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eRay

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Posts posted by eRay

  1. I saw my Dad shoot a man with a 32 and lead round nose ammo 52 years ago. Shot him 5 times at point blank range in the chest. The man stood there in shock about 45 seconds before falling to the ground. The guy actually lived. Dad went out the next day and bought an S&W M&P 38 special. Loaded it with lead round nose as well, but he said next time he would at least use a bigger caliber.

  2. And even more particularly, calls for address, DOB, expiration date if any, etc, all of which the HCP does.

     

    On the other hand, I know of no state or federal mandate that any given type of ID must be accepted by a FFL, any more than a merchant has to accept a given type payment.

     

    - OS

     

    As a matter of fact, The Inspector examining me for my FFL application informed me that I was free to refuse to sell a gun to any person I choose for any reason I wanted.

  3. it's the same #

     

    True but I can see where some might be reluctant to switch them out. ATF regulates Gun Dealers very closely and expects every T crossed and I dotted. The dealer has to examine the ID closely. If your buyer had a revoked Drivers License and you showed their DL as being the ID used, it could raise some questions as to whether you really checked their ID. Just saying that I can see why some dealers don't subsitute one number for the other..

  4. OK lets see if I can clear this up for everyone. There are two ways most FFL's conduct a background check. The first is to pick up the phone and call 1-877-GUN CHEK. An operator answers and takes all your information and does the background check then gives the dealer an approval number that he writes on the form 4473. Using this system an HCP number works fine and TBI accepts it just like a DL.

    The second way, which most dealers now use, is to do the background check themselves on the computer. It is usually quicker and easier than calling the TICS. When you log on to the website it asks for the purchasers DL number. When you type in the DL number it automatically fills in the  purchaser's name, address, social security number and all other info so you only have to fill in is the firearm info.This computer system only accepts DL numbers not HCP numbers. I always just typed the HCP number in the DL number slot and it worked fine. Some retailers may not be aware they can type the HCP number in the DL slot or they may not be sure that it is completely legal to do so.

  5. So, would you take videos when you shoot it so I can at least know how awesome it would be???? 

     

    You mean you actually shoot them. I only collect them. I have never fired any of my 1911's. If I shot them, I might be disappointed and have to get rid of some of them. As long as I keep them brand new and unfired, I will never be disappointed. Kind of like an alcoholic who collect bottles of liquor but never drinks. Maybe I need to talk to a shrink.

  6. My electricity went off for about 2 hours tonight. When it came back on the gas central unit downstairs did not come back on. Luckily the upstairs unit is working so I can sleep up there tonight. Can't get the fan to blow either, so I am hoping it just blew a fuse outside and I can replace it tomorrow. These problems always crop up at the coldest times. And it is a fairly new unit. 3 years old. My 20 year old unit upstairs is still working.

  7. That is a big stretch under state law...  I'm willing to bet no case law over a denial for that reason yet...  wonder if it would stand up in court...

     

    Added to my list of reasons to punt TICS into the trash bin of history.

     

    I would not personally think it would stand up in a court case. My guess is that they are counting on the fact that no one is willing to spend the money necessary to test it.

    • Like 1
  8. AFAIK, NICS is open every day but xmas day, and TICS has to keep same days/hours.

     

    - OS

     

    Oh Shoot, You ought to know that no government agency is going to observe only one holiday. Actually TICS is closed on July 4th, Thanksgiving Day, and Christmas. Still three days is pretty good for a government agency.

    • Like 1
  9. ADDICTION TO ALCOHOL

    Tennessee law (TCA 39-17-1316(a)(1) added the following disqualification for

    firearm transfer to the list of prohibitors found in federal law: “…..sales to persons who

    are addicted to alcohol and sales to persons ineligible to receive them under 18 U.S.C.

    section 922 are prohibited.” Alcohol is hereby defined as: any distilled spirits, wine, or

    malt beverages. TICS uses the same standards for determining addiction to alcohol as are

    used for dangerous drugs/controlled substances:

     A person who uses alcohol, as defined above, and has lost the power of selfcontrol

    with reference to the use of alcohol; or

     A person convicted for use or possession of alcohol within the past year, or

     A person with multiple arrests for use or possession of alcohol within the past five

    years if the most recent arrest occurred within the past year; or

     A person found through a blood alcohol test (BAT) or Breathalyzer Test to be

    under the influence of alcohol if the test was lawfully administered and within the

    past year; or

     A current or former military service member who received recent disciplinary or

    other administrative action based on confirmed alcohol use (e.g., court-martial

    conviction, non-judicial punishment, or an administrative discharge based on

    alcohol abuse or alcohol rehabilitation failure).

