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Police Detainment for Non-Crimes

SgtScott31

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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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wrightme

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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
There, you just did it again. It is a subjective measure. There is no shred of objective to that metric.
The Terry standard is for the contact, not for the disarmament. Under Terry, the contact by LE was likely correct. That has been mentioned several times already. But, once contact was made, you have stated that LE can "disarm a permit holder at any time." That is the ONLY portion of the applicable statute that you underlined. But, you failed to present the accurate response. The portion after the "at any time" requires "when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals." That is no where near the same as "disarm a permit holder at any time," which is what you are still seeming to try and claim. You attempted to deflect it as if I have tried to claim that the Terry standard is what is required for disarm, and it isn't; nor have I claimed that.


SgtScott31 said:
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.
The permit holder did not do so. Why do you continue to claim he did?



SgtScott31 said:
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.
DC firearms laws infringed upon the 2nd Amendment for years, it should have been corrected years ago.
Your argument is weak. It is quite disingenuous to attempt that claim. In fact, that is the exact attitude that keeps infringements in operation. "If it was an infringement, it would not be a law, right?" No, we see SCOTUS needing to rule on such matters often. Sometimes it takes years or decades before the right case gets to SCOTUS to rule. Until then, statute that infringes is on the books, being enforced.



SgtScott31 said:
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.
So did the officer articulate such? This is the FIRST time in this thread that you have at least acknowledged that the officer cannot simply "disarm a permit holder at any time." Thank you for finally stating that you do understand the statute of the state where you reside AND enforce.
 

WCrawford

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Actually it's the officer's decision to decide what is possibly a safety issue and what isn't. Not yours or the OPs at the time the call was made. It is an objective (reasonable person) standard. Guy ignores sign and comes in armed, employees call = officer responds and likely disarms to investigate. Given the fact that the OP doesn't mind ignoring signs, I think most LEOs would likely disarm the individual in this situation.

As far as the signage, what would be more productive? Ignoring it and pissin the management/employee off, hence the call to LEOs, or explaining to the owner/employee that the sign is not outlined as what is required by law? Now you have an employee/manager who is definitely going to fix the sign and hold a grudge against HCP holders because his only interaction with one is a person who doesn't mind blowing the rules of the establishment off because of a bs technicality that it lacked a picture of a gun with a slash through it. Many here fail to look at the bigger picture.

I have to ask this before I make any further comments. Are you developmentally challenged?
 

WCrawford

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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.

100% correct. The only time I have not been disarmed when I was in contact with police were those time that I was carrying in accordance with my armed guard license.
 

SgtScott31

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I have to ask this before I make any further comments. Are you developmentally challenged?

Are you resorting to nothing more than name calling because you don't have a sound argument to counter mine? It seems to me it's a well written statement. That's the best you can do to answer? Put your experience, education, training, and list of certs against mine and we will see who might hold a little more credibility when it comes to carry issues in TN. I'm not really going to lose any sleep taking an insult from you. I expect it here because obviously a HCP holder can possibly do no wrong as long as it supports "the cause."

you have stated that LE can "disarm a permit holder at any time."

And every time I stated that, I was applying it to the situation described by the OP. I am very well of what the law says and what I can do. Going back and reading the threads I stated it several times. Feel free to point me to any of my posts where I stated I could disarm anyone at anytime without any cause. I suggest having your vision checked. LEOs can stop and validate a permit anytime a weapon is seen, but I have not said they could disarm anytime. I'm not sure where you pulled that one from.

The permit holder did not do so. Why do you continue to claim he did?

He ignored the sign posted on the front door. The sign was not outlined as prescribed by law. We've established that; hence why I did not say he ignored the "law."

DC firearms laws infringed upon the 2nd Amendment for years, it should have been corrected years ago.

DC firearm laws called for prohibition of handguns and strict guidelines for keeping other weapons in the home. That's a far cry from what we're dealing with here. The TN Constitution allows the legislation to regulate the carry of arms which is why we have HCPs in this state. I can point you to the AGs opinion on the matter. I don't think it's unconstitutional or going to change anytime soon. Considering that persons in this state can have firearms in their home or business and go through a few simple steps to go armed, we're a little more lax than a majority of other states.

So did the officer articulate such? This is the FIRST time in this thread that you have at least acknowledged that the officer cannot simply "disarm a permit holder at any time." Thank you for finally stating that you do understand the statute of the state where you reside AND enforce.

