JayC
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Everything posted by JayC
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There fixed that for you I keep saying that the state constitution limits the legislature to regulating the wearing of firearms, yet we allow TICS a state agency to deny purchases... And even when they do not deny the purchase they charge us a $10 tax.... Frankly I'm waiting to see the class action lawsuit over the MILLIONS of dollars we've had to pay in a unconstitutional tax over the years.
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It's a tax... no way around it. But it's not (only) the 'tax' that makes TICS unconstitutional. It's section 26 of the state constitution. Tell me exactly how the purchase of a firearm has anything to do with regulating the wearing of said firearm? In theory our state constitution gives us greater protection of our god given rights in respect to firearms than our federal constitution does, by stating first that the right is for every citizen and second by stating the legislature may only regulate the wearing of firearms. IMHO TICS is unconstitutional per the state constitution... but we're happy to keep giving the state millions upon millions of tax dollars to fund this jobs program.
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Well actually the 2nd Amendment does cover arms, which would include the gun powder and bullets... So yes it's covered by the 2nd Amendment. Otherwise Washington DC could have allowed everybody to own handguns and just outlaw the bullets which would be a clear violation of the 2nd Amendment. Also, here in TN we do pay a tax of $10 (Which I personally believe is an unconstitutional program per the TN state constitution) for a background check every time we purchase a firearm. Also as mentioned before there are taxes on the firearms themselves... The question is a valid one. Why are we taxed while exercising our 2nd Amendment rights?
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With the recent Stoney River success
JayC replied to Dolomite_supafly's topic in Handgun Carry and Self Defense
But very few restaurants know, and I seriously doubt the ABC is giving them the heads up. -
Coming soon, more federal domestic surveillance...
JayC replied to Raoul's topic in 2A Legislation and Politics
Virtually no programs on the market today use public/private key encryption for the entire length of the communications path. Most programs only use public/private keys to exchange a 'pseudo random' symmetrical key of a much lower strength.... and generally much easier to attack. PGP is an example where the public/private key doesn't protect the entire message only a much lower strength symmetrical encryption key (normally AES, RSA, or Twofish)... attack the symmetrical part and you have no need to bother attacking the much harder public/private key. -
Coming soon, more federal domestic surveillance...
JayC replied to Raoul's topic in 2A Legislation and Politics
Glock, Either the NSA already has backdoors or 'tricks' to break common encryption algorithms or they don't... My guess is that in some cases they do and in some cases they don't... The issue here is computing power... if you have to decode, even with a reasonable efficient back door, you still run into problems with having enough computing cycles to process the data in real time or near real time. So, as a general rule, even modest encryption is enough to prevent on the fly monitoring by a system like 'echelon'... just decoding tcp/ip packets at the speeds we're talking about is a fairly difficult task. As to your opinion that if somebody knows how to encrypt it, somebody knows how to decrypt it... that's just not true... one time pads work very well even in today's massive super computers... unless there is a flaw in the algorithm... true PKI (public/private key encryption) is very hard to attack... -
Coming soon, more federal domestic surveillance...
JayC replied to Raoul's topic in 2A Legislation and Politics
It's not programming talent that is needed... or at least not only programming talent... mathematics talent is much more important.... writing secure encryption code to replace such programs isn't not a small feat and to do so without accidentally allowing the system to be compromised... Then you have to get everybody you know to use the program instead of the stuff they're using today. Even if our government could be trusted (which it can't) other governments and terrorist groups will use these back doors to do very bad things to their populations... just look at recent attacks by Chinese hackers into Google 'backdoor' for the federal government which allowed them to identify, and jail dissidents. It's not a matter of whether you think you can trust the US government... the question is can you trust every 14 year old hacker out there... -
Coming soon, more federal domestic surveillance...
