JayC
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Everything posted by JayC
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So who on here sold him the AR? :bowrofl:
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Constitutional Carry Or Non Restricted Permit Carry
JayC replied to 300winmag's topic in 2A Legislation and Politics
Giving away rights to increase the value of a unconstitutional government permission slip is the reason we're not father along in repealing these bad laws today... I'm all for incremental progress, and using the permit system as a backdoor to allowing more people to go armed more places is just fine... But, we as 2nd Amendment supports shouldn't be giving ammo to the opposition... Our current permit system is worthless, the ONLY thing it accomplishes is prevent otherwise law abiding adults from being able to protect themselves. We've come a long way in the last couple of years, you can now carry a loaded firearm in your vehicle... We should be pushing to turn the permit into nothing more than a license for those who want to carry in less free states... anything more than that results in more parasites (government workers) living off of the rest of us. -
Constitutional Carry Or Non Restricted Permit Carry
JayC replied to 300winmag's topic in 2A Legislation and Politics
I understand why we'd want to keep the permit system around, because other states don't support constitutional carry... but why on earth would we encourage more needless rules... why can;t any law abiding adult carry a firearm in the state of TN where ever they go? -
Constitutional Carry Or Non Restricted Permit Carry
JayC replied to 300winmag's topic in 2A Legislation and Politics
Gold Standard Constitutional Carry if possible, if not Open Carry like all the states (except GA) that touch this state have. We need to provide for a way for citizens to carry without having to go through the expense of getting permission from the government... -
Yes because we can trust the NRA rating system... remember at one point in time Harry Reid had an A- rating from them. There is a simple question that he needs to be ask: "In light of the Heller ruling do you think the 1994 AWB was unconstitutional" and this follow up: "Why did you think it was constitutional at the time?" ----------------- The thing you have to remember is Kasich was the tie breaking vote that allowed this legislation to pass... If he had voted against the bill it would have failed... not only was he the tie breaker, he helped whip nearly 25 other republicans into voting for the bill... He used his position in Republican leadership to force that bill through. This isn't about one bad vote, he is the sole reason the AWB violated our constitutional right for 10 years.
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I've not heard of a single case where a student was expelled from college for having a firearm in their car with a permit. Most likely 39-17-1314a prohibits the University from enforcing such a rule: It's very likely that this prohibits public universities from regulating the possession of firearms unless otherwise allowed to under state law.
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Waste of effort, no public college has done this and likely current state law prohibits them from doing so.
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I would agree, taking it to a jury is not a good plan ever... but the statements that garages by default aren't covered by castle doctrine were incorrect... Somebody did mention in this location the garage might be an open air car port, and while technically covered by Castle Doctrine, since they do have a roof, I'd be much more concerned about a self defense shooting personally compared to say a unattached enclosed garage. But, if I was in fear for my life by happening upon a criminal unlawfully in my garage at night, I wouldn't be worried about how the DA is going to see it, I'm going to protect myself because the VAST majority of the time no TN DA is going to touch such a case.
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Of course, it's only the presumption, but that seems to go a long way in TN. As for how is a garage covered under castle doctrine... Lets take a look at the law: 39-11-611c is where our 'castle doctrine' comes from in TN. Now, lets assume for discussion that none of the exceptions in 39-11-611d apply, which would not in the described scenario. While residence and dwelling seem to be pretty limited in scope they're not, lets look at how they're defined for the purposes of the self defense law. First dwelling - 39-11-611a5 - Which would seem based on the plain reading to include all buildings on your property that have a roof over it and is capable of use by people. That includes a garage. Second lets look at residence - 39-11-611a7 - This would also seem to cover any building within the curtilage of the residence... lets take a look at that definition. Curtilage - 39-11-611a3 Clearly the legislative intent if to cover all buildings in and around your home, included unattached garages. As both the definition of dwelling and residence in that part of the law clearly define. If you hear a bump in the night and walk out into your hallway, see somebody you have reason to believe is there unlawfully (with few exceptions) has the same legal protections as if: You hear a bump in the night, go outside and find somebody in your garage who you believe is there unlawfully... In both cases under the law you're assumed to have a reasonable belief of imminent death or serious bodily injury. As I read the law, and as clear by most cases of self defense in and around the home are handled here in TN. You're right, that is just an assumption, but that assumption is a very high bar for any DA considering charging you... They have to prove beyond a reasonable doubt that you knew the person in question was not a threat to you, or that you had no reason to believe they were in your home/garage unlawfully. In the example being used here, where you catch somebody breaking into your car, who in all likelihood has a criminal record, it's going to be virtually impossible to prove to a jury you didn't have a reasonable belief that person was there unlawfully. And unless there are some strange circumstances surrounding the shooting itself - like shooting the guy on the ground execution style... it's going to be next to impossible to over come the assumption of reasonable fear. That's why most DA's won't touch these cases with a 10 foot pole... Now with that said, I personally wouldn't go looking for trouble, I wouldn't go outside in the middle of the night to knowingly confront a criminal breaking into my unattached garage or car... but if you think you hear a raccoon in your garage, and go to investigate and find a thief there instead, under TN law you have the same rights to self defense as if you came face to face with the thief standing in your kitchen.