Again, point me to where I said otherwise. I never said we can disarm anytime. Maybe you're intentionally leaving out the rest of the sentence concerning the safety issue. Reread the posts. Who does the officer have to articulate his concerns to? the holder? Sorry, he doesn't have to. Just like he doesn't have to show RADAR to someone who was stopped for speeding. If the OP had an issue with it, then file civil action and/or a written complaint.
 
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Fallguy

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The security guard should have simply told him to disarm, leave all together, cover the handgun or left it be. Basically whatever he wanted done. That could have/should have been the end of it.

But once the officer arrived I don't see any problem with making contact and checking his permit status. As far as disarming him, it's subjective and no one is going to agree.

However....after that point, if the LEO was satisfied he was legally armed and not violating any other law, about the only thing to do is, ask the guard one last time if he wants the OP to leave, if the guard says No, then that is about all the LEO can do at that point and the contact should be over. Officers are supposed to enforce the law, not the policies of a business. And if the sign didn't conform to 39-17-1359 that is all it was...a policy violation, not a violation of the law.


While not directly on point, there was a case of guy OCing into a theater in NM. As most here know OC without a permit is legal in NM. Long story short the theater owner didn't have any signs posted, didn't ask the guy to leave, just called police. The officers got into trouble for trying to enforce the theater's policy instead of the law.
 

Grapeshot

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The security guard should have simply told him to disarm, leave all together, cover the handgun or left it be. Basically whatever he wanted done. That could have/should have been the end of it.

But once the officer arrived I don't see any problem with making contact and checking his permit status. As far as disarming him, it's subjective and no one is going to agree.

However....after that point, if the LEO was satisfied he was legally armed and not violating any other law, about the only thing to do is, ask the guard one last time if he wants the OP to leave, if the guard says No, then that is about all the LEO can do at that point and the contact should be over. Officers are supposed to enforce the law, not the policies of a business. And if the sign didn't conform to 39-17-1359 that is all it was...a policy violation, not a violation of the law.


While not directly on point, there was a case of guy OCing into a theater in NM. As most here know OC without a permit is legal in NM. Long story short the theater owner didn't have any signs posted, didn't ask the guy to leave, just called police. The officers got into trouble for trying to enforce the theater's policy instead of the law.

+1 - And that is the crux of the matter here. LEOs should never put themselves in the position of enforcing a private actor's policy, much less their own personal opinions or political bias, under color of law. Those in a leadership position with LEA are doubly guilty as they influence the conduct of others - more is the shame.
 

WCrawford

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Are you resorting to nothing more than name calling because you don't have a sound argument to counter mine? It seems to me it's a well written statement. That's the best you can do to answer? Put your experience, education, training, and list of certs against mine and we will see who might hold a little more credibility when it comes to carry issues in TN. I'm not really going to lose any sleep taking an insult from you.

No, I was trying only to assess if you had at least the average ability to comprehend things that were typed. Since you failed to answer the question directly, I will assume that you may very well be mildly developmentally challenged or ignoring what you choose to be argumentative.

So I will spell it you for you as simply as I possibly can. A sign that reads "No Concealed Deadly Weapons" is not the same as "No Guns" or "No Weapons". The word "concealed" being the key here.

This sign was also only posted on one of the public entrances. The other two were without signs. Which, under Tennessee law holds no weight. But, I did respect the property owner's explicit wishes and did not conceal.

Attempting to state that I somehow "knew" what the property owner meant when they stated something that contradicts what you believe they meant is absurd.



He ignored the sign posted on the front door. The sign was not outlined as prescribed by law. We've established that; hence why I did not say he ignored the "law."


Again, I did not ignore the sign. I followed its instructions to the letter. I did not have to even acknowledge the signs existence, since it held no weight in the law.

I expect it here because obviously a HCP holder can possibly do no wrong as long as it supports "the cause."

Come in here with reasoned and factual arguments and you'll be treated fairly. Use misrepresentations of the facts or ignore them and be treated as a troll. Its as simple as that.
 
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SgtScott31

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Attempting to state that I somehow "knew" what the property owner meant when they stated something that contradicts what you believe they meant is absurd.

What's absurd is your feeble attempt to imply that you took the sign to mean you could carry weapons in the facility as long as they were not concealed. It's not rocket science. They didn't want weapons in the building. Most people will get that.

