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kwikrnu
Regular Member
| Joined: | Wed May 14th, 2008 |
| Location: | Tennessee USA |
| Posts: | 92 |
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Posted: Sat Sep 26th, 2009 01:03 am |
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I know the law says if asked I "shall display the permit on demand of a law enforcement officer." TCA 39-17-1351(n)(1)
I haven't seen where I have to say if I have a handgun.
If a cop asks if I have a gun do I have to answer him?
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crotalus01
Regular Member
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Posted: Sat Sep 26th, 2009 04:46 am |
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Short answer, NO.
You do not have to answer ANY questions by law.
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PA-Carry
Regular Member
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Posted: Sat Sep 26th, 2009 05:22 am |
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You might want to take a look at this.
Attachment: USOffLimitsN-W.pdf (Downloaded 95 times)
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Task Force 16
Campaign Veteran
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Posted: Sat Sep 26th, 2009 08:07 am |
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If you're on foot and OC, LEO isn't going to have to ask if you are armed. Altough they may ask if you have a HCP. So far, I haven't had a LEO ask to see my HCP.
If you're pulled over in a traffic stop, no, you don't have to tell the officer that you are armed, but if you have been issued a HCP he'll find out when he runs your DL. Might as well let them know right off so there's no surprises.
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suntzu
Regular Member
| Joined: | Sun Jun 22nd, 2008 |
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| Posts: | 899 |
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Posted: Sun Sep 27th, 2009 01:03 am |
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Task Force 16 wrote: If you're on foot and OC, LEO isn't going to have to ask if you are armed. Altough they may ask if you have a HCP. So far, I haven't had a LEO ask to see my HCP.
If you're pulled over in a traffic stop, no, you don't have to tell the officer that you are armed, but if you have been issued a HCP he'll find out when he runs your DL. Might as well let them know right off so there's no surprises.
Just because you have a permit, does not mean you have a gun.
even if you have a gun in your vehicle, you are under absolutely no obligation to tell them about it. Even if they ask you point blank if you have a gun, you are not obligated to tell them--you can simply say refuse to answer it. If you do--also refuse to consent to any search if they ask for it. You can have a gun in your car without a permit as long as it is unloaded and the ammunition is in another area of the car that is inaccessible to you at the time. At least that is how I understand things in this state.
if they get you out of your car--make sure all of your doors are locked, and refuse to voluntarily give them the keys.
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mrbsox
Regular Member
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Posted: Fri Oct 23rd, 2009 02:41 pm |
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suntzu wrote: Task Force 16 wrote: If you're on foot and OC, LEO isn't going to have to ask if you are armed. Altough they may ask if you have a HCP. So far, I haven't had a LEO ask to see my HCP.
If you're pulled over in a traffic stop, no, you don't have to tell the officer that you are armed, but if you have been issued a HCP he'll find out when he runs your DL. Might as well let them know right off so there's no surprises.
Just because you have a permit, does not mean you have a gun.
even if you have a gun in your vehicle, you are under absolutely no obligation to tell them about it. Even if they ask you point blank if you have a gun, you are not obligated to tell them--you can simply say refuse to answer it. If you do--also refuse to consent to any search if they ask for it. You can have a gun in your car without a permit as long as it is unloaded and the ammunition is in another area of the car that is inaccessible to you at the time. At least that is how I understand things in this state.
if they get you out of your car--make sure all of your doors are locked, and refuse to voluntarily give them the keys.
All of the above does sound to be in line with the 'letter of the law',,,
but, IMO, why would you want to make any LEOs job tougher on you. It would seem to me that any time you become un-cooperative, you are raising suspinsion, and the possibility of 'probable cause'... another letter of the law.
The wife and I both carry, and have been stopped for traffic violations, both in TN as well as out of state. As advised in our HCP class, hands stay on the wheel, and advise the officer of your residential status, your permit, and that there IS a weapon in the car/truck. Everything has always gone smooth after that. Indiana by law has to run the serial for stolen weapon, so you have to surrender it to the officer. He handed the wifes XD45 back with a 'NICE GUN' comment and a slow down !!!
I have always been 'thanked' by the officer for the way I presented the information about a weapon in the car. Just makes sense to me.
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HankT
State Researcher
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Posted: Fri Oct 23rd, 2009 03:17 pm |
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mrbsox wrote:
All of the above does sound to be in line with the 'letter of the law',,,
but, IMO, why would you want to make any LEOs job tougher on you. It would seem to me that any time you become un-cooperative, you are raising suspinsion, and the possibility of 'probable cause'... another letter of the law.
The wife and I both carry, and have been stopped for traffic violations, both in TN as well as out of state. As advised in our HCP class, hands stay on the wheel, and advise the officer of your residential status, your permit, and that there IS a weapon in the car/truck. Everything has always gone smooth after that. Indiana by law has to run the serial for stolen weapon, so you have to surrender it to the officer. He handed the wifes XD45 back with a 'NICE GUN' comment and a slow down !!!
Ahhh, I don't know...it's a moderately difficult choice.
I'd say whatever works for you and makes you comfortable, OK. But in a state that doesn't require disclosure, I fall on the side of not offering up non-mandated information in a traffic stop or any other police/citizen encounter that would complicate the event.
