Attention, All Police Officers Intimidated by My Mom

      I received the following question again today and have answered it so many times I chose to respond in an article.

     “Jamie, I have a question. I have researched on the state website and I am unable to find an answer. If you are a handgun permit holder and are stopped by the police for a traffic violation and you give them your permit with your driver’s license, are they required to then check and clear your weapon? Your help on this would be appreciated. Thanks.”

     Absolutely not!  There's no requirement in Tennessee state law that you even hand them your permit or inform them you have a gun in the car*.  During the original debate, state legislators debated that since permit holders underwent the same vetting (fingerprinting and FBI background check) as TN police officers, it really wasn't any business of police officers during routine traffic stops. It is “suggested” that you hand over your permit with your license. A police officer may take possession of your gun "in the course of lawful, law enforcement activities". There is definitely no requirement to do so, and for a loaded gun to unnecessarily change hands presents a genuine safety concern and a potential hazard. This would assume every police officer is a firearms expert and can safely handle and unload a loaded firearm which he has never received instruction for, or read a manual on. I have had enough LEO's bring their guns to my house asking to be shown how to field strip them to know that there are very few small arms experts wearing blue these days. But, we all know that 95% of all police officers seek additional firearms training above and beyond what’s required to keep their jobs, and they compete in things like PPC, IDPA and IPSC, right?  Wrong, only 5% do these things and 95% don’t. There’s a good chance that the cop that’s handling your gun has only handled his twice in the last year.

     I had a friend and fellow instructor from Washington State who told of being pulled over by a (un-named city) police officer for speeding. He presented his permit (which was required by state law) and the officer had him un-holster his gun and hand it over. He did so, against his better judgment, and the officer placed it on the hood of his squad car and re-approached my friend.  Just as soon as the officer reached the window, a street thug jumped from the curb, snatched my friend's loaded Sig/Sauer off of the cop car and beat feet down an alley. The officer didn't even see it happen and my friend, having witnessed it in his rearview mirror, was trying to get him to go after the punk. The officer refused, wrote him a ticket for speeding, and was going to leave the scene but my friend called 911 from his cell phone to request the presence of a supervisor and to report the theft. Even the supervisor didn't want to give my friend a receipt for his gun. To make a long story short, over several weeks and with the aid of an attorney, my friend threatened to sue and go to the local papers if the city did not replace his pistol. They did. The officer was deemed to have accepted responsibility for that firearm when he took possession of it.

     Taking possession of a permit holder's gun should only be done in certain instances. Generally, this is done if the gun is visible or un-holstered, and in close proximity to vehicle occupants or if the permit holder is the subject of a complaint and officers are conducting a preliminary investigation. Of course, if you use the gun in any way, police will take possession of it in order to conduct a thorough investigation. You should always ask for a receipt in this case. Better yet, ask for an attorney and let him get your receipt.

     I have heard many stories from people who have encountered problems during routine traffic stops because of police discrimination against permit holders. Some police believe only they should be allowed to carry a gun. Also, unfortunately, many police officers do not know the law and a thankfully small number think they are above it and/or can make it up as they go.

     A confident, competent, well trained police officer will not be the least bit intimidated by a permit holder's possession of a firearm. I urge you to ask around to see how traffic stops of permit holders are handled by our Tennessee State Troopers. I have been stopped by Troopers four times (two were holiday check points) since 1996 when TN permits began and Mary has been stopped twice. Three times we never mentioned our permits or our guns, and were never asked about them. Three times we handed our permits with our driver's licenses and each time the Troopers asked where our guns were and we told them. Upon hearing where our guns were, the Troopers politely asked us to leave them where they were and not to handle them during the stop. No quaking in their voices, watery eyes or loose bowels. They simply did their job! No big deal. After all, TWRA officers deal with armed sportsmen all the time and very rarely experience any trouble. I was stopped at a checkpoint by the KY Highway Patrol one holiday weekend while in the company truck with Armed Response magnetic signs on each door. The KY Trooper smiled and as I handed him our permits and said “Oh wow, how many guns do we have with us tonight?” He thought it was funny that I said “Three” when the only occupants were Mary and I in the front seat and my eight year old daughter in the back. He was cordial and professional and made the inconvenience of the road block as pleasant as possible.

     Frankly, an officer who doesn't trust me with my gun should not be trusted with his. Perhaps this officer should find another line of work. A librarian maybe? Oh wait, there might be permit holders that frequent the library too…. I know! Maybe they should be cops in countries that only allow "cops" to be armed. Germany was that way once. Those cops were called the Gestapo and the "SS". That should give you an idea of the character of "cops" who believe only "cops" should be armed.

      If you are a good cop, you know who the bad ones are! See that they straighten up or find a new town to victimize. They are a liability to your department. If they are too shaky to trust a permit holder with a gun, do you think they will risk life and limb to “watch your six” when a real bad guy has one? 

     There may soon come a time when police officers will have to choose sides. I hope that most will choose to side with the Constitution and the “people”, rather than the “state”.  I also hope that we can pass the “Sheriff’s Law” in Tennessee. This law re-emphasizes the autonomy and accountability of the County Sheriff. It prevents any (federal, state, or local) investigations and/or arrests being carried out in a Sheriff’s jurisdiction without his knowledge and consent. Our Sheriffs are elected officials and, constitutionally, wield more power than some bureaucrat in D.C. Tennessee’s constitution was written that way and that’s how it needs to be. 

*Denotes the laws of Tennessee. The laws may differ where you are.

Once again, thanks for reading!

Jamie