I did not have to even acknowledge the signs existence, since it held no weight in the law.

Yea. Better to piss off the property owner and risk geting kicked out isn't it? Hopefully your companion didn't need you for anything too important since it was such an issue to carry in there.

Use misrepresentations of the facts or ignore them and be treated as a troll. Its as simple as that.

If you consider a different point of view than yours a "misrepresentation" than so be it. There are always two sides to the story. I gave a LEO perspective. If that makes me a troll, then ban away. No skin off my back. Believe it or not some people may disagree with you or your actions when it comes to firearm carry.
 

wrightme

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What's absurd is your feeble attempt to imply that you took the sign to mean you could carry weapons in the facility as long as they were not concealed. It's not rocket science. They didn't want weapons in the building. Most people will get that.
No, that is not correct. The sign specifically denied "concealed deadly weapons." It is quite standard to accept that statement means exactly what it says. It is NOT logical to attempt to claim that it means something else (like you are doing).

Now, beyond that, why do you now use insult to try and make a point? Are LE like this where you live?


"Concealed Deadly Weapons are Prohibited".

That says one thing. You are falsely attempting to insinuate that it meant something else. It very well may have been intended to have a different meaning, but that meaning is NOT obvious in the words used.

No matter how you attempt to misconstrue it to fit YOUR agenda, the OP followed the wording on the sign. He also followed the wording of the statute. So, not only was he within legal bounds, he even did NOT break the rules as propagated by the signage in place.
 
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SgtScott31

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If it meant "concealed" weapons only as you keep implying in the literal context, then why were LEOs called? Seems if it was a common practice to openly carry a firearm in that facility, the security/employees would not have thought twice about it.

I've been in Nashville for 35 years. Normally when a store puts up a sign that prohibits weapons, it's basically meant to include ALL weapons, regardless of the way they're carried. It seems a large majority of the population interprets it that way. Hmmf, maybe it's just me. Since carry laws continue to evolve and many new store owners are not experts on how to post a sign when they don't want them in their place of business, maybe you can help them out in that area.
 

wrightme

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If it meant "concealed" weapons only as you keep implying in the literal context, then why were LEOs called? Seems if it was a common practice to openly carry a firearm in that facility, the security/employees would not have thought twice about it.
Because the guy in charge wanted to make a scene, instead of taking the route of "trespassing" the person. At least that is how it appears to me.
In other words, it is simple to determine intent after the encounter. Up to the encounter with the security person, intent was not clear. Well, it seemed clear, but it was worded in a way that did NOT convey the meaning that the security person conveyed. Absent that contact with security, the OC'er in question DID follow the rules, AND was well within legal boundaries.
The rest is the result of that initial miscommunication.


SgtScott31 said:
I've been in Nashville for 35 years. Normally when a store puts up a sign that prohibits weapons, it's basically meant to include ALL weapons, regardless of the way they're carried. It seems a large majority of the population interprets it that way. Hmmf, maybe it's just me. Since carry laws continue to evolve and many new store owners are not experts on how to post a sign when they don't want them in their place of business, maybe you can help them out in that area.

Yet in THIS case, the sign clearly stated "concealed." Meaning seemed very clear. The OC'er followed that seemingly clear meaning. How do you expect someone to glean another meaning from a statement that clearly does convey one meaning?

This business did not put up a sign that "prohibits weapons." They put up a sign that did say something else. Your attempts to try and misrepresent it after the fact are disingeneous.



Until the encounter with security, no other intent than the literal reading was available.
 
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HvyMtl

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Hmm, I do not know if you are LEO or just claiming to be.


Facts are this: The new law voided all old signage, such as the poor attempt at the property in question, and replaced it with a simple gunbuster sign... Since the sign was not applicable by law, and due to the media coverage, most permit holders WILL ignore the wrong signage.

Even if the new law was not passed, it would NOT have been a ban, per se, as it was focused on concealed, and this fellow open carried.

The property owner may not have known this. Neither did the (fail) of a security guard who may have attempted to overstep his authority, by claiming to be a police officer...

Apparently, the original officer may not have known this, and did not secure the weapon (fail on safety.)

Is Metro LEO pro-carry? After this stop, and if you are actually a member of the MNPD, it is questionable.
 
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WCrawford

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Is Metro LEO pro-carry? After this stop, it is questionable.

