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Thread: Do you have to tell cop if you have a gun?

  1. #1
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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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    Short answer, NO.

    You do not have to answer ANY questions by law.

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    You might want to take a look at this.

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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 letthem know right off so there's no surprises.

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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 letthem 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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    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 letthem 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 !!!:celebrate

    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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    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 !!!:celebrate
    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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    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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    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.:shock:

    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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    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 letthem 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.

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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 officersays theusual 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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    General Washington used none of the first Ten Amendments to defeat the British Army.
    The first ten amendments (the "Bill of Rights") were ratified December 15, 1791.
    The Treaty of Paris, ended the war when the ratification documents were exchanged in Paris on 12 May 1784.
    But I get your point.

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    I'm new to this, so in the interest of full disclosure here goes.
    I have been a LEO going on thirty-four years and am still going strong.
    I have been a NRA/FBI trained firearms instructor for over twenty years.
    I am a Endowment Life Member of the NRA.
    I have shot people.
    I am a sheepdog. I will defend myself and others against wolves.
    I believe anybody that carries legally is a sheepdog too.
    I may be living in another world, but when did the police become the bad guys.
    LEOs are trained to ID themselves as LEOs and to disclose they are armed when encountering other LEOs.
    That is not to "cop" a break on a traffic stop or other encounter. That is because when LEOs see/find a weapon on our own we get very defensive. It is plain old fashion common sense. Carrying a firearm for defense is NOT A GAME. Some of the threads sound like it is.
    We(LEOs) do tons of training now on "active shooters" We know there are many good citizens that have chosen to be "sheepdogs" and hope you are there when we (LEOs) need you. We are trained to interact with permit holders. Please don't turn a simple interaction into a situation. If you are legally carrying a weapon, the police will not be a problem. Deception will a LEO will almost always be a problem.
    LEOs are not the problem. Citizens legally carrying firearms are not the problem.
    If we don't work together and trust each other on some level, the wolves will win.
    My two cents.




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    Well said.



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    dengop wrote:
    I'm new to this, so in the interest of full disclosure here goes.
    I have been a LEO going on thirty-four years and am still going strong.
    I have been a NRA/FBI trained firearms instructor for over twenty years.
    I am a Endowment Life Member of the NRA.
    I have shot people.
    I am a sheepdog. I will defend myself and others against wolves.
    I believe anybody that carries legally is a sheepdog too.
    I may be living in another world, but when did the police become the bad guys.
    LEOs are trained to ID themselves as LEOs and to disclose they are armed when encountering other LEOs.
    That is not to "cop" a break on a traffic stop or other encounter. That is because when LEOs see/find a weapon on our own we get very defensive. It is plain old fashion common sense. Carrying a firearm for defense is NOT A GAME. Some of the threads sound like it is.
    We(LEOs) do tons of training now on "active shooters" We know there are many good citizens that have chosen to be "sheepdogs" and hope you are there when we (LEOs) need you. We are trained to interact with permit holders. Please don't turn a simple interaction into a situation. If you are legally carrying a weapon, the police will not be a problem. Deception will a LEO will almost always be a problem.
    LEOs are not the problem. Citizens legally carrying firearms are not the problem.
    If we don't work together and trust each other on some level, the wolves will win.
    My two cents.


    So what happens when the wolf is wearing the uniform of the LEO?

    Not all police are bad, but there is enough documentation, from around the country, to lead the average person to believe that police are not to be trusted until proven otherwise when you are the subject of their investigations.



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    dengop wrote:
    I'm new to this, so in the interest of full disclosure here goes.
    I have been a LEO going on thirty-four years and am still going strong.
    I have been a NRA/FBI trained firearms instructor for over twenty years.
    I am a Endowment Life Member of the NRA.
    I have shot people.
    I am a sheepdog. I will defend myself and others against wolves.
    I believe anybody that carries legally is a sheepdog too.
    I may be living in another world, but when did the police become the bad guys.
    LEOs are trained to ID themselves as LEOs and to disclose they are armed when encountering other LEOs.
    That is not to "cop" a break on a traffic stop or other encounter. That is because when LEOs see/find a weapon on our own we get very defensive. It is plain old fashion common sense. Carrying a firearm for defense is NOT A GAME. Some of the threads sound like it is.
    We(LEOs) do tons of training now on "active shooters" We know there are many good citizens that have chosen to be "sheepdogs" and hope you are there when we (LEOs) need you. We are trained to interact with permit holders. Please don't turn a simple interaction into a situation. If you are legally carrying a weapon, the police will not be a problem. Deception will a LEO will almost always be a problem.
    LEOs are not the problem. Citizens legally carrying firearms are not the problem.
    If we don't work together and trust each other on some level, the wolves will win.
    My two cents.


