Open Carry Across TN

[tiltrotormech]

I'm new to the forum but I've been carrying for about 9 years and I thought that would tell you about an incident that happened to me about two years ago to get you guys opinion. I figured that this would be quicker than trying to call someone a second time at the Dept of Safety.

I was traveling with my wife and two kids from Nashville to Jacksonville, NC. I'm in the military and stationed in NC. (Thank God for reciprocity agreements.) It was late fall and I was carrying my Glock in a small of the back holster. I had a jacket on but I had taken it off during the drive because the heater was on in the car. We stopped to get gas just east of Knoxville. After filling up I moved the car to the side of the gas station I got out to help change my kids diaper in the back seat. I didn't bother to put my jacket back on because I was only going to be out for a few minutes. All of the sudden I heard someone yelling "Hey...hey" from across the parking lot. I turned around and he was motioning to the small of his back and pointing to me. I waved back and said "Yeah, I know. I have a permit to carry it." He came a little closer and told me that he had one too and that the sheriff of that county would run me in if he saw that. I told him that I didn't believe that because the permit was issued by the state and there were no signs at the gas station. He said that it didn't matter each county sheriff can make it's own rules for carrying open. I left the gas station and called the Dept of Safety the next day. The lady I spoke to said that the guy was right. Each sheriff could basically make his own rules. Does anyone know if this is true? It sounds like it is in complete contradiction to what I have seen posted online.

 

[PascalFleischman]

Complete crap.....it doesn't mean that a cop won't hassle you, but no one deputy has any authority to go above and beyond state statute. Open carry AWAY (if you're so inclined...I'm not). I've actually had a guy hassle me for trying to buy beer while I semi-open carried. I was at a wedding rehearsal, wearing a jacket all night. It was hot, so I took it off for the drive home. Stopped at the Tiger Market on the way home, & it was an off-duty deputy that gave me crap. "What are you doing carrying a gun while you buy beer??!?!?!?!?!" I told him "Because I can, I haven't been drinking, and I'm locking it up when I do commence to drinking." Finished my transaction and left.

 

[PascalFleischman]

By the way, Welcome to the site, Staff Sgt!

 

[tiltrotormech]

By the way, Welcome to the site, Staff Sgt!

Thanks, I used to visit packing.org before it shut down and I just found this site a few days ago.

I thought that was a load of BULL but when the lady at the Dept of Safety said the he was right I started to second guess myself. I usually carry in Nashville and have carried semi-open like you said a few times with no one even giving me a second glance. I don't like to because I don't want to advertise the fact that I am carrying. I just wanted to get someone else's opinion.

 

[Fallguy]

Total bull!!!

Also wouldn't be the first time someone called the DOS and got a wrong answer.

Now according to the AG a property owner can dictate mode of carry as far as OC or CC. (See AG Opinion Link Removed)

Also TN has a pre-emption law. Link Removed that prevents local governments from making any laws when it comes to transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof.

If you call back to DOS you may want to ask or inform them about 39-17-1314

 

[Fallguy]

While I don't have time to look it up now, this could have come from an incident where a Knoxville PD officer detained someone at Wal-Mart just because they were carrying openly. The officer mistakenly thought it was against the law (one reason he gave was because it was against the law in OH where he is from...it's not against the law there either)

From that the KPD chief said all officers would get remedial training on the HCP laws in TN.

Now I know you were speaking of Shefiff...but who knows...to some all LEOs look alike. :bigsmile:

 

[tiltrotormech]

While I don't have time to look it up now, this could have come from an incident where a Knoxville PD officer detained someone at Wal-Mart just because they were carrying openly...

Thanks for the info. That might have been where he got his information. I travel a lot and I always carry a copy of the reciprocity agreement for the state I am going to, either in my car or my luggage. I surprises me how many LEO's are not familiar with the laws.

 

[DrDavidM]

As was said this is not true. Unfortunately, I don't think you can get a accurate answer by calling the department of safety. I have not and I tried writing a letter about 8 months ago and I'm still waiting for a reply.

 

[Yaderp]

Informing local LEOs if you are carrying

I was told by a certified firearms instructor that it is the law that if you are stopped for a traffic violation or have other reasons for coming in contact with a LEO that you "must" tell them you are carrying. Not true?

 

[tattedupboy]

Complete crap. Tennessee's permit is a carry permit, not a concealed carry permit, and thus, it allows the permittee to carry however they wish. Sheriffs of each county can't make up their own rules. Also, while it is generally a good idea to inform LEOs if you're carrying if they're about to search you, Tennessee has no statutory requirement for permittees to do so.

 

[Fallguy]

You must show your permit if requested by a LEO. But as has been said you don't have to volunteer that you are armed or show your permit.

 

[PascalFleischman]

You must show your permit if requested by a LEO. But as has been said you don't have to volunteer that you are armed or show your permit.

Correct.


TATTEDUP: Do you live in TN? Every time a TN issue pops up, you and I are usually the only responders, with Dr. David's intermittent "droughts"

 

[Glockster20]

Hey tilt! Are you the guy that called me a couple of nights ago about the Taurus 9mm I had for sale?? The guy that called me was in NC and stated he worked for the USMC.

 

[tattedupboy]

Correct.


TATTEDUP: Do you live in TN? Every time a TN issue pops up, you and I are usually the only responders, with Dr. David's intermittent "droughts"

No. I live in Indiana. However, from my days at Packing.org, I am well-versed in the laws of the various states pertaining to open carry, registration, an duty to notify LEOs, among other things. Does that offend you, with me not living there?

 

[ricbak]

Off Topic alittle

...Does that offend you, with me not living there?

No, Actually, I was impressed. I have trouble keeping up with Mich let alone multiple other states.

 

[PascalFleischman]

No. I live in Indiana. However, from my days at Packing.org, I am well-versed in the laws of the various states pertaining to open carry, registration, an duty to notify LEOs, among other things. Does that offend you, with me not living there?

Nope...just got curious and axed.

 

[tattedupboy]

Tennessee is similar to Indiana in that the permit is a carry permit, and not a concealed carry permit. We Hoosiers have it better, however, in that we have the option of paying $40 for a four permit or $125 for a lifetime permit; care to guess which one I have? Furthermore, here in the Hoosier State, the only training is that which we provide for ourselves; no government mandated training here!