JayC

Just one small correction... 39-17-1351 thru 39-17-1360

Plus DUI/DWI's and any current Class A conviction you're still under in the case of the HCP. I'm curious as to more details if you can post them... He had applied for the permit but had not received it yet? Does he have his receipt from TDOS, did they check the box and sign stating the receipt was a valid permit until he received his permit by any chance? (I know they're not supposed to but I've seen it done many times on new applicants) What was the issue date for his permit? What was the date he applied for the permit? Any chance it was past the 90 day mark? IANAL but I'd suggest he speak to one and see if he should plea or not... I'd reference the current DC v Palmer case, and see if there is a legal way to get his firearm back should that case over turn carry laws.

Sorry typo on my part... you're correct $115.

As OhShoot already mentioned, the $10 "background check" is a TN law, not a federal law... Basically it's a jobs program and tax for the government... Because we could just use the federal system for free to do the background checks, but instead we use a middle man at the state who does little more than check the federal system and takes our $10 for the privilege. No different than the $15 Chicago fee per gun. Also, as OhSHoot indicated until last summer, TN required thumb prints for all firearms purchases through a FFL... We finally did away with that silly law. (Which in the 20+ years it was enacted the LEO's only requested the thumb prints once, and that one time the prints were unreadable). And I believe the main concern about gun registration most people have in confiscation... How many of us don't have a form 4473 sitting somewhere out there (either at the gun store or at the ATF)? You've been identified by a gun registration program as being a gun owner... when the government chooses to confiscate firearms you think they won't search your house because you said you sold that one firearm? While we're lucky that currently laws limit the governments ability to create a centralized gun registration database the data for that database is out there and a simple change in the law allows for that database to happen in a very short period of time. Our current gun registration system is very similair to the one in place in Germany before WWII, and they were able to confiscate the vast majority of firearms. The Chicago law is bad, but don't think that TN is so much better (or virtually anywhere for that matter).

How is it all that much different than here in TN up until last year? Other than the amounts being smaller... TN required a fee to purchase every firearm ($10 instead of $15), and required thumb prints for every purchase. And while we don't charge $100 for registration, we do charge $150 for a permit to carry. The laws are bad just about everywhere.... including here, including Texas, including just about everywhere else... it's time for a change.

If the back ground check is not destroyed after 72 hours that would be a violation of TN law.

Dave, Whether states recognize the 2nd amendment as an individual right, that is now settled law under the McDonald and Heller rulings. Heller defined the 2nd amendment as an individual right, and McDonald incorporated the 2nd Amendment to all levels over government via the 14th amendment. So in a sense SCOTUS has ruled that we all have a right to keep and bear arms... And I know your argument over bear, but there is a case working it's way through federal court right now Palmer v DC that should settle whether individuals have the right to bear arms or not once and for all.... We should know for sure in the next couple of years. The states willingly (well at least the northern states did willingly) gave up part of their state rights when they ratified the 14th Amendment. The Amendment was supposed to place all the restrictions on the Federal government (ie bill of rights) on the state governments... It's just taken us 150+ years to get around to forcing this in case law. It took us about 70 to 80 years to get into this mess... bad laws which restrict the god given rights of law abiding citizens... it's going to take us the next 10-20 to clean the mess up... Only short cut will result from a civil war or another revolution (which neither are all that far fetched today). I suspect in the next 10 years we will see lawful unlicensed open carry in TN, and suspect in virtually every state in the nation.

You're going to need at least a Gen2 device to see this far... Gen1 and Gen1+ devices will only see that far under near perfect conditions (full moon light no cloud cover).

It's not a transfer of the weapon... renting of firearms is allowed in most states. I know a bunch of guys who go on hunting trips and 'rent' a shotgun as part of the package so they don't have to drag they shotgun through the airport.

I personally use Peltor Comtac-II's... much better than your standard non-electric ear muff... Well worth the money, these are the same ones our military issues to troops who need to be able to shoot and communicate at the same time.

Are you looking for weapons mounted, hand-held, or head mounted?

Lets see what happens after Palmer v DC.... I don't think anybody was saying McDonald was going to touch on carry at all... it's going to be a follow on case.

Guys, the next big case will impact carry... By the same attorney that brought you Heller and McDonald... Keep an eye on the Palmer v DC lawsuit. It will be the game changer.

DC's ban only applied to handguns, it was still legal to register rifles, and shotguns. (Lets leave the trigger lock mess out of the equation since we're talking about bans here). Fully automatic rifles are in common use today, every solider in our military is issued one. The Miller ruling is still running around out there, and SCOTUS hasn't heard a case yet that would nullify that as case law. (I'll point out that Miller is referenced as precedent in the Heller opinion). More importantly, fully automatic weapons were in common use by law-abiding citizens before the NFA, the unreasonably high tax (100%+ in some cases) and the difficult process to obtain one combined with many states banning the weapons, is the reason they're no longer in common use today (although the I'd argue that there are still pretty common today). I understand what you're saying, but at the end of the day SCOTUS doesn't grant me my rights, my creator does, and the right to have access to weapons which give me the best chance to protect myself, and help defend liberty from the enemies of freedom. It's a clear violation of that god given right to ask me to pay $20,000+ for a thirty year old firearm when I could go out and buy a new one tomorrow for $2,000 if it wasn't for a ban on purchasing those weapons. Weapons which our own government has deemed are the best small arms weapons available for our own troops, aren't available to me as a law abiding citizen. I'm not hopeful that any of us alive today will ever see the freedom that our great-grandparents enjoyed. I can only hope I'm wrong.

