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Everything posted by wjh2657
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TCA 39-11-611 does not make anybody a "king" of any "castle". All the law did is say that if somebody forcibly breaks into your dwelling while you are in it, you are presumed to reason that the offender means to kill or severely harm you. You don't have to see a weapon, hear any threats, or any other signs. The forcible break-in is proof enough of deadly intent on the part of the offender. Without a forcible break-in (you freely admitted them in) you are in exactly the same situation as being in an altercation on the street. Now if it isn't an altercation, but a one-sided attack by the offender, SD prevails. But it will prevail in exactly the same manner and conditions as if you weren't in your home. You are in a place you have a right to be and everything goes on from there. It does not make your home a free-fire zone in any way whatsoever.
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In Tennessee law, if you either side in an altercation uses deadly force, both parties have lost right to SD rule, if both have continued in altercation to that point. If either party breaks off argument and tries to withdraw, and is pursued, then SD possibly kicks back in. In actual court cases, the party left standing in an altercation that has led to a death, survivor will be usually be convicted of second degree homicide, with possible mitigating circumstances. Bottom line: you did let them in! Either way the survivor will probably be convicted of felony murder, with loss of HCP and some hard time involved. Most juries look at it as you invited the fight by letting party in. If you do win the criminal case you sure as heck won't win the civil case and the Castle Doctrine immunity from tort most likely will not be in place. Short version: If you feel you are in confrontation mode with somebody, don't let them in the house!
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We can't even fully equip and support the troops we already have on the battlefield (Iraq and Afghanistan) I don't really believe we could switch gears and put any kind of a substantial force into Korea. Our resources have been drawn off into the desert to the point that we may very well be incapable of putting up a good fight in Korea even with conventional forces. We cannot withdraw safely from the Middle East, so discount those forces. Forces that have come back are drawn out and ill equipped and should not be redeployed piecemeal into Korea. What forces are left are already scheduled into Afghanistan in the next two years and have trained for that style of fighting, not mass conventional war. It is no mistake that North Korea is getting froggy at this time, they can read the situation and now is the time to get scary.
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I think that we need to be careful about that "forcibly enters" part. If you left your door open and the screen/storm door unlocked, you may be in a real legal tangle as to whether the intruder actually "broke in." What you say right after they entered may have a lot of bearing as to whether they were an intruder or a "guest" , at least in the eyes of a jury. If you carry on a conversation and then decide to tell them to leave, you are no longer under the castle doctrine and have entered into the self defense doctrine. Castle doctrine only covers a break-in or unannounced and unwanted entry. I keep strong tempered glass storm doors with double locks on my doors year around and they stay locked. I will speak through the door and it will not be unlocked until I am safe with the individual entering. Yet I see many homes (most in fact) including very expensive homes (prime targets) without storm doors. Gun is for when physical defenses (perimeter defenses) have failed.
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What is Tenn. law on this scenario?
wjh2657 replied to andersmg's topic in Handgun Carry and Self Defense
If you don't want to get bit by mean dogs, stay out of junkyards! Sorry couldn't help that, avoidance is the best of all defenses! If you can't avoid it because you live there, it is time to move. If you live in a community that has this type of environment to a great degree, realistically the jury is going to include some of the young guys' friends or kin. You are screwed. I really feel that a firarm is not a very viable defense against juveniles and young people who are out to just be mean and are unarmed. Jury is most likely going to be swayed to be on their side. I deliberately avoid crowds of young males. It is not that I am afraid. I am old and I didn't get old by being stupid! BTW being afraid doesn't mean you turned your manhood in. It means the body is signalling to your brain that you are in deep KimChee and need to find a way out. Fear kept me alive in Viet Nam for 6 years and I didn't always flee the scene, but fear is good. People who weren't afraid, died. -
I own 5 Mossbergs with wood stocks for hunting, but my HD gun is a double slide Maverick 88 with composite stock. The only modifications are a high viz bead and a Save-a-Limb recoil pad. It's in the Home Back Up rack shown earlier in this thread. No extended tube, my own feeling is that if you need more than 5 Buckshot shells that fast, you should have gone out the door! I carry 15 Buck and 10 Slug reloads on a bandolier and I do practice tactical reloading a lot. Rig is simple, rugged and relatively maintenance free.
