My wife called me this morning on her way to work. She got stopped for 6 mph over. She was nice, and the officer was nice. He let her go with a warning. He said he wanted to run her license and insurance. Ok, no issues. He comes back an angry cop, demanding she step out and back at the car. He pat down searched her and went through the car, then explaining that she was trying to pull a fast one. He was pissed that she didn't give him her CCW permit and identify any guns. She wasn't carrying today ( rare!). He explained that in TN, you always have to show the CCW ID and tell them you are carrying. He let her go after upsetting her and doing the classic purse dump on the trunk. I was told in my CCW class in TN that we did not have to tell the Leo that we were either carrying or supply the ccw card. Tennessee's website is useless. I called my state trooper buddy and he said its not required to be shown with the license if you get pulled over. I called the local guys, they were " definitely you must show it in TN". So which is it???!!!
LEO harassed my wife about CCW this morning
- Thread starter mopar92
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TenDriver
Member
I know nothing of the laws in TN, but if ya'll are correct, I'd recommend a polite discussion with his chief.
newbuckeye
Member
According to "Travelers guide to the Firearm Laws of the 50 states" you must notify the LEO "upon demand of the LEO". If she wasn't armed, (as I see it...IANAL) she didn't need to say anything. In ohio we are required to notify upon CONTACT, not just when and if they ask.
I got pulled over a year ago because I had a marker light out. The guy was really professional, and professionally told me the same thing. I MUST always tell the LEO. He let me go, and I threw a new bulb in and didn't think much about it. I'm not arguing, I just want to make sure we are compliant.
newbuckeye
Member
Nope....Travelers guide says TN has a preemption law to prevent that.
wojownik
Member
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T.C.A. 39-17-1351(n)(1)
Except as provided in subdivision (n)(2), a permit issued pursuant to
this section shall be good for four (4) years and shall entitle the
permit holder to carry any handgun or handguns that the permit holder
legally owns or possesses. The permit holder shall have the permit in
the holder’s immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer.
I see nothing in the Tennessee code that makes reference to a requirement to have the permit in immediate possession when NOT carrying a handgun.
Except as provided in subdivision (n)(2), a permit issued pursuant to
this section shall be good for four (4) years and shall entitle the
permit holder to carry any handgun or handguns that the permit holder
legally owns or possesses. The permit holder shall have the permit in
the holder’s immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer.
I see nothing in the Tennessee code that makes reference to a requirement to have the permit in immediate possession when NOT carrying a handgun.
Guillermo
member
never ever ever let a cop search your
tyeo098
Member
I'd take you and your wife to see the Sheriff.
He's an elected official who doesn't want his cronies harassing people and breaking the law. I be that will settle it. Did she get his badge #?
He's an elected official who doesn't want his cronies harassing people and breaking the law. I be that will settle it. Did she get his badge #?
He let her go with a verbal warning, no badge number. It's not in our county. We are at a corner where we are bouncing county to county... Can't educate them all, but perhaps if in fact you don't have to show the CCW, I'll be sure and print it and put a copy in each of our glove box's.
627PCFan
Member
Time for a meet and greet.
Tn law is unambiguous. The permit is produced ONLY on request of a LEO. IF there is no request, there is no requirement. I have been stopped several times for out of date tag etc and never said a word. SInce our permits are coded to the driver's license I know the officer knew I had a permit once he ran my license. Yet nothing was ever said.
Some LEs just want to make the weight of their badge felt. This sounds like one of them. Yes, a registered letter to the chief might be in order.
SLightly off-topic, in TN the legislature changed the law so a permit holder can carry a long gun in the car with the magazine loaded but chamber empty. Two Metro cops stopped a guy with an AR in his car, mag loaded. They had no idea that was the law and called the station. "That sure sounds illegal to us. But call ATF." SO they call ATF. If it wasn't a short barrel, they didnt know. But it sure sounded illegal to them! Finally they got someone who actually knew these things and was told it was OK. But they told us (in my shop) that anyone doing it better be prepared for the traffic stop from hell. I would welcome the opportunity for the lawsuit from hell.
Some LEs just want to make the weight of their badge felt. This sounds like one of them. Yes, a registered letter to the chief might be in order.
SLightly off-topic, in TN the legislature changed the law so a permit holder can carry a long gun in the car with the magazine loaded but chamber empty. Two Metro cops stopped a guy with an AR in his car, mag loaded. They had no idea that was the law and called the station. "That sure sounds illegal to us. But call ATF." SO they call ATF. If it wasn't a short barrel, they didnt know. But it sure sounded illegal to them! Finally they got someone who actually knew these things and was told it was OK. But they told us (in my shop) that anyone doing it better be prepared for the traffic stop from hell. I would welcome the opportunity for the lawsuit from hell.
As shown in the relevant statute there's no obligation to tell an officer you have a permit or a weapon until they ask.
More importantly, if she didn't have a weapon and told him so and he subjected her to a search he's overstepped.
I would suggest a letter to the Sheriff requesting that he retrain his staff in the requirements of the law AND in being more professional in their behavior.
More importantly, if she didn't have a weapon and told him so and he subjected her to a search he's overstepped.
I would suggest a letter to the Sheriff requesting that he retrain his staff in the requirements of the law AND in being more professional in their behavior.
Archaic
Member
I always produce my CCW with my license when I'm stopped just as a matter of principle, I've actually noticed that I get better treatment from LE now than before I carried. Of course, I always carry so there is no ambiguity for me.
Loosedhorse
member
Yep.
Doesn't matter. I'd go talk to the chief.
I'd be careful about any sudden reaches for the glove box when talking CCW with a stopping officer.
Sam1911
Moderator Emeritus
I would absolutely be having a polite and firm discussion, in person, with the Sheriff, with the above cited laws in my hands, and ask him to take corrective measures to re-educate his Deputies as to what is required and what is not. Follow up with an official letter stating what happened, what the law says, and what you want to see done.
I wouldn't ever reach for the console, but if this happens again, be interesting to have him reach in and grab the letter and educate himself. It's not that big of a deal, but it's annoying how uneducated cops can be at their occupation. That's like a paint store worker not knowing how to use a hammer or pry opener.
Carl N. Brown
Member
It was required years ago, but was dropped as unnecessary after a few years. Perhaps some officers didn't get the memo. It would actually be helpful to have all officers and agencies on the same page.
Dr_B
member
The LEO's I have spoken to in west TN all told me that you are not required to tell them. But they do appreciate you telling them as a courtesy. Personally, when interacting with LEO's in my own town I always let the officer know.
Well, simply put, they DO know that you have a CCW when they run your license. They CAN disarm you ( temporarily stripping your 2nd amendment rights). But the reality is, he found out she had a CCW permit, and wanted to and did search her for the weapon simply because she did what was lawfully correct. I just called the Sheriff's office of that county and left a message to call me. I'm not ranting or pissed necessarily, but I would like for them to uphold the correct law.
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