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IANAL but if you look at all of the law in TN, and case law relating to self defense, you'll find a lot of grey area when it comes to stuff like this... For the record, an enclosed garage even if it's not attached to your house likely falls under Castle Doctrine in TN, if they forcibly enter/unlawfully enter the garage, and you find them in there, you likely have 'reasonable belief of imminent death' 39-11-611c and 39-11-611a3. Even if you 'happen' upon them while they're trying to steal from you. It would be no different than you walk in on them in your home as the plain reading of TCA 39-11-611. And there are examples of this not resulting in charges, but it depends on the details and who the DA in your case is... not something I'd recommend being the test case for ;)
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Tennessee Background Check Requirements
JayC replied to Virginiagunguy's topic in 2A Legislation and Politics
TICS which is the state's background check is prohibited by law from keeping the make/model of the firearm past 48 hours. In theory this prevents it from being a registry, TICS is frankly bad, has a much higher rate of false positives to the national system and is likely unconstitutional under the states Constitution. Finger prints are required for HCP's, but the thumb print is no longer required for purchase. -
No Gun Signs Coming Down at Legislative Plaza
JayC replied to 300winmag's topic in 2A Legislation and Politics
You've always been allowed to carry on the Plaza since they passed state parks carry. It was only restricted inside the building itself. And the only person that was prohibiting carry before now was Beth Harwell, it doesn't require a law change just a letter allowing the signs to come down. The Capital building itself can be changed by a letter from the Gov, and could be implemented in days. My guess is they'll let us bypass the metal detectors, since there is no other reason if you have a valid permit to go through them. -
Insurance Company Notification (FOX NEWS)
JayC replied to steamnsteel's topic in 2A Legislation and Politics
The reason would be the wording of their state constitution... Which the legislators can't muck with easily. We'd have the same here if it wasn't for that purview to prevent crime part that was added during the occupation. -
Why Isn't Anyone Discussing NJ Draconian Gun Laws
JayC replied to CJDore's topic in 2A Legislation and Politics
Lets hope, remember he is running #2 is some polls in NH. If Rubio doesn't have a strong finish in Iowa tonight, this could open up a lane for Kasich moving forward. Which IMHO would be much worse than Christie. -
Why Isn't Anyone Discussing NJ Draconian Gun Laws
JayC replied to CJDore's topic in 2A Legislation and Politics
I'm in agreement about Christie, but I'm shocked more people aren't talk about Kasich's record on firearms... Here you have a guy who not only voted for the AWB, but whipped republican votes for it! Without Kasich the AWB would not have become law, the vote was 216-214 he whipped nearly 40 votes for the law. At least as recently as August of 2015 he's said he doesn't regret voting for the AWB?!?! Yet somehow the NRA has given him an A rating? -
Do you have to be 21 to take the HCP Class?