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Following happened to me: Straight arrow, retired Master Gunnery Sergeant USMC, retired High Shool teacher State of Tennessee, never been in trouble with police in 66 years. After moving into new town 12 years ago, I tried to buy a .410 shotgun and store sent out check (without SSAN, I was nasty about it!) DOS came back with a denial, stating I was convicted felon and on parole! I drill as State Guard member at Foster Avenue in a building directly behind Dept of Safety so I went down personally to find out WTH happened. I have a man living in town (a little town of 5,000!) that has exactly the same name as mine. He is a convicted felon and was out on parole (second time!). Address was different so I asked why that didn't sort it out. Since people change addresses often, and DOS does literally thousands of these things daily, the operator usually stops at name and doesn't always check address. I figured that everything was solved and went back to store to buy .410. Denied again! Exasperated I added SSAN and resent check. APPROVED! If the computer recieves SSAN it evidently uses that as primary search code. Other guy had different SSAN, so bingo I got it! Not everybody is going to have the same type of situation, but I have learned I have to use some other search word than my name on any kind of background check. Apparantly the other guy does not have a listed telephone as I have since received nasty calls from Parole Officers and a visit from bail bond enforcers (luckily they realized something was wrong when they say my USMC Retired sticker on the back door, or I would have had a broken door.) I also get calls from strange ladies in the night asking me to come the bar and take them home!) Wife does not appreciate this "benefit"! Names, especially if not matched to the right addresses can be a nightmare! Second Amendment doesn't say any store has to sell you a gun, it just says that the Congress of the US can't pass any laws keeping you from having a gun. Anybody can refuse to sell you the gun, even if it is just because they don't like your momma!
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The Wall is special because it is a memorial not a monument. The Wall is special because it isn't a mythical statue glorifying war, it is just the names of those who died in a war. The Wall is special because the only thing that is really ours and ours alone is our name. All of the names are here, Generals alongside Privates. The Wall is special because those who were left behind all come here, sharing the same loss, sharing the same grief. The Wall is special when you see a woman with gray hair place her grandchild's hand on a name and tell him, "That was your grandfather, he never did get to see you." The Wall is special when you see a middle-aged old maid lovingly trace a name with her fingers. Her heart floods with the memories of a dashing young man in a new uniform who was supposed to come back filled with glory. He promised to fulfill all of her young girl's dreams of a family and home that she has never had. The Wall is special when an old man gazes into its mirrored surface. He sees the faces and hears the voices that only he can see and hear. The voices ask "Hey buddy, were you there?" The old man flattens against the wall, stretching his arms and tries to touch all of the names. He sobs back " I was there!" Those with their names on the wall did not come home to parades filled with honor and glory. Those with their names on the wall learned the one and only real truth of war. They didn't come home.
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Love your thought for the day. My dad always taught me that it wasn't a fair fight if you didn't pick it. It is just a fight and fight it to win.
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Another strong recommendation for Taken. Hero really understands the meaning of "mission oriented!"
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I bank in a small town. The head teller is my neighbor on one side and one of the managers is my neighbor on the other side. They hear me firing in my garage range (.22) daily and they both know I carry EDC. I'm sure they know I am armed when I come into bank and neither has ever said a word about it. Of course about a third of the adults in my county have HCPs! Waiting on resturaunt bill to start eating in Chilis and Applebys again!