I have absolutely no doubts that most MNPD officers believe they are pro carry. Probably in the same manner that the "Fudd" is pro gun.

But is one really pro carry when they condemn and lecture about the "dangers of open carry" when they are doing it themselves? Maybe its that left over "we are the only one's responsible enough" line of thinking?
 
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SgtScott31

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HvyMtl
Hmm, I do not know if you are LEO or just claiming to be
.

9 yrs LEO, half as a Sgt and FTO. I'm not with MNPD though, although I train and back them up on occasion (go to same courts, write the same tickets, etc). I wouldn't claim something I'm not, although I know it occurs on the internet. Believe what you may from my posts, but you can look from RP.net that I'm "verified," which requires ID to have that title (screen name is scott715us).

But is one really pro carry when they condemn and lecture about the "dangers of open carry" when they are doing it themselves?

Where do you get this info from? I'm not aware of any MNPD officer, or any officer in my area, that carries openly off-duty.

Since the sign was not applicable by law, and due to the media coverage, most permit holders WILL ignore the wrong signage.

Hence my disagreement with the bulk of posters here, including the OP. Rather than educating and attempting to develop good rapport with business owners, you elect to ignore the sign completely and leave a bad taste in their mouth when they tell you to leave and/or call the police. Which also wastes our time responding to the nonsense that OCers elect to create. There is no positive outcome for this. Now the business owner may still elect to prohibit weapons, but who knows, maybe giving them some info on their sign and striking up a conversation will change their mind about OCers and their policy about prohibiting weapons. I would think you would look at the bigger picture, but I guess it's better to flex your OC muscle a bit.

Is Metro LEO pro-carry? After this stop, and if you are actually a member of the MNPD, it is questionable.

Most LEOs I have come in contact with, including recruits I help teach at TLETA on occasion, ARE pro-carry. Whether the specific officer involved was pro-carry didn't really matter when he's called to an establishment who prohibits carry and OCers are violating it. YES I KNOW the sign was wrong and technically he wasn't violating anything, but the perception of the business entity was that he was. Now the correct procedure should have been to ask the OCer leave, but that didn't happen here. I'm sure next time it will or I hope it will, which will avoid wasting the LEOs time.

Yet in THIS case, the sign clearly stated "concealed." Meaning seemed very clear. The OC'er followed that seemingly clear meaning. How do you expect someone to glean another meaning from a statement that clearly does convey one meaning?

From my experience most of the general public believe that people have concealed carry permits, not handgun carry permits. I have seen quite a few signs where the language indicated "concealed" weapons are prohibited for just that reason. I think many of you know this, but elect to play dumb to it so that you can open carry wherever you think you have the privilege of doing, which leads me back to the answer above regarding creating relationships.

One of my co-workers and a very good friend of mine teaches a HCP class and has taught many, many HCP holders. Very few if any have said they would carry it openly. This has also been the common method of carry from many HCP holders I have encountered through my 9 yrs as a LEO (and tons of traffic stops). Now all of a sudden I'm to believe that tons of people carry openly? Maybe in the rural parts of the counties, but definitely not in Nashville or the larger urban areas. That's not to suggest it shouldn't happen, but concealed carry has been common since the growth of HCPs and that's what the signage reflected that business owners had posted. To say otherwise is an error in my belief. The new law outlining the signage is just that: NEW. It will take some time for folks to figure out compliance with it, but hey, in the mean time let's p*ss em off, that's the better strategy....:rolleyes:
 
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Grapeshot

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The main point that I think is missed in this lengthy exchange is the position statement of OCDO's home page:
"A Right Unexercised is a Right Lost."

I agree to a point on each of the divergent opinions. Tact, style and attitudes can greatly impact relations with others and yes we need to educate and inform wherever possible. That said, the expansion and general acceptance of OC has grown considerably in recent years and not always by choosing the easier route. There comes a time to stand up and be counted.

I would point out though that in some states OC is not considered a privilege, but a right - that being the case in Virginia, with no permit required.
 
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slowfiveoh

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.

9 yrs LEO, half as a Sgt and FTO. I'm not with MNPD though, although I train and back them up on occasion (go to same courts, write the same tickets, etc). I wouldn't claim something I'm not, although I know it occurs on the internet. Believe what you may from my posts, but you can look from RP.net that I'm "verified," which requires ID to have that title (screen name is scott715us).

