Disclosure?

[Grayfox]

Ok, call it a senior moment, brain fart or whatever, but for some reason I can't seem to remember.

If approuched by an LEO (traffic stop or whatever) does Tennessee law require you to inform the officer that you have a Handgun Permit and that you are armed?

I'm thinking the answer is no, but I want to be sure.

[MitchSchaft]

The answer is no. You only have to tell them if they ask. I'd quote the statute but I'm too tired and need to go to bed.

[GGUNSHOP]

No you dont, but its a good idea to tell them. Its a better idea to have the permit available and show it to them with your DL.

At least thats what we teach in our classes.

[johnharris]

Here is the only statutory provision that I believe even remotely touches the topic.

TCA 39-17-1351(t)

(t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual(s). The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual(s) provided that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder.

[Grayfox]

Thanks.

[marauder]

i've always been told that you have to inform them.

[johnharris]

[marauder]

[MitchSchaft]

[johnharris]

The general rule in statutory construction is that if its not expressly in the statute - it is not required.

On the topic of voluntary disclosure, I do not approach it that way. I never made a practice of telling police officers that I have a pocket knife, that I had a hunting rifle in the trunk, that I have anything else that might be a weapon. Police officers evaluate the circumstances to see if they are in jeopardy. From that perspective, you are advised to remain calm, cooperative and at ease - as much as possible. Police officer will know you are a permit holder when they run your driver's license. If they ask to see your permit, you are required to produce it. If you are ordered to surrender the weapon, you are required to do so - unless doing so would be "evidence" that you had committed a crime (for example - possession in a restaurant) and in that instance there is a constitutional protection against self-incrimination.

[stovepipe]

As I understand it, you're not required to inform the officer, but your permit information is on "the" computer, with your drivers license information. If the he runs your drivers license number he'll see you are flagged as a permit holder... To inform officer the ahead of time may keep the situation less tense.

Stove

[f5fstop]

I was pulled over yesterday by a State Trooper; when asked for my Driver's license, registration and insurance, I also handed him my HCP. He stated, "Since you handed me your HCP I can assume you have a handgun with you." Which I replied, "yes I do." He thanked me, and then asked me if I knew why he pulled me over. Since he had been behind me for about three miles, I had no idea. I had forgotten to put the new stickers on my plate. (Long story as to why, but short story was it was parked for two weeks, and the car needed some exercising, and it was sunny and dry.)
He went back to his car, ran a check, came back and gave me the permit, license, registration and insurance certificate. Told me to pull off at the next service station or parking lot, and put the stickers on the car, and again, thanked me for telling him I had a handgun. He then asked what type, I told him, and he said have a nice day, and be careful pulling out from the shoulder.
Very polite, very professional, and most important...no ticket.

[MCFooter]

[johnharris]

[f5fstop]

I have to ask what are you supposed to say if an officer walks over and asks if you have a gun on you? Say No? Ask him if he has probably cause? Tell him he can only find out if he arrests you? Just curious.

I guess if he was in plain clothes having dinner, then I would ask if he was carrying, and if he arrested me, I would press charges against him, since TN code does not allow a police officer to carry in a bar/restaurant unless on official business.

[johnharris]