Subject: May a police officer stop an individual who is carrying a handgun in Tennessee?
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August 16, 2021
MAY A POLICE OFFICER STOP AN INDIVIDUAL WHO IS CARRYING A HANDGUN IN TENNESSEE?
Tennessee now has the potential for millions of adults to carry a
handgun in Tennessee with or without a permit. That environment gives
rise to a significant question in Tennessee which is – if a law
enforcement officer sees an individual carrying a handgun in public is
that sufficient to allow the officer to make an investigatory stop of
the individual? The answer to this question requires a careful
consideration of Tennessee law.
The first step in the analysis
likely requires that we determine what the elements of a crime of
carrying a firearm are under Tennessee law and then look at what the
defenses or exceptions to the crime may be. Why? The state is
responsible for proving the elements of a crime and that is all that it
must prove. The individual is at least initially responsible for
proving that his or her conduct falls within one of the defenses or
exceptions. The primary consideration for whether the officer has the
right to stop the individual likely turns only on the issue of what are
the elements of the crime – not on the existence of possible defenses or
exceptions.
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fight to restore our constitutional rights and to fight against politicians who
are willing to sell their votes and your rights to whichever business interest
gives them the most money!