JayC replied to Westwindmike's topic in Handgun Carry and Self Defense
Yeah OhShoot is correct, you can take the class before your 21st birthday and apply on (or shortly after) as long as you don't wait more than 6 months from when you took the class. -
[Question] Looking into getting license question
JayC replied to phoenixrising's topic in Handgun Carry and Self Defense
The administrative separation code he received, would make it VERY unlikely that he was adjudicated 'mentally defective'. Another example of the military using this code would be if you had asthma, didn't tell the recruiter about it, went to boot camp and had a asthma attack... The military would separate you for a pre-existing medical condition, because that medical condition makes you unfit for duty. Since he likely needs meds to regulate himself, that would make him unfit for military service, it does not mean he was deemed a threat to anybody. See the difference? -
Customer gets into open carry dispute
JayC replied to NextExit's topic in 2A Legislation and Politics
As much as we may like to, you can't get rid of all jerks in society... just isn't going to happen. But demanding that your tax dollars don't go towards the salary of one is a reasonable request :) People have the freedom to express themselves as a jerk... I just draw the line at employing them in positions of great authority and responsibility with my tax dollars. If you're not mature enough to recognize people have a right to deny unlawful orders, and not over react then you probably shouldn't be a police officer. There are plenty of videos out there showing police officers interacting with open carry activists in a positive way, they're still making sure the people carrying the guns aren't criminals, crazy, or a threat to their communities, but they're not violating anybody's rights, and don't act like jerks... here are a couple of examples: https://www.youtube.com/watch?v=AaWyKYCdOl0 https://www.youtube.com/watch?v=6LRteKrvRWc Is it really unreasonable to set the bar that ALL police officers be held to this standard? That if a police officer can't handle interacting with people not breaking the law similar to the above encounters, that the public should demand they no longer be police officers? Or even better yet a simple test, if you're a police officer and walk up on a guy who is open carrying, video taping, and asks you what you're PC or RAS is for the stop, and can quote you the state law in question... that you're probably dealing with a citizen that wants you to over react... and the SMART thing to do is not give them what they want. If in those situation you're not able to recognize the situation you're in an control your temper, you probably don't belong in the uniform you're wearing. -
Customer gets into open carry dispute
JayC replied to NextExit's topic in 2A Legislation and Politics
“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.” ― Samuel Adams -
In this state 80+%
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[Question] Looking into getting license question
JayC replied to phoenixrising's topic in Handgun Carry and Self Defense
IANAL, EPTS is not an honorable or dishonorable discharge, it's an administrative separation. I don't know if that counts as a dismissal or not in the eyes of TDOS. I suspect it's not a problem, because it's classified under the same rule in the military as an ETS separation, which can happen to lots of non-criminal reasons, including serious injury during the first 180 days of service. You don't have to show you DD214 when getting a permit unless you received handgun training and want to bypass taking a HCP course. As for your health issue, unless you've been adjudicated by a judge, that won't be an issue. I'd go ahead and take the class, and apply... I don't think they will deny you based on what you've told us. -
Const. Carry Bill brought up today
JayC replied to CommsNBombs's topic in 2A Legislation and Politics
How about this list of states, which allow open carry without a permit: KY, MO, AR, LA, MS, AL, NC, VA Only 1 state that we touch requires you to have a permit to carry a handgun in some form or fashion, GA and of course TN. KY, AR, MS, VA, and NC are considered 'gold star' states, they don't seem to have any problems with 'untested' people carrying firearms, why do we think our citizens are so much different from theirs? -
Customer gets into open carry dispute
JayC replied to NextExit's topic in 2A Legislation and Politics
You'll note these are all ran by the highway patrol... I believe there is a loophole in current state law that allows Troopers to perform drivers license checks, but does not extend to other law enforcement agencies. Something to do with the TDOS owns the license in your pocket they just allows you to carry around their property. -
Customer gets into open carry dispute
JayC replied to NextExit's topic in 2A Legislation and Politics
While driving without a license is a violation of the law, a police office must have probable cause to pull you over and have a reason to ask to see your drivers license. The only reason officer here in TN can stop us and ask to see a permit is because we have a stop an ID law that allows them to... Just because a few people drive a car without a license, there is no probably cause you're driving a car without a license, so the officer can not pull you over and request to see your license because he wants to. That is the point I'm making.