SgtScott31
Regular Member
He entered a building that was not posted according to statute. In other words, he was conducting lawful activity.
I never said he wasn't carrying lawfully, but he knew the property owner did not want weapons in the building. Should the property owner post the correct sign? Absolutely, but the bottom line is the owner didn't want weapons there and the OP knew it. You can throw all of the excuses you want, but that's the bottom line. I'm sure the sign will be corrected soon enough (according to 1351) and now Mr. "the sign wasn't correct" has left a negative light on HCP holders at that facility.
Nope. He is misrepresenting the applicable statute. What he is claiming is that such an LE will assume that the citizen and his firearm is a "reasonable safety problem for the citizen or others." The statute requires a reasonable impression that there is a danger.
I'm not misrepresenting anything. LEOs don't assume that one who carries is automatically a threat. I looked at the facts of the OPs case and layed them out. From an obective standpoint, the LEO was not wrong in removing the firearm. He was called to the facility by the employees, there was a sign posted the OP elected to ignore, and the LEO was well within his right to follow up and disarm in the process. The applicable statute that allows a LEO to disarm a permit holder says nothing about a requirement that the LEO has to believe that a crime has been committed under the Terry standard.
In TN though you must have a permit to carry period OC or CC. And as the law is written (TCA 39-17-1307) it is unlawful period to carry a firearm in general. Having a Handgun Carry Permit is only a defense to 39-17-1307. So if an officer sees someone armed, as far as he knows, that person is violating the law until he can determine if they have a permit or not and the status of it.
That is correct. Technically LEOs can approach and ask to see the permit to make sure the holder is in compliance with the law. It is not done too often unless there are other things going on that warrant contact with someone carrying openly or in an area where crime is heavy, etc. Since it's illegal to carry a firearm and a defense is if you have a valid HCP, that allows LEOs to verify the holder has a HCP. I know many here disagree with it, but that's the way it is in TN. The legislature is the one's you need to address to change it, but I don't see it happening.
The agent of the property could have trespassed him.
Which will probably happen next time if he elects to return. I bet that's convenient for the other party.
It appears SgtScott feels this way.
I don't feel that way at all, but one who makes a practice out of attracting attention by ignoring rules is going to get the attention he deserves. Was the sign incorrect under statute? Yes. Did the property owner convey a decent message about prohibiting weapons from his property? Seems so, but hey, it's missing a picture so let's push the envelope a bit. That always seems to be the attitude of a small minority of HCP holders. Carrying a Draco in a state park seems to come to mind. If you want to promote HCP holders in a negative light, be my guest. Eventually it will come to the attention of the lawmakers and they may decide to put stricter regulations on concealed carry. Sometimes holders can be their own worst enemy. I could care less.
You are not going to win your argument here officer. Say all you want, but that law stinks and is too broad and infringes on the 4th amendment. The law needs to be corrected.
If it inringed on the 4th (or 2nd) Amendment, it would have been corrected years ago. If you want to correct it, feel free to try to change it. I can give you directions to the TN legislature downtown.
Even for an unlawful detention. Man I would get that statute corrected. It gives too much power to LEOs. So they can disarm any permit holder for anything, anytime, anywhere? Man that seems very unconstitutional, I'm surprised you all haven't challenged this.
It's illegal to carry a firearm and a defense is if you have a HCP. The LEO can verify the HCP if he sees you carrying a firearm. As far as disarming, the officer has to articulate facts as to why a safety issue exists before he does. In the OPs story, I think the officer was reasonable. Obviously I'm the only one that believes it here, which is not surprising on this forum.
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