legal obligation to unload

[jacob]

I wouldn't refuse to do what I was reasonably asked to do...but like I said I am not a 2yr that is incapable of reason...if LE is uncomfortable and has valid reasoning, then I have no issues...but if I am to comply for the sake of compliance then I call B.S. that is hunger for power not fear of safety. ..and for the record I am in no way being argumentative...this just boggles my mind....

[tnguy]

In such a scenario, my aim is to minimise my interaction with the po-po as much as possible. The more interaction, the more the opportunity for things to start going wrong. As long as what is being asked of me does not rise above the trivial, I will comply (searches rise above the trivial). The time to sort such things out is *after* the event when the potential for trouble has disengaged. A letter to his superior would probably be appropriate (in this case, if you could do it, it would probably be better if you did it as it is less likely to come back on your wife).

With that said, it's arguable that for a woman travelling alone to be ordered to disarm rises above the trivial. That's a judgement call though.

[jacob]

Although it would not seem so, I would agree for a minimalist approach also...I guess I just didnt see the harm in asking the officer for a reason in said circumstance if only to maybe bring the error in handling a loaded firearm in excess to his/her attention in a passive manner...

[tnguy]

I guess it would depend on the read of the situation too. My take in general would be that if a cop was open to reason and being "corrected", unless he was fresh out of the academy, he'd probably know that handling a loaded firearm is not the safest way to proceed. Maybe I'm just too cynical :)

[bersaguy]

Ok , after all of this talk did he write her a ticket or give her a warning and turn her loose?????

[Mike.357]

I have only been pulled over once while armed.  I told the cop where it was and I firmly believe it got me out of the ticket.

 

I think in this scenario I would have told the cop that I really was not comfortable handling my handgun in my truck and especially did not feel safe unloading it in the truck.

 

The whole thing is dumb.  OS had it right.  In the holster and untouched is safest for all.

[jughead]

been stopped twice in last 15 years. both times i felt hassled. one got upset because of cocked and locked. second one same thing plus took my weapon, unloaded it and told me to put it under the seat. he said i had to keep it concealed. after he said he wouldnt write me we had a rather heated discussion about the law as written. i now keep a copy in all 3 vehicles. called him to prove my point BUT he never returned my call.

[TripleDigitRide]

If I am pulled over, I hand over my DL and insurance card. I don't give them my permit or mention that I have a gun. If they ask, I don't lie. I can only think of being asked one time, and that was before I got my permit.

[DaveTN]

I wouldn't refuse to do what I was reasonably asked to do...but like I said I am not a 2yr that is incapable of reason...if LE is uncomfortable and has valid reasoning, then I have no issues...but if I am to comply for the sake of compliance then I call B.S. that is hunger for power not fear of safety. ..and for the record I am in no way being argumentative...this just boggles my mind....

 
 

Although it would not seem so, I would agree for a minimalist approach also...I guess I just didnt see the harm in asking the officer for a reason in said circumstance if only to maybe bring the error in handling a loaded firearm in excess to his/her attention in a passive manner...

I think you will find most LE Officers are not uncomfortable with you carrying. (I know and worked with a lot of cops but I don’t personally know any Tennessee cops, so that’s just a guess based on what I have heard from some of the Tennessee cops here) But there may be some people and some conditions where they don’t feel comfortable. You are in a state where it is a crime to carry a gun. Your HCP is a defense to that charge, but it is does not give you rights that stop any Officer from stopping you or disarming you.

Any Officer should take the time to explain to you that the law specifically allows him to disarm you and ask to see your HCP while he has you stopped. Whether he is doing it because he sees something that concerns him, or just wants to do it really doesn’t matter.

Tennessee doesn’t require you to notify the Officer. I will do it if I am armed for my own personal reasons; other may choose not to; both are fine.

[Dustbuster]

I wouldn't have said anything about it in the first place. We can debate if you should, but she had no obligation to tell them she had it at all unless she was asked. If asked, I would tell them where it is and follow all requests, but I don't see a need to just bring it up.

I don't say this because I am trying to hide anything or make anyone's job harder. I simply don't consider it a big deal to have it with me and unless there are extenuating circumstances, I am not going to make it a point to make a deal of it.

Directly related to the point, if I was asked to unload it, no problem. It isn't worth an argument at that point. I can simply reload it when we are done.

Absolutely, I agree completely and yea patrol guys have every right to be paranoid as does anyone that handles domestic violence the number 2 call that officers die from.
If you hand your ccp to an officer on a stop it may provide an officer with much more comfort than informing them of holding a permit or weapon.
It's all because generally speaking, people just don't behave anymore. I always looked at a ccp as a fast indicator that I don't have a felon or prior in front of me. Today a lot of the newer guys just don't want to know about a ccp period you either do or don't have a weapon closeby. The honest hard working folks didn't help develop this mentality,the bad guys did.
So in essence, I would suggest to say nothing unless asked. I hate to say that because I've always been a fan of good intentions...always comply and treat others as u want to be treated!
Sorry your mrs had to deal with that...