River Front park is a Nashville/Metro park, and Metro has passed a city ordinance banning carry in city parks. I'm not sure if the park is properly posted or not, but keep in mind there is an AG opinion that indicates proper posting is not required for city parks to still be off limits. Public events are not restricted in TN, only government body meetings such as a city council meeting, courtrooms, etc. There are a bunch of other places in Nashville to go and see the fireworks not in river front park, the music is broadcast over one of the radio stations... Personally I would stay on the other side of the river near the stadium on public property where it is for sure legal to carry. There are a couple of restaurants over by the Stadium which have a great view of the fireworks, and are not posted.

And people wonder why some of us have been so negative about the NRA for the last year or so

PapaB, You still only have the TN army national guard in this version, it would be better to state any member of the Tennessee Military Department which covers all members, army, air guard, state general officers, the state guard, and if called up would include the state militia.

I'd suggest reading the Rock Island Armory case from 1991... It basically says since the Federal government is no longer collecting the tax, the law no longer serves a function and therefore is unconstitutional under the law. We need to push and keep pushing until all these silly laws have gone the way of jim crow laws in the 60's.

I agree it's unlikely that you have either of those 2 things happen... but that is pretty much the worse case... My guess is the officer who charges you for possession in the case of a forgotten HCP is likely going to make sure TDOS finds out

That is not correct, 39-17-1352, your permit shall be revoked or suspended for any violation listed. Not having your permit with you while carrying a loaded firearm would be one of those violations. So you could be charged with carrying of the firearm (doubtful but COULD happen), if TDOS learns that you were stopped without your permit, they are REQUIRED to revoke or suspend your permit (whether you were charged with a crime or not). And it appears that suspension can be for as long as they want.

That is not the way I read Miller... I read Miller to say that since nobody proved the saw-off shotgun had a purpose for Militia use if therefore is not protected under the second amendment. That ruling seems to indicate that weapons which are in common use for the militia/military would seem to be protected, maybe even from the NFA altogether.

In TN unemployment is capped at $275 a week.

As much as I don't like it, I suspect we're stuck with the $200 stamp for NFA items... As much as the tax is a clear violation of our god given rights and clearly protected by the Constitution, I suspect SCOTUS will uphold the tax no matter what. I'm stating that the 1986 amendment to the NFA which prohibits the registration of all new full-automatic firearms is a defacto ban on said firearms, and is no different than similair bans on handguns in DC and Chicago (And let me be clear I'm not saying either of those cases touch on fully automatic weapons, only that the logic behind lifting those bans should result in the NFA ban being ruled unconstitutional). Lets take a look at the DC handgun ban, they had a registration program just like the NFA does for fully automatic weapons. They refused to register any new handguns, just like the NFA does for fully automatic weapons. If you fail to register a handgun you face criminal sanctions, just like the NFA and fully automatic firearms. Yeah, those two laws aren't alike at all If you can't ban one type of firearm, you should not be able to ban another type of firearm. We already seriously regulate fully automatic weapons via the NFA, very few (I believe 0 or 1) crimes have been committed in the last 40 years from said weapons, so crime prevention is not applicable here. Also, lets look at upcoming cases... Heller has re-filed suit against DC, because they refuse to register a semi-automatic handgun, they'll register a revolver, but no bottom loading magazine fed firearm. Everybody knows that is going to get ruled unconstitutional they're just fighting a delaying tactic at this point. Then we have Palmer v DC where we're going to find out if carrying of a weapon is protected by the Constitution... I suspect this case will be heard by SCOTUS sometime in 2012. I agree that Heller does not limit regulation of firearms (which is the part of the ruling which makes no sense to me as a layperson), but regulation does not equal an outright ban. The 1986 change to the NFA is a ban on the registration of new fully automatic firearms, it's fundamentally no different than the handgun bans in DC and Chicago, and therefore is unconstitutional. I'll also say that US v Rock Island Armory tends to support this thought process (even without direction from SCOTUS via Heller than the 2nd amendment is an individual right). I know there are a lot of people with a vested interest in the firearms community to keep the 1986 ban in place... A lot of people have paid 20-30k for a firearm that would be worth $2k the day after the 86 ban goes away. I feel bad for those folks, but I don't feel bad enough to give up my god given rights to own and carry arms which I feel protect myself the best.

I disagree, the way things are headed, they'll either fix it, or it will be fixed. All this stuff the federal government is doing, is going to cause a major rift... I fully expect to see another revolution/civil war in my life time.

Their flawed logic is that since people get money for not working, they continue to speed that money therefore keeping other people employed. But all that matters is the 2 second soundbite on TV, not the crazy logic you must use to come up with the soundbite