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While legally carrying a firearm, could you deny an officer from removing your weapon from your person.

Cleveland, TN |

Let's say your stopped while walking in an area you are legally allowed to carry your firearm. A police officer stops you and he has no suspicion of you being involved in any type of crime. But the officer asks you to allow him to remove your weapon. If no crime has been committed is it within your rights to deny his request? I personally do not like removing my firearm in public unless the situation was present and was my last and only option to defend myself.

Attorney Answers 2

Posted

Based on how you have the questionn worded, I would say no, they can't disarm. State law says that only if they believe that you are a danger to yourself, others, or the cops can they disarm you. However, practicly, I would not suggest you refuse the cop. You may have a law suit if they do so without probable cause.

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.

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Posted

As pointed out you might be within your rights to refuse but if you did you would likely be in for rough treatment and a legal battle afterwards. Think of this from the officers perspective, he does not know you or your mental state, he wants to go home at the end of his shift, and he is likely asking only for his safety. Likely of all is legal with the gun and your permit, and if you have done nothing else, he will just return your weapon after your encounter.

This answer does not constitute legal advice nor form an attorney client relationship. I am not your lawyer. If you have a legal issue in Tennessee you may contact me for a free consult.

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