    A person may be an unlawful current user of alcohol even though the alcohol is

    not being used at the precise time the person seeks to acquire a firearm or receives

    or possesses a firearm; rather, the unlawful use only needs to have occurred

    recently enough to indicate that the individual is actively engaged in such

    conduct.

  10.  

     

     

    There is also no legal basis in TN law for such an action. That's the point.

     

    It's exactly the same crap as the HHS or ATF, making on-the-fly "rulings" regarding ObamaCare and firearm rights, but at least those powers are delegated by the original statutes. I know of no such interpretative power granted to the TBI to do so in this case.

     

    Perhaps next they'll stake out AA meetings and cross reference people with HCPs. After all, attending an AA meeting means you're probably an addict right? Even if one hasn't had a drink in 20 years, he could still be deemed as being "addicted to alcohol". Maybe they should stake out your local liquor store, if you show up there more than X times a month, tag you as "addicted". Whatever.

     

    If you're all for granting them the first power, you'd be in favor of granting them the others, seems to me.

     

    - OS

     

    I can see both sides of this issue. I certainly don't want TICS or any other law enforcement agency making up the laws as they go along. This is more the way things are done in Russia than in the US. I would be willing to bet that this interpretation was not what our legislators had in mind when they prohibited people addicted to alcohol from purchasing firearms.

     

    On the other hand, If you and I are involved in a bad traffic accident Saturday night and your family is injured and you are as drunk as Cooter Brown, I would prefer you not have a firearm..

  11. I like the confidencee that I have in the reliability of a revolver. I like the extra ammo capacity and lower felt recoil of an autoloader. I have two semi autos for every revolver that i own. Still my bedside gun is a .357 Ruger GP100 and my carry gun is an S&W .38 Special Model 38. I shoot mainly 1911's and Glocks, but still if my life ever depended on it working, I would feel better with a revolver.

  12. You can buy one from an out of state dealer in person at his business premises. You can buy one from a dealer or private individual by going through an FFL dealer in Tennessee. Your dealer sends his dealer an FFL copy. His dealer sends the gun to your dealer who does the background check. A private individual can send one to your dealer without a copy of his FFL just by checking ATF's EZCheck system and verifying that he is a licensed dealer. You can not buy one directly from an out of state individual without going through a dealer. Some dealers will not accept shipments from individuals, so check with yours before buying. Check out Armslist.com.

  13. I had 544 sales along with 15 denials. Out of the 15 denials, all were appealed and 11 were approved after the appeal. Just to give you an idea of the percentages. I usually gave the customer an appeal form right there in the shop and after they filled it out, I faxed it to TICS. TICS likes for the dealer to do this as they say a lot of appeals can not be approved because of the denied person not properly completing the appeal form. The dealer usually catches missing info before he faxes it for the customer improving the odds of the denial being overturned. I agree with lawenforcementsales,that most of the examiners at TICS are professional people trying to help us. Never had a bad experience with any of them.

  14. I just checked my Tennessee Instant Check System FFL dealers guidelines manual and it states that one of the reasons that they will deny a firearms purchase is conviction for an alcohol related offense within the last 12 months. My guess is this is your problem.

     

    I decided to look this up as Oh Shoot will soon want to add it to his legal library.They are basing this on TCA 39-17-1316 (a) (1) which prohibits persons addicted to alcohol from purchasing a firearm. How they decided one dui qualifies as addicted to alcohol is beyond me but that seems to be the TICS position.

    • Like 2
  15. PSA has the some of the best prices that I have found anywhere. This could be because they save so much money by not hiring people to answer the phone or email. They also are pretty slow on shipping. Probably don't hire a lot of people in shipping saving more money. Despite these problems they have always managed to eventually get my items to me. As long as they keep sending my products at super low prices, I can live with them not having time to chit chat with me.

  16. As long as the government gives special benefits to any group of people there will always be some who abuse it. Whether it be disability benefits , parking benefits, tax breaks, food stamps, whatever. We just have to accept the fact that any time society tries to help people, there will always be someone to abuse it. We can not stop it so we may as well spend our time worrying about something that we can change. I think I'll send a check to Knox Area Rescue Ministries tomorrow. Maybe I can actualy help change something by that.

    • Like 1

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