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Tennessee Firearms Assoc. Inc. • View topic - Not having carry permit on your person

Not having carry permit on your person

This forum section is primarily to allow individuals to post questions that they have concerning topics on which TFA members may have expertise or experience.

Not having carry permit on your person

Postby General Forrest » Wed Jul 08, 2009 8:21 pm

A couple of questions, really. First of all, can a law officer, having seen me walking in my neighborhood with my pistol on my hip, stop me and ask to see my carry permit card? I know they can if I am perceived as being in the act of committing a crime, but I'm talking about walking with my wife on an evening stroll.
Secondly, if they can stop and ask for the permit for no reason, what is the penalty for not having the card on my person.
I've looked and looked in the law and on web sites and I cannot find the answer to either question.
Thanks in advance.
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Re: Not having carry permit on your person

Postby photoguy67 » Wed Jul 08, 2009 10:24 pm

I am not an attorney, but the way I understand the law. A police officer may stop you to check your carry permit upon seeing an openly displayed weapon (probable cause). 2nd you MUST have your carry permit on your person whenever you are carrying a weapon, I believe it to be the same offence as not having one at all. but I am sure someone will post the actual law pertaining to this soon.
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Re: Not having carry permit on your person

Postby David Lewis » Wed Jul 08, 2009 10:44 pm

You must have your permit in your possession if you are carrying a handgun.

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Re: Not having carry permit on your person

Postby falcon1 » Wed Jul 08, 2009 11:05 pm

Second or third what others have already said...you MUST have your permit in your possession if you are carrying a firearm, OC or CC, period.
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Re: Not having carry permit on your person

Postby ProguninTN » Thu Jul 09, 2009 8:43 pm

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Re: Not having carry permit on your person

Postby General Forrest » Fri Jul 10, 2009 9:16 am

So it seems to me that the trigger here (pardon the pun) would be carrying the pistol visibly. If I had it concealed, he/she would have no probable cause to expect I was going armed, therefore, they would have no cause to stop me to check if I were permitted, all other things I might be doing being legal.
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Re: Not having carry permit on your person

Postby johnharris » Fri Jul 10, 2009 12:40 pm

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Re: Not having carry permit on your person

Postby netmindr » Fri Jul 10, 2009 2:18 pm

I believe I read somewhere that the penalty for not having your permit on you is $25, but I'm not sure if that is accurate. I would also not be surprised if they confiscated your weapon.

It kinda makes sense since the LEO cannot tell if you have a permit or if you are possibly a felon. Since we do not have open carry laws like KY and VT, it is still easy enough to obtain the permit (albeit a little expensive and time consuming) and prove that you are not barred from carrying because of criminal or mental issues.
"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty or safety." ...Benjamin Franklin
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Re: Not having carry permit on your person

Postby johnharris » Fri Jul 10, 2009 4:23 pm

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Re: Not having carry permit on your person

Postby JayC » Fri Jul 10, 2009 7:22 pm

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Re: Not having carry permit on your person

Postby ProguninTN » Sat Jul 11, 2009 5:31 pm

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Re: Not having carry permit on your person

Postby SomeGuy » Wed Jul 15, 2009 6:58 am

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Re: Not having carry permit on your person

Postby johnharris » Wed Jul 15, 2009 2:43 pm

The solution is "Tennessee Carry" - we can be the first.

What would "Tennessee Carry" be?

Perhaps a constitutional amendment and the deletion of most of the existing gun laws along this format:

1. Amended Constitutional clause: That the people have a right to keep, bear and wear firearms and other weapons suitable for military and/or personal defense which fundamental right shall not be infringed by any branch of government.

2. Statutory law - repeal all firearms restrictions. Now, for discussion, let's start perhaps with the following:

a. It shall be an enhancement factor of one degree for an individual to employ a firearm in the commission of a violent crime. It shall be an enhancement factor of two degrees for an individual, having 2 or more prior felony convictions for a violent crime involving the use of a firearm, to employ a firearm in the commission of a violent crime.

b. Private property owners may post property that they own or manage as prohibiting firearms possession by anyone other than a law enforcement officer acting on duty and in the official discharge of his or her duties. A violation of said prohibition shall be deemed criminal trespass if the individual knew or had reason to know of the existence of said posting.

c. Public property shall not be posted to prohibit firearms use, ownership or possession other than by legislative enactment of the General Assembly.

d. Firearms may not be possessed within courtrooms during judicial proceedings except by individuals who are employed as courtroom security and/or judges for that courtroom.
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Re: Not having carry permit on your person

Postby C. Richard Archie » Wed Jul 15, 2009 3:33 pm

Let us find a Legislator to write it up!

Seems like that wording would cut down on a lot of discussion, and be Constitutional at the same time!
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