JayC replied to Raoul's topic in 2A Legislation and Politics
It already happening for emails and im's etc that cross the Internet in clear text... Echelon (signals intelligence) - Wikipedia, the free encyclopedia It currently is not happening to encrypted traffic... that's why the Government wants to force companies to install a backdoor to get access to the clear text. This is a huge step in the wrong direction for this country... we don't need a government that can spy on our most private communications without our knowledge... no good comes from the ability to do that. -
There's Something Rotten in the State of Tennessee
JayC replied to a topic in Handgun Carry and Self Defense
It's a letter from the 'Gun Free Dining' website, and includes a couple of very small gunbuster signs... I don't see how anybody can be confused and think the letter comes from the government though. They must have sent a ton of them out last week and clearly they're using the list from this website to target some restaurants. I can provide a copy if you guys haven't seen it already... spelling mistakes and all. -
Coming soon, more federal domestic surveillance...
JayC replied to Raoul's topic in 2A Legislation and Politics
Liberty and the illusion of security go hand in hand.... There fixed that for you... giving up liberty never leads to more security... nothing we've done since 9/11 that reduced our liberty has given us any additional security. -
Coming soon, more federal domestic surveillance...
JayC replied to Raoul's topic in 2A Legislation and Politics
Doesn't even take a court order... Thanks to the patriot act the FBI agent can just right their own search warrant called a National Security Letter (NSL) to get the information without the wasted time of finding a judge to rubber stamp the order. There is however a lot of information which is private today, and creating backdoors into the encryption will not be a good thing for us the citizens. -
Robert, I have both a spare server sitting in a datacenter in PA that I'd be happy to donate to the project, and can help you get the website up and running... I'm by far not a graphical artist, but I have plenty of experience working on such projects including some in the firearms community. Something with a database back end so adding content would be very easy... I'd also recommend staying away from static content sites, they're a pain in the butt to maintain. Send me a PM and I'd be happy to give you my number and we can chat.
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As OhShoot already pointed out... it is kinda... instead of allowing FFL's to use the free federal NICS the TN legislature passed a law making TICS which requires us to get approval from the state and pay a $10 tax for that privilege. How exactly is that not the TN Legislature regulating the purchase of a firearm? When the TN state constitution clearly indicates they may only regular the wearing of firearms and nothing else. Our state constitution gives us greater protections (in theory) when involving firearms by limiting what the state can do further. I don't want to hijack this thread, but we're in 100% agreement, both republicans and democrats in the current legislature are happy to trample around on a lot of our rights, without bothering to read either the state of federal constitutions and stick to them.
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First LEO encounter while carrying
JayC replied to walton6467's topic in Handgun Carry and Self Defense
I agree that is how it should be... but refusing to show your permit to an officer would be a violation of 39-17-1351 thru 39-17-1360 (IANAL) and therefore if reported to TDOS your permit would be revoked. Yes, TN law doesn't completely jive with Terry Stops cases law... I suspect the argument would be that if they see you with a handgun, and having a handgun on your person is generally a crime they can start a terry stop and then ask for your permit as part of that terry stop.... I *personally* think an argument could be made that it's an unconstitutional stop in most cases, because the officer must have a reasonable suspicion a crime is being committed, and in that officers personal experience and training how often has he stopped a person open carrying in a holster and the person be violating the law? I'm willing to bet very very rarely to almost never. -
It's really simple guys... then stop eating at places that post... HCP Holders represent nearly 10% (or more if you factor in income level) of the target market for most of these restaurants... in this economy trust me, restaurants can't afford losing another 3 or 4% of their business. The question is eating some tasty pizza or some other food worth losing your life because you can't defend yourself? I'll make a bet that if you're willing to drive 5 more minutes you'll find a non-posted restaurant with as good if not better food
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Handgun given as gift across state lines?
JayC replied to Patton's topic in 2A Legislation and Politics
If the ATF and the Brady Campaign had their way, you wouldn't be able to do that... oh and you would have to register all your firearms too -
Castle is a RINO who cares what he says... She'll have a very hard time winning though.
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In some states public urination is listed as an offense to be listed, and if you move to TN even though it's not listed here you still have to sign up for the registry if you're on it from another state. Also, is a 17 year old 'streaking' at their high school football game really a person that we want on a sex offender list for life? Or the 18.1 year old who gets caught in the back seat of a car with his 15.9 year old girlfriend? If these folks are such a danger to society (and don't get me wrong some of them are) that we need a list to show us where they live... then why on earth are we letting them out of prison to begin with? Megan's law takes common sense out of the process.. and we're left with a modern day version of a scarlet A which for some is a gross injustice.