Thank you for confirming your status as a LEO.

Where do you get this info from? I'm not aware of any MNPD officer, or any officer in my area, that carries openly off-duty.

Your knowledge does not constitute a static metric.
The lack of or distinct presence of law abiding open carrying LEO does not hold sway over the reality that it is a Constitutionally enumerated, individual right.

It is interesting to me that you truly believe you are "in more danger" while in the line of duty, than you are while off, and therefore the open carry of a sidearm is somehow "unnecessary".

Hence my disagreement with the bulk of posters here, including the OP. Rather than educating and attempting to develop good rapport with business owners, you elect to ignore the sign completely and leave a bad taste in their mouth when they tell you to leave and/or call the police.

Signs are everywhere in this country, and in many places they are actually posting outdated restrictions or prohibitions that are no longer valid.

A sign specifying "No concealed weapons", is VERY clear in its language.

Property owners have the distinct right to limit what they allow on their individual properties, and in this particular case, it is clear that they don't want weapons snuck in.

Clear and visible carry is obviously not addressed.

Which also wastes our time responding to the nonsense that OCers elect to create.

It would seem to me that the Constitutional right existed before your department was likely formed. It would also seem to me that you have sworn an oath to the Constitution of the United States, and likely to the Constitution of your particular state.

The "nonsense", is repeatedly being proven time and again, to be on behalf of inept or misinformed law enforcement, as "OC'ers" go about their daily lives in peace, carrying out activities that were so important to the founders of this country, that they protected it one amendment down from the freedom of speech.

There is no positive outcome for this.

Bull.

Limelighting the fallacy in your commentary is easy.

Seattle has had to fix their signs.
Tennessee has been forced already to address many of their signs.
All over the country, based on similar actions as the OP's, other business owners have embraced open carry and explicitly invited them to patron their shops or facilities.

Corporate companies have been made to realign with their policies, such as Target, Wal-Mart, and Fred Mayer.

Law enforcement agencies have paid thousands upon thousands, for violating individuals inalienable rights in modern, and recent times.

YOU say OC causes problems, I say it limelights a liberty that we have allowed to slip into disrepair over the years. In this case, the OC'ers have come out to be right, again, and again, and again.


Now the business owner may still elect to prohibit weapons, but who knows, maybe giving them some info on their sign and striking up a conversation will change their mind about OCers and their policy about prohibiting weapons. I would think you would look at the bigger picture, but I guess it's better to flex your OC muscle a bit.

Inflammatory garbage.

The conducting of an inalienable right is not the "flexing of a muscle". The ambiguity of the signs is pretty clear, and your self-concocted translation of the signs to mean "any and all weapons" would not hold a shot-glass of water in a courtroom.

The security guard could have been more polite, and indeed, acted like less of a pompous jackhole in trying to impersonate a police officer, by presenting his rather wimpy guard-card.

Of course, it is more important to denigrate OC'ers in general as you have done several times, than it is to investigate why a security guard would act like a sworn law enforcement officer by demanding to see a permit he is not entitled to see, under color of law.

Most LEOs I have come in contact with, including recruits I help teach at TLETA on occasion, ARE pro-carry.

"Pro-Carry" being open to interpretation of the officer right? We have repeatedly seen over, and over again, what these "pro carry" types are truly capable of.

Whether the specific officer involved was pro-carry didn't really matter when he's called to an establishment who prohibits carry and OCers are violating it. YES I KNOW the sign was wrong and technically he wasn't violating anything, but the perception of the business entity was that he was. Now the correct procedure should have been to ask the OCer leave, but that didn't happen here. I'm sure next time it will or I hope it will, which will avoid wasting the LEOs time.

Just a thought.

As a public servant, you (let's pretend you were on scene for a moment) could have easily said "Sir your sign does not expressly prohibit open carry, and clearly states "concealed carry. Open carry is permitted by law, and so long as the individual is not violating GATTToTP, he really is within his right, and probably didn't mean any harm.

It is your right as a private property owner to limit the type of traffic that comes in and out of your establishment, and if you wish him not to return, then we can proceed accordingly. However, this is likely just a misunderstanding."

But no, it makes more sense to escalate the scene, and then leave a loaded handgun in a waiting room full of people, away from the original owner. Right? :rolleyes:
".

