent to the serial number being run?

 

Dave S

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  • Moderators

If no one had anything to hide, why would you not consent to the serial number being run?

Dave S

I don't consent to anything more than I am legally and morally obligated to. I have great respect for local law enforcement and will assist them if I have knowledge that will help them solve a real crime. I will not assist an officer in a fishing expedition. The officer can either have PC that he can defend in front of a judge (because he will have to) or he can fuck off and go do his job and let me get on with my day. Edited by Chucktshoes
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If no one had anything to hide, why would you not consent to the serial number being run?

Dave S

I never said I wouldn't. Whether or not I would isn't the point though. I don't want my public servants breaking the law any more than the citizens they serve. Edited by TMF
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If no one had anything to hide, why would you not consent to the serial number being run?

Dave S

I used to feel the same way, but the more I thought about it the more I came to realize it's another way to attack our freedoms. They are taking away enough of our rights without me voluntarily giving them up. Edited by BigK
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If no one had anything to hide, why would you not consent to the serial number being run?

 

Dave S

 

I respect, but disagree with your line of thought. Your statement begs the question, would you feel the same if they knocked on your front door to run serial numbers on any guns you own? Since they can determine you have a permit, they would assume you own guns.

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Yeah, but regular folks get a by for being ignorant. Someone who is enforcing the law needs to know better. I would have corrected those officers if they said such a thing. I can only imagine they would disagree with me and be forced to take me to jail when I re chamber a round. I'm not sure what my recourse would be for being arrested for breaking a law that doesn't exist, but I'm not going to be dictated the law from someone who doesn't even know it.

 

I don't work in LE, but I don't think it's reasonable to expect them to know every law by heart. I do work in Tech Support, and I am familiar with almost every system, proprietary program, etc that Metro has, but that doesn't mean I have memorized every single shortcut key, nor do I know exactly who handles which backup or when they are run, or even if YOUR specific issue has all of them (daily/weekly incremental, daily/weekly/monthly full etc).

 

The analogy being, there are too many things out there for anyone normal, ie non-savant, person to know at any given moment and that doesn't count the changes coming down the pike. Add in, those deputies might very well have known the truth, and had some idiot higher up the food chain "correct" them.

 

Also, they will dictate the law to you, not much choice in that. Now I'm pretty sure you've stopped reading at this point but I am going to say anyway that yes you can disagree, file complaints, sue after you were arrested etc, but I am fairly certain they pretty much can do what they want if THEY believe they are right and they aren't illegally trying to kill you. I don't believe you can use force to escape if they are illegally arresting you for example. Not for something like this, let's not get into conspiracy theories.

 

Also "regular folks"? What exactly makes them "special"? They are normal people doing a job. I have met a few cops in my day that I don't consider "regular" but that's got jack to do with their job and all to do with what they did on the job proving they are they type of person deserving of respect etc.

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