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Old 12-13-2013, 10:37   #1
rhino673
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I work with a convicted felon....

and I have a TN concealed carry license. He is convinced that me carrying a gun in his vicinity puts him in violation of the law. Sounds like BS to me but I can't find any legal info to either confirm or disprove what he is saying. Anybody have any answers??
Thanks
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Old 12-13-2013, 10:39   #2
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Not unless you leave it laying around.

So, why did you tell a convicted felon that you are carrying a gun?
You should tell no one.........
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Old 12-13-2013, 10:52   #3
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Quote:
Originally Posted by DustyJacket View Post
Not unless you leave it laying around.

So, why did you tell a convicted felon that you are carrying a gun?
You should tell no one.........
It's always on my hip.
He is a longtime friend and has known for years that I carry. Just recently he has gotten it in his head that he is in danger of violation because he is around me and my firearm.
Like I said , it seems like baloney to me. If it were true then a felon would be in violation every time he goes in to the public.
I just can't find anything in the code to prove or disprove it.
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Old 12-13-2013, 12:01   #4
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He is full of ****, as long as he is not in possession of the firearm, he is fine.
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Old 12-13-2013, 12:02   #5
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Originally Posted by DustyJacket View Post
Not unless you leave it laying around.

So, why did you tell a convicted felon that you are carrying a gun?
You should tell no one.........
end of thread and talk to him no more about it

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Old 12-13-2013, 12:12   #6
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Just don't let him handle your 'piece' and you'll be o.k.
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Old 12-13-2013, 14:12   #7
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Get an ATF response and show him the letter. Any ATF office should do fine.

As long as it's in YOUR physical possession, or locked out of reach, there is no violation.

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Old 12-13-2013, 15:20   #8
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Originally Posted by rhino673 View Post
and I have a TN concealed carry license. He is convinced that me carrying a gun in his vicinity puts him in violation of the law. Sounds like BS to me but I can't find any legal info to either confirm or disprove what he is saying. Anybody have any answers??
Thanks
He should turn himself in. Then when they throw him back out of the police station onto the sidewalk, he'll believe you.
From TN Law: "Possession" may be actual or constructive. A person who knowingly has direct physical control over an object at a given time is then in actual possession of it. A person who, although not in actual possession, knowingly has both the power and intention at any given time to exercise dominion and control over an object is then in constructive possession of it.
He is only in violation of the law if he has the power and intention to take the gun from you and exercise dominion and control. So tell him not to have those intentions.
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Old 12-13-2013, 15:57   #9
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Originally Posted by Cashgap View Post
He should turn himself in. Then when they throw him back out of the police station onto the sidewalk, he'll believe you.
From TN Law: "Possession" may be actual or constructive. A person who knowingly has direct physical control over an object at a given time is then in actual possession of it. A person who, although not in actual possession, knowingly has both the power and intention at any given time to exercise dominion and control over an object is then in constructive possession of it.
He is only in violation of the law if he has the power and intention to take the gun from you and exercise dominion and control. So tell him not to have those intentions.
In order for the felon to be near the cc'd firearm, he must purge thoughts of DOMINION from his mind. Then, and only then will it be legal for him to be near this firearm.
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Originally Posted by GTFor died instantly because his lungs froze from breathing in Arctic air.
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Old 12-13-2013, 16:05   #10
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id be a lot more worried about him taking something else than your gun... butt virginity....sorry had to do it
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Old 12-13-2013, 16:26   #11
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So we have a felon who THINKS they know the law... but doesn't.

Well, that projects a bright future.
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Old 12-13-2013, 16:50   #12
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So what? If he believes that then he should quit. It sure wouldn't concern me, nor would I waste a second worrying about convincing HIM of anything. If I thought there was any chance at all it really was a violation and put him in jail where he belongs I'd call his parole officer myself.
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Old 12-14-2013, 06:35   #13
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what concerns me most is that he knows you carry concealed. you should have taken the concept of concealed carry, a bit more seriously. he should not have been trusted with this information.
him being a felon, he has proven he has poor judgment, watch him closely.
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Old 12-14-2013, 06:47   #14
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Concealed carry would have prevented this.
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Old 12-14-2013, 08:28   #15
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So what? If he believes that then he should quit.
I wonder that if things go badly the felon could complain to HR and get the OP fired for hostile work environment or some crap.
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Old 12-14-2013, 09:11   #16
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I wonder that if things go badly the felon could complain to HR and get the OP fired for hostile work environment or some crap.
I'd have already complained they are hiring and now I have to work with a convicted felon.

If I had to guess, since the OP says he's been friends with the felon for years that he put his own self in this situation.
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Old 12-14-2013, 09:48   #17
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He is full of ****, as long as he is not in possession of the firearm, he is fine.
Right answer.
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Old 12-14-2013, 09:52   #18
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Get an ATF response and show him the letter. Any ATF office should do fine.

As long as it's in YOUR physical possession, or locked out of reach, there is no violation.

Deaf
The OP shouldn't have to prove anything, not his problem…
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Old 12-14-2013, 10:00   #19
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^x2. It's not your problem. Why worry about it?
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Old 12-14-2013, 11:08   #20
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He has a probation/parole officer tell him to talk to them about his concerns, you are not responsible for his bad decisions.
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Old 12-14-2013, 11:12   #21
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He's the one not allowed to associate with felons, not you.
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Old 12-14-2013, 12:12   #22
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Geeeshh.......he's jealous he can't own/carry one. You piss him off just going around him....sounds like fun to me!



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Old 12-14-2013, 12:21   #23
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what concerns me most is that he knows you carry concealed. you should have taken the concept of concealed carry, a bit more seriously. he should not have been trusted with this information.
him being a felon, he has proven he has poor judgment, watch him closely.
This is the best response.

A guy that paints for me is a felon (too many DUI) and a blabbermouth. What I have in my pocket is none of his business and never will be. When the conversation turns to firearms... I change the subject. He thinks I am deathly afraid of the things and am an "anti".

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Old 12-14-2013, 12:44   #24
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Concealed carry would have prevented this.
So true!!!!
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Old 12-17-2013, 05:16   #25
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If you give it to him or leave it where he can get to it, or if you decide he is your trailer bro and you "run" with him, it can constitute constructive possession. In the situation you describe, this is not a concern. A permittee's gun isn't a secret missile silo. It shouldn't be advertised, nor should it be treated as a secret straight from the cellar under Hogwart's. I would certainly not consider a felon knowing I had a weapon on my hip to be a bad thing.
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and I have a TN concealed carry license. He is convinced that me carrying a gun in his vicinity puts him in violation of the law. Sounds like BS to me but I can't find any legal info to either confirm or disprove what he is saying. Anybody have any answers??
Thanks
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