    Police became the bad guys when they stopped policing themselves. I left law enforcement after many years because the job stopped addressing problems within the ranks and blamed others for our inability to control ourselves. Unfortunately, 1 bad apple does spoil the whole bunch!!!
    Speed is fine
    Accuracy is final

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    I'm required to here in NC.

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    It is my understanding, and please correct me with verifiable facts, that you may be charged with obstruction at the LEO's discretion for not disclosing the fact you are carrying. I also know that for a fact your Permit may be revoked based on a review hearing that can be prompted by any LEO. This is what I was informed of when I questioned this myself. Although I did cooperate fully and disclosed I was wondering as well, sadly I was told it all depends on the LEO and how your behavior comes across to them...

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    seveer13 wrote:
    It is my understanding, and please correct me with verifiable facts, that you may be charged with obstruction at the LEO's discretion for not disclosing the fact you are carrying. I also know that for a fact your Permit may be revoked based on a review hearing that can be prompted by any LEO. This is what I was informed of when I questioned this myself. Although I did cooperate fully and disclosed I was wondering as well, sadly I was told it all depends on the LEO and how your behavior comes across to them...
    You do not have to talk to the police. Just say, "I decline to answer any questions without legal advice, and I don't consent to any unconstitutional searches." Then close your pie hole. Watch this link.

    http://www.youtube.com/watch?v=6wXkI4t7nuc
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    Gundude wrote:
    seveer13 wrote:
    It is my understanding, and please correct me with verifiable facts, that you may be charged with obstruction at the LEO's discretion for not disclosing the fact you are carrying. I also know that for a fact your Permit may be revoked based on a review hearing that can be prompted by any LEO. This is what I was informed of when I questioned this myself. Although I did cooperate fully and disclosed I was wondering as well, sadly I was told it all depends on the LEO and how your behavior comes across to them...
    You do not have to talk to the police. Just say, "I decline to answer any questions without legal advice, and I don't consent to any unconstitutional searches." Then close your pie hole. Watch this link.

    http://www.youtube.com/watch?v=6wXkI4t7nuc
    Yes you are correct "YOU DO NOT HAVE TO", and that is a great youtube video as well I think everyone on the planet should have to watch it...I sincerely believe that in my heart. That being said...it does not eliminate the fact you may be arrested for obstruction and or disorderly conduct, you are innocent if you are legal, but at what cost? Arrest, Bail, Impound, seizure, Lawyer,court fees(Guilty or not), then there is the board review on your license and permit, which you may bring an attorney but is not decided by a jury its a board made up of state representitives in the Nashville system who have to prove that they are effective in enforcement permit reviews which opens the results up to their own personal moral ethics and their own personal point of view on the matter. The fact you are legal will mean nothing because if you read the TN laws on permits in more than one area on the full application said it may be revoked at any time... So if your legal, declaring the weapon and completing the traffic stop is in fact in your best interest. Is it constitutionally correct NO and its unfair and if you have more money or connections then the average laymen you just might prove you were correct and have all charges dropped and still lose your permit...You may keep it but you still paid for an Attorney and those great and unconstitutional court fees you still pay when found innocent...So again its just easier to comply admit and move on with your day, Do not embelish add on to or say anything further than "Officer before we go any further i need to inform you I have a permit to carry concealed and I am armed at this moment" Then follow directions and if you feel you were legally violated take it up with a lawyer or file complaints later and see where they take you...Wow I babbled on sorry about that, Its just frustrating to see people complicate their lives at a meaningless moment when they have larger options after the factMy Grandfather has always told me "Always fight the good fight, but choose when and where your battles take place, so that you keep the advantage..."

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    kwikrnu wrote:
    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?
    So, you're trying to be illegally detained, again?
    Quote Originally Posted by Open Carry.org Member View Post
    I really disgree with this one! That means that we can have any yahoo running around with a gun with out the proper training. This really scares the hell out of me. Just my two-cents!
    Quote Originally Posted by KansasMustang View Post
    Joe Schmedlap out there with a loaded weapon thinking he's going to deter crime and he's not even trained to fire his weapon safely just kinda makes my hair on the back of my neck stand up.

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    I don't live in the same state, but we are not required to inform of a firearm. I don't like getting into a position where I may tell the officer, because he will ask you out of the vehicle, where's the gun, where's the permit. It seems to save a lot of hassle to just not answer if he asks.

    I want to get my ticket and be on my way. I don't want to get out and play 20 questions

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    I try to avoid any problems. If I don't give a reason to bestopped, there's no discussion with the officer.

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    Here is Williamson County Sheriff Jeff Long on audio 6-14-2010. He claims that you must notify. Listen 5:20-5:42. This is typical of ignorant Tennessee cops.

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