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Being a retired Marine, I am used to the “system” approach to any equipment I or others may have to operate. Simply stated, the training equipment should be as close to the real equipment as possible. Also, if multiple platforms are needed for delivery, they should be designed to be as close to the same as possible for ease and familiarity of operation. When I decided to carry concealed I found that I did indeed need two platforms to match my attire. I needed in the pocket carry with a lightweight weapon for hot weather and belt carry OWB for colder weather, utilizing a somewhat more powerful delivery system to overcome the possibility of the target wearing multiple layers of clothing also. I decided on the S&W Centennial J-Frame as the basis of my system. For carry, I deploy a 640 (.357 Magnum in SS) for colder weather and a 642 (.38 Spcl +P) in the warmer weather. I actually carry .38 Spcl +P in the 640 and .38 Spcl SP in the 642. In case of extreme circumstances the .357 Magnum in the 640 would be a viable option for upgrade of response. My training system includes a S&W 317 in .22 CB for frequent shooting in my indoor garage range (bullet Trap and backdrop) and in .22LR outside in woods. I utilize a Blackhawk demonstrator (plastic copy) S&W Centennial as a trainer in practicing weapon retention with my #2 son who is a martial artist. I also use the trainer to practice draws from different attire and positions. Every two weeks I fire the seasonal carry weapon at indoor range with practice ammo that has characteristics matched to my carry ammo. Thus my delivery system and training systems are in synch and allow for a full spectrum of training. Just off the top of my head, I believe that the 1911 and Glock systems would lend well to this approach. Others probably would too, but I know for sure that those two have .22LR adapters and plastic trainer guns made for them.
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Pic below of the 10/22. I picked the TAPCO stock because it has 6 different stock lengths. That will let me fit from the youngest child to the biggest adult. It also makes a neat "camp gun." I don't intend to use High capacity magazines as the stock magazines are more reliable. Also, kids probably don't need more than 10 shots in their hands!
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Grandkids all live in cities (Knoxville and St Louis) so sons bring the kids to Grandpa's house in the country to learn their shooting. I have a Cowboy setup with Henry 100Y lever gun and a Ruger Bearcat along with a shotgun set up with 2 H&R Pardner .410s and miniature clays. Now we have the tactical setup too!
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Grandsons wanted to shoot some of that “SWAT stuff†(Tactical ) this summer so grandpa did some building. “Sniper Rifle†is a Savage MK II F with a Center Point 3X9 MILDOT illuminated Red/Green reticule scope, Shooter’s Ridge bipod and a tactical sling. “Black Gun†is a Ruger 10/22 SS in a TAPCO T6 stock, TAPCO tactical sling, Bushnell Trophy Red Dot sight and a Glock GTL10 tactical light. I have some of the metal spinner with reset targets so no time resetting targets. Sounds like fun doesn’t it? GOD loves us, that is why HE gave us the .22!
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The AK is too good of a gun to be dressed up like a whore!
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"as you know, according to the current administration, those who hold any political views that don't toe the Democratic line are considered extremists and subject to scrutiny and can be detained by law enforcement. " It seems to have escaped you that the bill was introduced by a Republican . This is in fact completely in line with the Patriot Acts and the laws they spawned to totally remove rights from anybody the Government suspected of terrorism. No ground rules were laid as to what a terrorist is or was. I am not a Democrat or Republican, and don't feel I have to belong to either party to be a citizen. When you surrender your rights to security, you lay open the ability of the government to disarm you as well as any suspected terrorists ( maybe people going to the wrong church or the wrong ancestory?) Defend the Constitutional rights of everyone and let the chips fall where they may or surrender to big brother.
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Harrington and Richardson (H&R), Iver Johnson, and Merwin Hulbert were all making quality top break pocket pistols in .32 S&W and .38 S&W during this period (1880-1890.) It is not generally known but Merwin Hulbert made a .38 S&W model with a 3.5" barrel that was the police standard during this period, setting the stage for the later arrival of the Smith and Wesson .38 Military and Police Revolver (later Model 10.) It is also a well hidden fact that Colt actually produced more units of its .31 and .36 caliber pocket pistols than it did Single Action Armys. Top Break pocket pistols were available in almost any Hardware or General Store in the 1880s. As far as carrying one in an apron, my Grandfather carried a nickeled H&R .32 S&W in his slack's pocket, (he was a Justice of the Peace and authorized carry at that time,) anytime he was away from the house.
