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Old January 28, 2010, 03:01 PM   #1
kwikrnu
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Join Date: November 8, 2007
Posts: 37
open carry black powder pistol detention legal or not ?

Last Saturday 1-23-10 at around 5:15 pm I was detained for walking and carrying a navy percussion black powder pistol openly in my hand. It was a pietta 1851 navy .44 cal. The city was Belle Meade Tennessee. It is the exception to the city ordinance to carry an army or navy pistol openly in the hand. I was wearing reflective clothing as required by law. I was detained 15 minutes and let go. During the detention the cop searched the inside of my pockets. He also ran the serial # on the handgun to see if it was stolen. I think interior search of pockets and seizure of property are both illegal under Terry v Ohio.

I filed a public information request to get the in car video and audio. I filed a complaint against the three officers with the police department.

TCA 39-17-1314 allows cities to regulate firearms if their ordinances were in effect before April 8, 1986. The Belle Meade ordinance has been in effect for over 100 years.

Title 11 Chapter 6 part 602 is the ordinance which governs handgun carry in Belle Meade. Specifically states that the carry of pistols and revolvers is illegal "except the army or navy pistol which shall be carried openly in the hand."
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