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HCP traffic stop question

crotalus01

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If stopped for a traffic violation (or any other reason that is a non-felony), assuming the cop runs my license and it comes back that I have a carry permit, if the officer asks me if I am armed or have weapons in the vehicle can I cite the 2nd and 4th Amendments i.e. I reply "I am sorry Officer but my attorney has advised me to not answer any questions except those relating to the initial reason for you stopping me". Or is there an obligation under TN law to reveal if I am strapped?

Thanks
 

Fallguy

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The law requires you present your HCP upon the request of an officer. It does not say you have to notify them if you are armed or not.

But I'm not sure I would play it that way.
 

falcon1

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Fallguy wrote:
The law requires you present your HCP upon the request of an officer. It does not say you have to notify them if you are armed or not.

But I'm not sure I would play it that way.

At this point, I would inform the officer yes or no, then answer follow up questions--please note--IANAL.
 

ilbob

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crotalus01 wrote:
If stopped for a traffic violation (or any other reason that is a non-felony), assuming the cop runs my license and it comes back that I have a carry permit, if the officer asks me if I am armed or have weapons in the vehicle can I cite the 2nd and 4th Amendments i.e. I reply "I am sorry Officer but my attorney has advised me to not answer any questions except those relating to the initial reason for you stopping me". Or is there an obligation under TN law to reveal if I am strapped?

Thanks

I think it depends on what the law is in your state. if you are required to inform the officer you are armed, you should do so. If not, it is your choice.

I would not be playing word games with cops out on the street.
 

crotalus01

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Okay so this may sound ridiculous but most gun laws are ridiculous so: traffic stop, you are unarmed. Cop runs your license and it shows you have a HCP. He asks for your HCP, but as you are unarmed you do not have it with you. Am I correct in assuming that TN law states you only have to have your HCP when you are armed? Keep in mind AFAIK the law just says you must present your HCP on request of a LEO.

Yeah stupid question but then again I think its a stupid law that at 18 you cant buy a shotgun with a pistol grip but you can buy a shotgun and a seperate pistol grip from tha same store/FFL in the same purchase and legally install it when you get home (just for example). I dont like to take chances with gun laws, there are too many nonsensical ones out there...:banghead:
 

Task Force 16

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crotalus01 wrote:
Okay so this may sound ridiculous but most gun laws are ridiculous so: traffic stop, you are unarmed. Cop runs your license and it shows you have a HCP. He asks for your HCP, but as you are unarmed you do not have it with you. Am I correct in assuming that TN law states you only have to have your HCP when you are armed? Keep in mind AFAIK the law just says you must present your HCP on request of a LEO.

Yeah stupid question but then again I think its a stupid law that at 18 you cant buy a shotgun with a pistol grip but you can buy a shotgun and a seperate pistol grip from tha same store/FFL in the same purchase and legally install it when you get home (just for example). I dont like to take chances with gun laws, there are too many nonsensical ones out there...:banghead:

The way I understand it, you only have to have your Tn HG permit on your person if you are carrying ahandgun on your person.

Why would you not be in the habit of carrying your HGP in your wallet at all times like you would your DL?
 

crotalus01

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I am not, it was a theoretical question. Again, I dont like to take chances with gun laws as there are too many of them on the books that make no sense.
 

Fallguy

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You MUST have your HCP with you if you are armed, but there is no requirment to carry it when you are not, just as there is no requirment to have your DL if you are not driving.

But unlike your DL you can have more than one copy of you HCP, I know some that have orderded duplicates so they can leave one their car or range bag, just incase.
 

falcon1

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Fallguy wrote:
But unlike your DL you can have more than one copy of you HCP, I know some that have orderded duplicates so they can leave one their car or range bag, just incase.
I did not know that...thanks for posting!
 

SomeKid

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Under TN law:

If a policeman asks if you are armed you must truthfully answer him.

If a cop asks to see your HCP you must show it, if you are legally armed.

If a cop demands to disarm you, you sadly must legally comply (there are qualifiers, but the bar is rather low, however I would feel insulted, and publicly wonder if you would have a slander suit).