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In all fairness in the case I cited... While I unholstered the weapon, I moved it to between the seat and the center console using my leg to hide it... just to have easier access should I need it.... I didn't have it in my hand... I seriously doubt one could make an assault case or reckless endangerment case because I could legally have driven around all day long with the weapon in that position.
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IANAL but here is my understanding: Black powder weapons are not considered firearms, that is why you can order them through the mail still or purchase them without a background check. I'm aware of a felony who while on parole was allowed to own a small black powder cannon since it was not a firearm. As for sex offenders, there are LOTS of things that can get you on that list... in some states including public urination. While most of them are a felony, a good number are not. Here are some examples in TN that are misdemeanors that get you on the registry. 1. Indecent exposure - Class A/B misdemeanor 2. Solicitation of a minor - Class A misdemeanor (Can be higher as well depending on what was solicited) Those are 2 examples of misdemeanors you can commit in TN that will result in being on the sex offender registry for life... Also keep in mind if you're convicted in another state, and are on their sex offender registry even if your crime wouldn't get you listed here, you must register.
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I have children on the way right now as a matter of fact. My wife and I have had long talks about whether we will subject our children to state run schools or not... I'd say my understanding of case law surrounding some of IMHO poorly decided SCOTUS cases on the subject is much better than 95% of the population out there. I understand I have strongly anti big government, anti big brother feels towards the current policies and procedures that I think not only aren't needed but are destructive to our society in the long run (I don't think I make any attempt to hide those feelings do I?) I agree completely, it's much better to not be doing something illegal when you take a stand I'd be happy to show you others including former police officers giving the exact same advice... but I don't have a problem talking to the police... I do so on a fairly regular basis and have yet to have an encounter that I would describe as anything but professional. Dave, just so we can verify for everybody else, why exactly did you ask to search their vehicle if you already had RAS to search? Could it be one of the reasons you asked was by giving their consent to the search it largely removed any possibility the search could be tossed out as an illegal search? I agree to your point, often police officers give kids passes on what are minor infractions on a regular basis as long as the kids act in a respectful way... My guess is that many parents when teaching their kids to decline consenting to searches often forget that little tidbit of good manners go a long way in a civil society. I have seen a number of lawsuits naming the officers and the department in civil lawsuits involving misconduct including illegal searches. I do agree I have yet to see an officer pay out of pocket, normally it's the department insurance carrier who does. But there are TONS of lawsuits filed against every police department in this state every year many of which result in settlement agreements. I don't see every search as illegal, search warrants signed by a judge are perfectly fine by me. I do have concerns about abuse of Terry Stops, and other forms of exigent circumstance searches... And while I disagree with much of this case law, I'm the first person to point out probably cause is largely not needed anymore to perform a 'legal' search (again something that probably 95% of the population doesn't know). These exceptions were made for unicorn situations, but are being used everyday, I do have a fundamental problem with that.As far as the insurance policy question, I in the last 7 years or so have had the 'pleasure' of reading 2 different insurance policies of local police departments, while they are a very small sample sizes, each contained training requirements as a condition of the insurance company. I'd agree not all of those training requirements appear to have been lawsuit related, many if not most appear to involve reducing on the job injuries, but IMHO layman opinion some clearly were aimed at reducing lawsuits. Obviously insurance companies don't set the entire training program, or at least lets hope it never comes to that, can you imagine 40 hours a year of that? I'm sure that the vast majority of training is exactly as you describe, updates they need to know to do their job better, but some department policies and training are related to insurance requirements. I'll give you a perfect example, requiring all police and fire department employees to be wearing a seat belt is an insurance requirement. Some go so far as to deny certain coverage in the event of an employee becoming injured for not wear said seat belt. If you disagree with me, the policy information is a matter of public record, run down to your local small town PD and ask to see a copy for yourself.
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Call the Wilson County Sheriff's officer... I seem to recall some deputies offering the class at a reduced rate for people living in Wilson County.
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My only complaint is he has Lincoln on the wrong side of the painting.