Q-Tip
Regular Member
Well, after eight months of OC, I had my first LEO encounter at McDonalds in White Bluff.
I had just gone hiking at Montgomery Bell State park, and stopped by McD's in White Bluff on the way back. I went to the restroom first, and the officer walked in just as I got in line. I was thinking it was coincidence, since I had just waked in the store a minute ago. He walked back to a booth behind me and I overheard the words "grey shirt" and "weapon", and I was hoping it would tell them I looked fine, not to worry, and then leave with no encounter. Not the case. Here is the email I sent the White Bluff Police Chief (to save story time):
Mr. Holman;
I was briefly detained in McDonald's around 4:15 this afternoon by Officer ******* (car #***). I was openly carrying a black pistol, which was holstered on my right side. Officer ******* approached me and asked for my carry permit after entering the store and having a brief conversation with some people in a booth behind me. After checking my permit, Officer ******* informed me that there was no "open carry law" in Tennessee, and that I must conceal my firearm according to state law. I replied that I thought the law did not require me to conceal my firearm. He again told me that I had to conceal it, and to cover my sidearm with my shirt, which I did before placing my order and leaving the store.
According to TN State Attorney General Opinion No. 05-154, state law does not require firearms carried under Tenn. Code Ann. § 39-17-1351 to be concealed. I ask that you confirm this with your city or district attorney, and inform your officers of what the law requires in this case. I had no problem with being contacted and showing my permit, and I appreciate Officer *******'s professional manner during the contact. However, by his asking me to do something not required by state law, anyone in McDonalds who overheard the contact likely believes I was doing something illegal, and are now misinformed on the law as well. Again, please update your officers on how the law relates to open carry. Thank you for your time.
- Q-tip
Yes, I caved and covered , but I had much rather settle it through email if at all possible. If the chief updates the officers and they act accordingly, then I'm happy. I'll let y'all know when/if the Chief replies.
I had just gone hiking at Montgomery Bell State park, and stopped by McD's in White Bluff on the way back. I went to the restroom first, and the officer walked in just as I got in line. I was thinking it was coincidence, since I had just waked in the store a minute ago. He walked back to a booth behind me and I overheard the words "grey shirt" and "weapon", and I was hoping it would tell them I looked fine, not to worry, and then leave with no encounter. Not the case. Here is the email I sent the White Bluff Police Chief (to save story time):
Mr. Holman;
I was briefly detained in McDonald's around 4:15 this afternoon by Officer ******* (car #***). I was openly carrying a black pistol, which was holstered on my right side. Officer ******* approached me and asked for my carry permit after entering the store and having a brief conversation with some people in a booth behind me. After checking my permit, Officer ******* informed me that there was no "open carry law" in Tennessee, and that I must conceal my firearm according to state law. I replied that I thought the law did not require me to conceal my firearm. He again told me that I had to conceal it, and to cover my sidearm with my shirt, which I did before placing my order and leaving the store.
According to TN State Attorney General Opinion No. 05-154, state law does not require firearms carried under Tenn. Code Ann. § 39-17-1351 to be concealed. I ask that you confirm this with your city or district attorney, and inform your officers of what the law requires in this case. I had no problem with being contacted and showing my permit, and I appreciate Officer *******'s professional manner during the contact. However, by his asking me to do something not required by state law, anyone in McDonalds who overheard the contact likely believes I was doing something illegal, and are now misinformed on the law as well. Again, please update your officers on how the law relates to open carry. Thank you for your time.
- Q-tip
Yes, I caved and covered , but I had much rather settle it through email if at all possible. If the chief updates the officers and they act accordingly, then I'm happy. I'll let y'all know when/if the Chief replies.
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