I'd be cooperative, business-like, and mum on the gun. If a specific question is asked, I'll reply truthfully. But the cop doesn't need to get in my bidness.
I can see the opposing view, though.
But, hey, the best defense is a good defense....don't get into the traffic stop in the first place. If you find yourself getting stopped multiple times for traffic violations....there's probably something wrong with your driving...
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mrbsox
Regular Member
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Posted: Sat Oct 24th, 2009 02:51 pm |
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HankT wrote:
If you find yourself getting stopped multiple times for traffic violations....there's probably something wrong with your driving...
Lol ... good point there also, albeit over several years. We've had our permits going on 10 years now.
To disclose or not to disclose, that is the question ... to para-phrase
Guess it boils down to freedom of choice, another freedom we could well loose if we don't start standing strong on the ones we STILL have.
George Washington didn't use the 1st ammendment to defeat the British
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SlackwareRobert
Regular Member
| Joined: | Tue Jun 10th, 2008 |
| Location: | Alabama |
| Posts: | 962 |
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Posted: Thu Oct 29th, 2009 09:58 pm |
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mrbsox wrote: HankT wrote:
If you find yourself getting stopped multiple times for traffic violations....there's probably something wrong with your driving...
To disclose or not to disclose, that is the question ... to para-phrase
Guess it boils down to freedom of choice, another freedom we could well loose if we don't start standing strong on the ones we STILL have.
George Washington didn't use the 1st ammendment to defeat the British
Yea, but he didn't have king george nit picking about what the amendment says either.
My driving is perfect, I don't cross the line, but I definitely smear the paint a lot.
Going to be in area of border checkpoints soon. If I have a dog whistle file set up
in the car, how much amplitude should I use to mess with the nosey k-9 for when
I don't consent to a search? I just want to ensure that the dogs reaction is plainly
visible and not those no sign is a sign garbage. I know the high freq of
Benatar's Wurthering Hights drove one k-9 nuts in front of me, but would
prefer a more targeted approach.
Anyone remember the court decision that it isn't a crime to talk back to a police dog?
Sorry, I am a cat lover.... who volunteers nothing unless it serves my own interests.
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suntzu
Regular Member
| Joined: | Sun Jun 22nd, 2008 |
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| Posts: | 899 |
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Posted: Mon Nov 2nd, 2009 10:57 pm |
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mrbsox wrote: suntzu wrote: Task Force 16 wrote: If you're on foot and OC, LEO isn't going to have to ask if you are armed. Altough they may ask if you have a HCP. So far, I haven't had a LEO ask to see my HCP.
If you're pulled over in a traffic stop, no, you don't have to tell the officer that you are armed, but if you have been issued a HCP he'll find out when he runs your DL. Might as well let them know right off so there's no surprises.
Just because you have a permit, does not mean you have a gun.
even if you have a gun in your vehicle, you are under absolutely no obligation to tell them about it. Even if they ask you point blank if you have a gun, you are not obligated to tell them--you can simply say refuse to answer it. If you do--also refuse to consent to any search if they ask for it. You can have a gun in your car without a permit as long as it is unloaded and the ammunition is in another area of the car that is inaccessible to you at the time. At least that is how I understand things in this state.
if they get you out of your car--make sure all of your doors are locked, and refuse to voluntarily give them the keys.
All of the above does sound to be in line with the 'letter of the law',,,
but, IMO, why would you want to make any LEOs job tougher on you. It would seem to me that any time you become un-cooperative, you are raising suspinsion, and the possibility of 'probable cause'... another letter of the law..
Simply put--and I'm by no means being an a__ho*e...but, my job isn't to make their job easy. That is what the Russians had to do every time they were told to BOHICA.
We have no obligation to answer any questions beyond those necessary to identify us when RAS or PC exist, unless you are driving, in which you are required to produce a driver license.
All of this will almost without a doubt be on audio--as I will have at least one on my person and another running in the car to record the conversation for my protection, and to make any future litigation and official complaint easier.
We have no obligation to answer any questions regardless of what they tell us. It isn't hindering, it isn't impeding--it is exercising your Constitutionally protected rights--and if we let them intimidate us--which many of them love to do--then they win. Intimidation, harassment, outright lying and bluffing can only work as long as we allow it to. We also should never voluntarily consent to any search of our person or belongings--if they have to ask, then they have no reason to search.
Remember---most of the time the police are fishing when they stop you. They are wanting to find a reason to take you to jail. They are not your friend in any form or fashion and IMO cannot be trusted. What you don't say--can't be used against you.
As for refusing to answer questions giving them RAS or PC--I'd like to see how my refusal to answer their questions can make them believe I am committing, about to commit or have already committed a crime, considering again that you have no obligation to speak to them.
If we refuse to stand up for our rights, then our rights will go the way of the dodo bird.
Last edited on Mon Nov 2nd, 2009 11:03 pm by suntzu
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hi im drummer03
Regular Member
| Joined: | Wed Nov 4th, 2009 |
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Posted: Wed Nov 4th, 2009 06:40 am |
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This is from what i was told in my HCP class.
1.When being pulled over take out you handgun permit.
2.Have it in hands on steering wheel.
3.When officer says the usual few first lines, hand him your permit and say "I have my THCP."
4.When he asks tell him.
I have done this several times with the firearm in my car and on my person.No problems.If your up front with them they will comply and mostly let you go.
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