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Look Who Made The News Again

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
If they say wearing a bullet proof vest and being armed is a cause for concern or is menising then I would like to ask all the LEO's out there do you go on patrol armed while wearing a vest?

I know I was required to wear a vest while on duty and armed.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA

Thundar

Regular Member
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Sep 12, 2007
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Location
Newport News, Virginia, USA
The warrant says they intentionally violated Leonard's 4th A rights.

Is there a law against carrying a loaded weapon in TN?

From the Warrant:

At that point, officers had to make sure that he was not carrying a loaded
weapon.
 

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
The warrant says they intentionally violated Leonard's 4th A rights.

Is there a law against carrying a loaded weapon in TN?

From the Warrant:

At that point, officers had to make sure that he was not carrying a loaded
weapon.

So can they stop all cars to make sure they have a DL?

Can they come into peoples homes to see that they are not growing a pot farm?

Sounds more like "Contempt of Cop" to me. They didn't like his attitude so they jacked him up.
 
Last edited:

Nascar24Glock

Regular Member
Joined
Jun 29, 2011
Messages
252
Location
Johnson City, TN
Nothing here mentions a LOADED firearm. The law you have cited only mentions that it is illegal to go armed with a firearm. It says nothing about a loaded or unloaded firearm. Did you leave some of the statute off?

Also, the defense section doesn't mention any of the defenses.

It does not mention "loaded." However, it does mention "intent to go armed"; and one of the defenses is that the firearm was "unloaded" (as per the definition of TN law). As such and as I understand it, someone has the intent to go armed based on case law if they have a loaded firearm and if none of the exemptions under section 1307 or other defenses under section 1308 apply.

And, yes, I did leave off some of the statute and the list of defenses since I didn't think it was relevant to the discussion. Here are those two sections in their entirety.

TCA 39-17-1307

(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4''), or a club.

(2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).

(B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.

(C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.

(b) (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and:

(A) Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or

(B) Has been convicted of a felony drug offense.

(2) An offense under subdivision (b)(1)(A) is a Class C felony.

(3) An offense under subdivision (b)(1)(B) is a Class D felony.

(c) (1) A person commits an offense who possesses a handgun and has been convicted of a felony.

(2) An offense under subdivision (c)(1) is a Class E felony.

(d) (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324.

(2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324.

(3) A violation of this subsection (d) is a Class E felony.

(e) (1) It is an exception to the application of subsection (a) that a person authorized to carry a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber. However, the person does not violate this section by inserting ammunition into the chamber if the ammunition is inserted for purposes of justifiable self-defense pursuant to § 39-11-611 or § 39-11-612.

(2) It is an exception to the application of subsection (a) that a person who is not authorized to possess a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber or cylinder, and no clip or magazine containing ammunition is inserted in the rifle or shotgun or is in close proximity to both the weapon and any person.

(f) (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and:

(A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction;

(B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or

(C) Is prohibited from possessing a firearm under any other provision of state or federal law.

(2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives.

(3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act, compiled in 26 U.S.C. § 5801 et seq., if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.

(4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.

(5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h), the respondent may be charged and convicted under any or all such sections.

TCA 39-17-1308

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;

(2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;

(3) At the person's:

(A) Place of residence;

(B) Place of business; or

(C) Premises;

(4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;

(5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;

(6) By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties;

(7) By a state, county or municipal judge or any federal judge or any federal or county magistrate;

(8) By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;

(9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws; or

(10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and the provisions of this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state.

(b) The defenses described in this section are not available to persons described in § 39-17-1307(b)(1).
 
Last edited:

bigb360

Regular Member
Joined
Mar 17, 2013
Messages
29
Location
Independence
Hey I don't live in TN, but got interested when I saw the video on a YouTube. Aiui, if you have a Tennessee carry permit, that is the exception to the no carry law you all are citing. So I don't see that the officer had probable cause to detain and confiscate.
 

Fallguy

Regular Member
Joined
Sep 21, 2007
Messages
715
Location
McKenzie Tennessee, USA
Hey I don't live in TN, but got interested when I saw the video on a YouTube. Aiui, if you have a Tennessee carry permit, that is the exception to the no carry law you all are citing. So I don't see that the officer had probable cause to detain and confiscate.

A carry permit is only an exception for a long gun when it is transported in a vehicle, not when carried on your person, even then the exception only applies if there isn't a round in the chamber, so the argument could be made that a LEO needs to check the chamber to make sure it is unloaded.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
So a seizure of your property to see IF there is a violation... what could be so wrong with that? :banghead:

There is PLENTY wrong with this, but unfortunately this is the current state of TN law. There is no RIGHT to bear arms as required by the Second Amendment of the US Constitution. In TN you have the privilege to bear arms if you obtain government approval first.
 

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
There is PLENTY wrong with this, but unfortunately this is the current state of TN law. There is no RIGHT to bear arms as required by the Second Amendment of the US Constitution. In TN you have the privilege to bear arms if you obtain government approval first.

I now understand the TN state motto...."The Volunteer state"

I now know it means you have to Volunteer to give up your Constitutional Rights to be in TN.
 

carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,737
Location
Concord, NC
The article says that he was charged with "possession of a prohibited weapon" which is defined as:

39-17-1302. Prohibited weapons.

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(1) An explosive or an explosive weapon;

(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;

(3) A machine gun;

(4) A short-barrel rifle or shotgun;

(5) A firearm silencer;

(6) Hoax device;

(7) A switchblade knife or knuckles; or

(8) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.

I do not see where the loaded (or unloaded) AR-15 has anything to do with this list/charge...was there something else in his possession that the story does not mention??
 

JustaShooter

Regular Member
Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
The article says that he was charged with "possession of a prohibited weapon" which is defined as:



I do not see where the loaded (or unloaded) AR-15 has anything to do with this list/charge...was there something else in his possession that the story does not mention??

Title of article might give a clue:

"Tennessee Man with Silenced AR-15, Body Armor Arrested "
 

carolina guy

Regular Member
Joined
Jun 21, 2012
Messages
1,737
Location
Concord, NC
Last edited:

Fallguy

Regular Member
Joined
Sep 21, 2007
Messages
715
Location
McKenzie Tennessee, USA
The article says that he was charged with "possession of a prohibited weapon" which is defined as:



I do not see where the loaded (or unloaded) AR-15 has anything to do with this list/charge...was there something else in his possession that the story does not mention??

The reason loaded/unloaded has been discussed has to do whether the LEO had PC or RAS to stop him in the first place based on TN law. Although as you pointed out what he was ultimately charged with had nothing do with that.
 

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
Detain and arrest first then we can look at the book and see what we can get to stick......


Aughhhh preemptive policeing; guilty of something until you can prove your innocent.
 

Fallguy

Regular Member
Joined
Sep 21, 2007
Messages
715
Location
McKenzie Tennessee, USA
Detain and arrest first then we can look at the book and see what we can get to stick......


Aughhhh preemptive policeing; guilty of something until you can prove your innocent.

The real sad thing is the law that allows them to do such and the courts that confirm it.....
 

Kingfish

Regular Member
Joined
Apr 10, 2007
Messages
1,276
Location
Atlanta, Georgia, USA
He is certainly doing the Lord's work in Tennesse, standing up for the civil rights of all who live or trvel in Tennessee.
He has stated many times that he would actively work against the rights of others if his are taken away...(If I can't have it, nobody will.)
 
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