If you feel your life is in imminent danger from a LEO, you have the right to use lethal force to protect yourself (and for obvious reasons, your life had better have been in danger).

Keep in mind, say as little as possible.

"Are you armed?"

"Yes officer, I am legally carrying a firearm." Note, not volunteering to show him, not volunteering much. The only reason I would not simply say yes is you want the cop to hear the 'legally' part. Some cops could conceivably be jerks and play the "I will decide that!" game, but I think the risks are lower.

Say as little as possible, they are not your friends. Never volunteer information. Never offer options. Refuse any searches, and if he does them anyway, refuse consent before during and after. Whether or not you have anything to worry about, you never consent. Our rights are violated enough as is. Do not consent to any further ones!

I saw a video over on THR a while back, it was excellent speech by a constitutional lawyer on why you should never speak to cops. Sadly, I did not save it. It was roughly 30 minutes long, and is a must see.
 

Fallguy

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SomeKid wrote:
Under TN law:

If a policeman asks if you are armed you must truthfully answer him.

If a cop asks to see your HCP you must show it, if you are legally armed.

If a cop demands to disarm you, you sadly must legally comply (there are qualifiers, but the bar is rather low, however I would feel insulted, and publicly wonder if you would have a slander suit).

If you feel your life is in imminent danger from a LEO, you have the right to use lethal force to protect yourself (and for obvious reasons, your life had better have been in danger).

Keep in mind, say as little as possible.

"Are you armed?"

"Yes officer, I am legally carrying a firearm." Note, not volunteering to show him, not volunteering much. The only reason I would not simply say yes is you want the cop to hear the 'legally' part. Some cops could conceivably be jerks and play the "I will decide that!" game, but I think the risks are lower.

Say as little as possible, they are not your friends. Never volunteer information. Never offer options. Refuse any searches, and if he does them anyway, refuse consent before during and after. Whether or not you have anything to worry about, you never consent. Our rights are violated enough as is. Do not consent to any further ones!

I saw a video over on THR a while back, it was excellent speech by a constitutional lawyer on why you should never speak to cops. Sadly, I did not save it. It was roughly 30 minutes long, and is a must see.

I agree with all except your first statement. Nothing I have seen in the T.C.A. says you must tell (whether asked or voluntairly) an officer you are armed. Now if he is conducting an "investigation" I guess you could be charged with hindering that or something.

But....I do agree it is better to truthfully answer the question regardless or whether you legally have to or not. Just as you said don't volunteer and extra information and don't consent to anything.
 

SomeKid

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My understanding is that lying to a cop is always a crime, period. Which is why I advise not saying anything more than needed, or notifying a cop you are carrying. Make them ask.
 

bobkk

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SomeKid wrote:
My understanding is that lying to a cop is always a crime, period. Which is why I advise not saying anything more than needed, or notifying a cop you are carrying. Make them ask.
Why can they lie to you and it's o-k? But if you lie to them it's a crime. Double standard? If I was on a jury that someone was charged with lying to a cop. How could I convict them?
 

bobkk

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Why is it o-k for a cop to lie but if I lie to them it's a crime. Double standard?

Oops looks like I double posted. Sorry.
 

SomeKid

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It is a double standard, and it is crap, but it is the way it is. Get it changed if you can, but good luck. Personally, I would not convict anyone of lying to a cop. Period. If that is all I am on a jury for, I am letting them walk.
 

no carry permit ?

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SomeKid wrote:
Under TN law:

If you feel your life is in imminent danger from a LEO, you have the right to use lethal force to protect yourself (and for obvious reasons, your life had better have been in danger).
Hey SomeKID (AKA idiot ) A few guys in Waco tried that and they all are dead, in prison or on parole.

Your commentis the kind of statement that has officers asking the founders of this site why we are so anti-LEO. Additionally it is irresponsible to post such a thing when some idiot may take your horrible advice as competent legal advice, when it is not.

Some of you guys love to play lawyer on here but suggesting lethal force against police is reckless and incredibly ignorant.

You wonder why police want to disarm citizens at traffic stops ?Keep up the loony post and we will havepolice treating every permit holder or armed citizen as a felony stop.
 
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