Sent from my iPhone using Tapatalk 2 of course it ate my spelling.

[surfabilly]

i have been stopped twice in nashville (east precinct) since i started carrying. in both instances i offered my DL and HCP. both officers could not have been any nicer.

the first stop the officer was very nice, but looked at my HCP like i had just handed him my library card. kind of a "What does this have to do with anything" look.

the second stop was a relatively young officer. when he was handed the HCP he asked if i was armed at the time and where it was located. he said "I'll make you a deal. You don't go for yours, and I won't go for mine."

[Guest 270win]

What department was this?

[jacob]

Memphis PD...

[Chucktshoes]

Memphis PD...

I know several solid, clear thinking officers on the MPD. I also have interacted with a few morons too. Sounds like she got one of the latter.

[101]

This is number one reason to not tell them you are armed. Let them ask you. No need to inform, legally, so keep your mouth shut unless asked.

Too easy.

[jacob]

This is the first time my wife has been stopped since she got her hcp so I guess she didnt want to take any chances and was trying to be proactive and give the officer her permit...I can pretty much bet she wont do it again...

[bersaguy]

I guess there have been a lot of answers as what folks would do both pros and cons on the issue. If the officer that makes the stop will learn soon as he runs your DL that you also have an HCP. I would rather they have both my DL and my HCP when he walks back to his car than to learn about it and know he has to walk back up to your car and know that he is walking up to a vehicle with a possibly armed person in it. It can make some officers uneasy while others will take it in stride with just a little caution.......JMHO

[jacob]

Since there is no duty to notify I will leave that up to her.. in hindsight she feels like she should have at least asked the officer why she needed to unload the handgun even though she would have been willing to comply...it has defininitely given her more taste for training and education, that is most important IMO...

[101]

I guess there have been a lot of answers as what folks would do both pros and cons on the issue. If the officer that makes the stop will learn soon as he runs your DL that you also have an HCP. I would rather they have both my DL and my HCP when he walks back to his car than to learn about it and know he has to walk back up to your car and know that he is walking up to a vehicle with a possibly armed person in it. It can make some officers uneasy while others will take it in stride with just a little caution.......JMHO

I am not a cop. I would assume though that a good cop would always assume the person he is dealing with is armed and be ready for anything. You would think that after all these years of people being armed with permits that the policing profession would know that the people who shoot cops are not the ones with the permits. Can it happen?.....sure. Regardless of how or when he finds out about the weapon a good cop should already be mentally prepared for a weapon to exist.

[jacob]

I guess that's why in my initial post I was so irked...you pretty much summed up my thinking...there wasnt really a reason for him to react the way he did...especially with her handing him the permit on the front end...and as someone stated earlier, you would think the PDs would have written procedure for dealing with lawful HCP holders during a stop...

[bersaguy]

I guess that's why in my initial post I was so irked...you pretty much summed up my thinking...there wasnt really a reason for him to react the way he did...especially with her handing him the permit on the front end...and as someone stated earlier, you would think the PDs would have written procedure for dealing with lawful HCP holders during a stop...

I think that was me that said all police forces should have a set of rules to how they handle people with HCP's. If they run a license and that person has an HCP it is going to come back as the person possibly being armed but if they come back with a clean record which they must have in order to have an HCP then that should put them at ease rather than make it worse. At the present time there are over 400,000 Tennesseans with HCP's so police officers should know that in many cases the possibility of stopping an HCP person is growing every day.............jmho

[101]

I believe a portion of it might be the "respect my authority" complex. I have been stopped and the cop never said a word and could care less after running my license, but he was cool and professional.

The few times I have been stopped and the cop runs my license and sees the permit he gets all butthurt and wants to berate me after we have concluded business like he's my mother scolding me for not making my bed. I tell him that I do not legally have to tell him and he says (this is the funny part) "you should tell me anyways, that law does not matter". That usually happens with the younger less professional cops.

[jacob]

That quote right there worries me about some of the guys in LE...

[babelt]

I was stopped for speeding last spring and after I handed the officer my license and permit he asked me if I had a weapon on me. I said yes it is on my right hip. He asked me to hand him the weapon, which did aggravate me even though it is within law for him to do so. I asked why because I really don't feel safe handing anyone my loaded weapon. His response was that it would make him feel safer. Well at that point I didn't figure I need to push the issue anymore so I handed him my weapon ( I did happen to have a smart remark that it was loaded so be careful). He comes back a few minutes later, gives me my unloaded gun and say nice piece by the way. I guess i can't say a lot because it was in his legal duty to do so but if I told you I had a weapon in the car do you actually think you are safer by taking it away from me? I mean how many people that shoot cops hand them their permit then say I have a loaded weapon?

Sent from my DROID RAZR using Tapatalk 2

[jacob]

yea...doesn't seem to make much sense, but I guess not everyone operates the same way upstairs....