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Thread: Update on Tennessee Gun Confiscation - Habeas Armas, Habeas Armas!!!

  1. #1
    Regular Member Thundar's Avatar
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    Exclamation Update on Tennessee Gun Confiscation - Habeas Armas, Habeas Armas!!!

    Sad state of Law Enforcement in Tennessee. Follow up to original AK confiscation in Tennessee story.

    ...Officer Loftis then asked with no probable cause, if I had any drugs or weapons in the car. I told Him no drugs, but that I did have a pistol in a locked box, locked in the trunk of the car. Officer Loftis asked me if I had a permit for the pistol, and I said No, that permits were not necessary in Colorado except for the CCW. His response was that we weren’t in Colorado, we were in Tennessee and that in Tennessee, permits for handguns were required. (Permits to “CARRY” handguns are required in Tennessee-but there are NO permits required to POSSESS handguns, rifles or shotguns in Tennessee)...


    Link: http://restoretheconstitution.wordpr...ncident-in-tn/
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Quote Originally Posted by Thundar View Post
    Sad state of Law Enforcement in Tennessee. Follow up to original AK confiscation in Tennessee story.

    ...Officer Loftis then asked with no probable cause, if I had any drugs or weapons in the car. I told Him no drugs, but that I did have a pistol in a locked box, locked in the trunk of the car. Officer Loftis asked me if I had a permit for the pistol, and I said No, that permits were not necessary in Colorado except for the CCW. His response was that we weren’t in Colorado, we were in Tennessee and that in Tennessee, permits for handguns were required. (Permits to “CARRY” handguns are required in Tennessee-but there are NO permits required to POSSESS handguns, rifles or shotguns in Tennessee)...


    Link: http://restoretheconstitution.wordpr...ncident-in-tn/
    Permits are not required to have a handgun in TN as long as the handgun is separated from the ammunition and not accessible--ammunition in the trunk, weapon in the rear seat or locked in a container.

    The "officer" involved should be fired--but alas that will never happen--but that is the state of law enforcement in this state.
    Last edited by suntzu; 09-25-2010 at 09:37 PM.

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    I find the whole saga somewhat unbelievable, myself.

    Would love to hear the "rest of the story".

    - OS

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    Regular Member HvyMtl's Avatar
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    After reading, I get more questions than answers. Can the fellow re-write it? Cause it seems he may have consented to search, when there was no need to, among other things.

    And never talk on and on to a Cop. It, sadly, may lead to things you do not want. For example - Cop asks "Do you have any drugs in car?" Fellow says,"No, but I have guns." Um. Cop asked the question to do some fishing, and this fellow took the bait. The answer is," No, sir." NOT: "No, but...."

    And the way the event unfolds seems to be missing information...

    IF it is close to what he says, he should get an attorney involved. But, that wont fire the Trooper.
    Last edited by HvyMtl; 09-27-2010 at 12:44 PM.
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    Regular Member Thos.Jefferson's Avatar
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    Quote Originally Posted by HvyMtl View Post
    After reading, I get more questions than answers. Can the fellow re-write it? Cause it seems he may have consented to search, when there was no need to, among other things.

    And never talk on and on to a Cop. It, sadly, may lead to things you do not want. For example - Cop asks "Do you have any drugs in car?" Fellow says,"No, but I have guns." Um. Cop asked the question to do some fishing, and this fellow took the bait. The answer is," No, sir." NOT: "No, but...."

    And the way the event unfolds seems to be missing information...

    IF it is close to what he says, he should get an attorney involved. But, that wont fire the Trooper.
    The best answer is "Are my papers in order?" "Am I free to go?"
    He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent which will reach to himself. -- Thomas Paine (1737--1809), Dissertation on First Principles of Government, 1795

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    Quote Originally Posted by Thundar View Post
    Sad state of Law Enforcement in Tennessee. Follow up to original AK confiscation in Tennessee story.

    ...Officer Loftis then asked with no probable cause, if I had any drugs or weapons in the car. I told Him no drugs, but that I did have a pistol in a locked box, locked in the trunk of the car.


    Link: http://restoretheconstitution.wordpr...ncident-in-tn/
    I have cut this section down because this is the most relevant part to me. The "officer"--and I use that term loosely, does not need any PC to ask you questions. You simply have to keep your head and refuse to answer them. He asks--do you have any drugs or guns in the car. The dialog should have went something like this I think:
    Officer: do you have any drugs/weapons in the car?
    Citizen: what was the reason for this stop again officer?
    Officer: answers something not related to weapons/drugs..
    Citizen: Am I required to answer that question officer, because if not I choose to exercise my right to not speak to you and instead concentrate on the reason for the stop.
    Officer: Takes you out of the car.
    Citizen: locks the door, locking keys in car but keeping spare door key in pocket/shoe/favorite place
    Officer: Asks for permission to search.
    Citizen: CLEARLY REFUSES consent to search vehicle.


    they CAN ask you anything they want--but you CAN refuse to answer.

    merely refusing to answer does not give them grounds to search your car--and considering it would all be on their dashcam video and/or your audio--it will be a valuable tool in pursuing a suit against the officer if he/she/they insist on violating your rights.

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    Regular Member Gundude's Avatar
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    I decline to answer any questions without legal advice.
    I do not consent to a search of my person or my car.
    Close pie hole.
    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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