From my experience most of the general public believe that people have concealed carry permits, not handgun carry permits. I have seen quite a few signs where the language indicated "concealed" weapons are prohibited for just that reason. I think many of you know this, but elect to play dumb to it so that you can open carry wherever you think you have the privilege of doing, which leads me back to the answer above regarding creating relationships.

That is a completely asinine conclusion. There are plenty of signs with different, and more direct language, that are posted all over the country, without the words "concealed". I could spend all day posting the different variations, but I think you would readily concede that these signs do in fact exist, and not even a small minority of them say "concealed" anywhere.


One of my co-workers and a very good friend of mine teaches a HCP class and has taught many, many HCP holders. Very few if any have said they would carry it openly. This has also been the common method of carry from many HCP holders I have encountered through my 9 yrs as a LEO (and tons of traffic stops).

Your venue is limited, and so is your experience in this particular matter.

Open Carry is pretty normal in more states than it is abnormal. Your state in particular just takes a large, steaming, fermented crap on not only its own state constitution, but the US Constitution as well.

Furthermore, the quantity of HCP holders who elect to conceal carry within Tennessee, has 0 to do with the tactical differences in carry methods.

Now all of a sudden I'm to believe that tons of people carry openly? Maybe in the rural parts of the counties, but definitely not in Nashville or the larger urban areas.

The right itself is incorporated. Meaning applied against all states.

I would expect the HCP process to eventually go the way of the dodo, and the oppression of the ability to carry open by those who think 1mm of fabric makes them morally superior, to do the same.

That's not to suggest it shouldn't happen, but concealed carry has been common since the growth of HCPs and that's what the signage reflected that business owners had posted. To say otherwise is an error in my belief. The new law outlining the signage is just that: NEW. It will take some time for folks to figure out compliance with it, but hey, in the mean time let's p*ss em off, that's the better strategy....:rolleyes:

You can't hold everyones hand gingerly as you conduct a constitutionally recognized, inalienable right.

If it squashes a comfort zone or two, then oh well. So long as it is done safely, then who cares? Nobody should.

You will find that most open carriers are very polite, and not out looking for confrontation.

It is shameful that the same cannot be said for law enforcement officers, which is a well documented, historical truth.
 

SgtScott31

Regular Member
Joined
Jan 6, 2011
Messages
158
Location
Nashville
Signs are everywhere in this country, and in many places they are actually posting outdated restrictions or prohibitions that are no longer valid.

A sign specifying "No concealed weapons", is VERY clear in its language.

Property owners have the distinct right to limit what they allow on their individual properties, and in this particular case, it is clear that they don't want weapons snuck in.

Clear and visible carry is obviously not addressed.

Very nicely said from someone who lives nowhere near TN, has no idea of the common types of carry, and who has no clue of how a majority of businesses posted their signs prior to the newer language in the 39-17-1359 statute.

It is interesting to me that you truly believe you are "in more danger" while in the line of duty, than you are while off, and therefore the open carry of a sidearm is somehow "unnecessary".

It is truly astounding that you believe LEOs are not targets simply from wearing the uniform and what they represent. Do you want me to post the numerous officer deaths from odmp of those that were ambushed or killed simply because they were LEOs? My opinion on open carry is that is purely a tactical screwup, but that's my opinion only.You can disagree and post whatever jargon you want to support your side, but it isn't going to change my view on the matter.

It would seem to me that the Constitutional right existed before your department was likely formed. It would also seem to me that you have sworn an oath to the Constitution of the United States, and likely to the Constitution of your particular state.

I'm very aware of the TN & U.S. Constitution and gladly uphold the oath I took so long ago. Nothing I have done has ever gone anywhere close to violating anyone's rights. I'm especially aware of what the TN Constitution has allowed the TN legislature to do when it comes to Handgun Carry Permits. The same legislature that enacted new laws on outlining the signage to prohibit weapons, which is still in the learning phase by many of the thousands of businesses across TN. As I've said already, I guess it's something the HCP holders feel like they should take advantage of until the right signs are erected. Bravo.

Law enforcement agencies have paid thousands upon thousands, for violating individuals inalienable rights in modern, and recent times.

YOU say OC causes problems, I say it limelights a liberty that we have allowed to slip into disrepair over the years. In this case, the OC'ers have come out to be right, again, and again, and again.