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Yup. It is my carry around the yard and on country walks gun. The engraving is standard, comes that way from the factory. Engraving is a bear and a bobcat. It is also the grandkids favorite when they come to visit. I really think the Bearcat was one of Bill Ruger's greatest works. Wild Turkey Special Reserve in the glass. I don't drink much and I don't drink often, but I do drink good stuff!
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I am posting the pic below to remind folks that the Ruger Bearcat is not a "toy" copy of the Colt SAA. I have been remanded (not on this forum) by friends that they can't figure out why I bought a "Kid's" Single Action. The Bearcat is a full sized gun based on the very popular Remington Pocket Revolvers of the 1860s and 1870s. This gun was as popular in the East as the Colt SAA was in the west. The smaller size better fit the dress of the Eastern Gentleman and the Mississippi River "Sporting Man." As its Ruger descendent still does today. So I have posed it in its "Grandpappy's" element.
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Another reason I'm a Libertarian. I don't want to live in either place, I'll stay out in the desert!
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1. Treaty has to be ratified by Congress. Obama can't do it alone. 2. If treaty is like the others proposed over the preceding years it will deal with relationship outside of U.S., will not have effect inside U.S. and cannot over-ride U.S. Constitution inside U.S. 3. Will pertain to military arsenal moving between countries more than our guns. People need to look at what these documents actually work with before they go off deep end start to panic. AWB is on hold because congressional Reps went to Speaker and let her know they wouldn't vote for it. Made bill mute point. there are currently 63 Democrats in House who are openly pro-gun. Harry Reid is from Nevada, which is very pro-gun so Senate isn't a real rap up for Antis either. There are Radical Anti's (Feinstein and ilk) running their mouths but the Democratic majority House is still predominately pro-gun. We have to stay vigilant but this is not the time for panic .
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I spent three years (1963-1966) in SE Asia with MACV. I was trained to zero my Winchester 70 in 30-06 (Remington 700 in .308 didn't become available until 1966) at 200 yards. I think the actual mathematical zero was supposed to be 196 yards, 200 was close enough! This kept the bullet in the 4" kill zone for COM shot from the muzzle to 225 yards. For 99% of our shots , all we had to worry about was windage! Since there wan't normally that much wind, we could actually make most of our shots without touching the drums! I still do this with my Mossberg ATR in 30-06 for deer.
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I bought a Walter P22 some time ago. Even after 500 rounds it was still very ammo picky. I couldn't use the standard velocity stuff in it. As I shoot in my garage into a bullet trap, that doesn't get it (wear on trap). Traded it off for a Ruger MK II and haven't regretted it. MK II feeds Federal and Winchester bulk pack (Wally World) with monotonous regularity. The Ruger is rugged and hard to beat for a .22 LR "fun gun". I haven't had any problems with assembly/disassembly, but I was trained as an armorer in the service so I expect to be careful when doing this.
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Oh boy, they made some neat little guns in the 1880s. The Ruger Bearcat is based on the little 1856 Remington Police Pocket .31 and .36 caliber, which was a very sturdy pocket pistol. Remington also made the famous Double Derringer at this time. Smith and Wesson started with small .22s which were in that size range. There were many different companies making neat little topbreak Revolvers in .32 caliber, most of them nickeled. This was actually the era of the little revolver and derringers. They weren't "Dick (Detective) specials" ,they were "Gambler's Specials" Some were engraved in Gold fill and had real pearl handles. They were pretty. This the source of Patton's famous remark , "Only a New Orleans Pimp carries a pearl handled gun." Every "professional" lady had at least one derringer or revolver on her. I'm sure many other decent women also carried the little guns in their purses. Back East the little guns actually took the lion's share of the gun market.