A fraction of cases and a fraction of money awarded when compared the amount of total claims regarding LE contact involving a weapon and/or OCer.

All over the country, based on similar actions as the OP's, other business owners have embraced open carry and explicitly invited them to patron their shops or facilities.

Let's not attempt to imply WA's policy is happening all over the U.S. It's a small majority, and not happening in urban areas with large populations. From the dozens of HCP holders I have seen go through the classes, very few elect to open carry here. It's not the common practice, so again, live here awhile before you attempt to claim you know what's going on.

The ambiguity of the signs is pretty clear, and your self-concocted translation of the signs to mean "any and all weapons" would not hold a shot-glass of water in a courtroom.

Again, in the literal context it may seem that way, but for years businesses posted signs that specifially outlined "concealed carry" of weapons because that was (and still is) the common practice of how firearms are carried, especially in Nashville and the other larger cities in TN. That's why many owners are now learning the new verbage and correcting it accordingly. You wouldn't know that because you live 3000 miles away.

"Pro-Carry" being open to interpretation of the officer right? We have repeatedly seen over, and over again, what these "pro carry" types are truly capable of.

"Pro-carry" in the sense of doing it RESPONSIBLY. Should I post the story of the HCP holder that was arrested just north of Nashville today for pulling his gun on a kid because he threw a rock at his car?

Open Carry is pretty normal in more states than it is abnormal. Your state in particular just takes a large, steaming, fermented crap on not only its own state constitution, but the US Constitution as well.

Solely your opinion on the matter and nothing more. If Tennessee's laws were violating the US Constitution, let alone it's own, it would have been addressed eons ago. I will be glad to give you the AG's opinion on it and the case law that supports that the legislature will have the authority to regulate the wearing of arms. I'm not surprised of your comment. It's the one stance that most of you have here take = ala 2nd Amendment means carrying anytime, anywhere, anyhow with no restrictions whatsoever. News flash, it's not the 1800s anymore and there are going to be restrictions whether you like it or not. As far as restrictions on private property (i.e. businesses), you and others can have a direct impact on which direction that takes. So far in this neck of the woods, it's going the opposite direction because of the interaction that started this thread.

Of course, it is more important to denigrate OC'ers in general as you have done several times, than it is to investigate why a security guard would act like a sworn law enforcement officer by demanding to see a permit he is not entitled to see, under color of law.

Last I checked, this isn't the security guard forums. The OP didn't ask if the security officer had the authority to ask. Obviously he knew he didn't, so why would I bring that up again? Just because I didn't imply it I'm taking the side of the guard? You know what they say about ASSumptions right?

That is a completely asinine conclusion. There are plenty of signs with different, and more direct language, that are posted all over the country, without the words "concealed". I could spend all day posting the different variations, but I think you would readily concede that these signs do in fact exist, and not even a small minority of them say "concealed" anywhere.

Read above. The common signage around this state prohibited "concealed weapons" because the common perception was that TN had CCW permits (concealed). I was born and raised in TN and I remember observing the same verbage in many signs. Your argument "holds no water" as you like to put it. Opry Mills mall came to mind where a similar incident took place because the sign had the same type literature. You wouldn't have a clue because you don't live here or anywhere close to where this took place. Honestly I don't know why you're even posting in the TN forum. Oh I know, someone probably called in reinforcements to support their argument.

Just a thought.

As a public servant, you (let's pretend you were on scene for a moment) could have easily said "Sir your sign does not expressly prohibit open carry, and clearly states "concealed carry. Open carry is permitted by law, and so long as the individual is not violating GATTToTP, he really is within his right, and probably didn't mean any harm.


Here's another thought. The OP could have done the exact same thing and asked if it was alright for him to remain in the building.It would have accomplished two things. Good interaction with the folks in the building, regardless of whether he could have remained or not, and (2) keeping a LEO from getting tied up. It goes both ways.

You will find that most open carriers are very polite, and not out looking for confrontation.

I never doubted that. I've stopped dozens of them throughout my career with no problems at all. Believe it or not, I've even sat in and educated some folks in HCP classes about dealing with LEOs specifically during traffic stops and other contact.

I would point out though that in some states OC is not considered a privilege, but a right - that being the case in Virginia, with no permit required.

I'm aware that other states don't require a permit at all for carry, but I'm in one that does require one, so I'm going to enforce the laws that are applicable in my jurisdiction.
 
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