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midtennchip

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Everything posted by midtennchip

  1. I'm not sure I understand the question. A revocable trust always becomes irrevocable upon the grantor's death. Only the grantor can revoke the trust, so there's no one to revoke it.
  2. Actually, it would not be hard for the BATFE to find a trust invalid even after they have approved it. They did exactly that earlier this year (it involved a Quicken-generated trust, BTW). But there's another issue here. The BATFE does not (in fact, cannot) make a legal determination that a trust is, in fact, a legal trust in the laws of Tennessee, or any other state. Clearly, there is a argument that, since the BATFE approved the transfer to begin with, the BATFE should not try to penalize you. However, the IRS does that on a regular basis. As a result, I would not be confident that the BATFE approval of a trust would be an absolute defense.
  3. midtennchip

    AR advice

    No, not necessarily. Take a look at the chart below. Good explanations and side-by-side comparisons. M4 CHART
  4. Legally, you are required to pay Tennessee sales tax on all internet purchases that are delivered inside the state of Tennessee. There are some FFL's that collect the Tennessee sales tax, though. I know of at least 3 FFLs in the Nashville area that collect sales tax on every transfer. There is a debate whether the FFL is required to do so, but some of them simply chose not to take a chance on it. You need to check with the FFL before you have a gun shipped.
  5. As Patrick suggested, you really need to read Scalia's opinion in Heller. The meaning of the militia clause in the Second Amendment is exactly what is being debated. However, I would caution using state constitutions as an indication of what the United States Constitution means. While helpful (particularly for state constitution provisions written close in time to the Bill of Rights) in determining what some people thought the Second Amendment meant back then, state constitutions (and interpretations thereof) do not have direct bearing on the meaning of the United States Constitution. Several state constitutions provide a greater right than the United States Constitution for many things. For example, the Tennessee constitution has been interpreted to provide a greater right to abortion than the United States Constitution. As a result, just because a state constitution has a very strong "right to arms" provision does not prevent the federal government from restricting gun ownership in a way that would be prohibited under that state's constitution. That is, state constitution only restricts that state, not the feds.
  6. This is my understanding, as well. However, I also think that no one really knows for sure what will happen. One of the things no one has ever been able to explain to me is what happened with the electric windows and door locks when they were talking about it on Future Weapons. The car stopped when the EMP simulator hit, but the electric windows and door locks continued to work. I don't pretend to know what an EMP will really do, but I would love to know more. For example, would the electronic starter on my '87 Wagoneer still work? I doubt it, but not sure.
  7. I've had exactly the opposite experience. I go in there at least once a month and I've rarely had anyone be other than nice. I can say I've seen one or two of them get "testy" will a customer, but the customer was already being the same way before I noticed what was going on. I, personally, would not act that way toward a customer, but I haven't had them act that way toward me.
  8. Normally I would agree (particularly about practicing), but this particular book has a good number of "unusual" things in it that I simply would not try to remember but might be very useful. As for bullets and food, the book doesn't take up enough room to make much difference for those things. As for water, I don't carry very much. That's what the filter bottles, coffee filters, and plastic bags are for.
  9. I buy a lot of books from Amazon, but I actually found this book at my local Barnes & Noble. If you can get to one of the larger bookstores, most of them can order it for you.
  10. If this is anything more than a 1-2 day bag, I would suggest: 1. fire starter 2. water filter bottle (Bota or Katadyn would be great) 3. coffee filters (use them to pre-filter the water before putting it into the filter bottle) 4. duct tape (even if you use wrap some around the water bottle) 5. ziplock bags (many uses, including collecting water from shallow sources) Also, I keep this book in my bugout bag: Amazon.com: 98.6 Degrees: The Art of Keeping Your Ass Alive (9781586852344): Cody Lundin, Russ Miller: Books There's a more comprehensive list in the book.
  11. One Second After and Lights Out are my favorites. Both give you a lot to think about and, at least with Lights Out, a good bit of helpful hints. Patriots was just okay. But as others have said, there were a number of contradictions in terms of moral choices. In reading PAW fiction, you have to learn to overlook the poor writing of many of the authors. Very few are "professional" authors and I get the impression the stories are not proof read by professional editors. If you can look beyond that, there's a lot of information and entertainment in them. There's another guy named Jerry D. Young that writes a bunch of short stories and posts them on a number of forums. If you search for him, you can pick up a lot of free reading.
  12. Nashville Barrel (or Drum and Barrel, can't remember exactly) sells new and used water barrels. The place is actually in Fairview, but I talked to them about 3 months ago. New 55-gallon barrel costs about $60, but the used barrels (food grade, usually with drink syrup or something similar in it previously) were quoted at $10-15.
  13. Little more specific? Are you talking materials for working on the house, medical supplies, food/water, or something else?
  14. I think the case you are looking for is McClung v. Delta Square, et al. Dorothy McClung was abducted at gunpoint in the parking lot of Wal-Mart in Delta Square. The TN Supreme Court ruled that the incident was reasonably foreseeable and that Wal-Mart (and the real estate partnership that owned Delta Square) had a duty to protect Mrs. McClung. The case is available here: http://cases.justia.com/us-court-of-appeals/F3/270/1007/545383/ With that in mind, I do believe, under certain circumstances, that an establishment that posts the no guns sign could be held liable for crime on its premises. But, just the fact that it posted would not be enough. It might be a factor, but the criminal act itself would have to be reasonably foreseeable. In McClung, the court noted the extreme number of crimes that occurred in the parking lot or adjacent to it in the 17 months leading up to the crime. Wal-Mart provided no security. As a result, Wal-Mart breached its duty to Mrs. McClung. If a restaurant in a high crime area posts the notice, it may very well be setting itself up for a premises liability claim. But, it will take more than just the sign to get to that result. Someone walking into the establishment does not just assume the risk. Just because the establishment can reasonably foresee the problem doesn't mean the patron knows (and therefore has assumed) that risk. Lots of factors.
  15. Yes, the true long-term storage foods (freeze-dried and dehydrated) are the best. Mountain House freeze-dried items have a quoted 25-year shelf life, but it is also the most expensive brand. Good stuff, though. Shelf Reliance advertises 7 to 10 year shelf life, but if stored in cool places, would probably be good for 10 to 12 years (maybe longer).
  16. Good enough. I grew up in West TN and frequented places where they were located. I've only seen one snake since moving to Middle Tennessee 9 years ago, and that was some type of garter snake. So, I know nothing about them east of Pickwick!
  17. Looks like Costco is getting into the long-term storage food business. I saw it posted on another forum, but I think these items are only available on the website. If anyone sees this stuff in a local Costco, please let me know. They don't have it at mine (at least not yet). The Shelf Reliance brand is a decent buy. I have several cases I ordered directly from Shelf Reliance, but some of the Costco prices are pretty good (particularly the 6-month supply). Costco - search results for "shelf reliance"
  18. Didn't say anything about East Tennessee, but the last time I checked, West Tennessee, particularly Pickwick Lake, was in the Tennessee watershed. Just thought you were talking about Tennessee generally, not just East Tennessee. But, I'd be very happy if there weren't any in Tennessee at all. I hate those things.
  19. Although it's been years, I've seen MANY water moccasins in West Tennessee. When I worked at Pickwick Lake in high school, I saw hundreds of them on the banks of the Tombigbee Waterway during mating season (generally balled up together). The Associate Professor of wildlife Management at UT seems to think there are water moccasins in Tennessee, as well. http://fwf.ag.utk.edu/personnel/harper/snakebite.pdf
  20. Yes, I read it online. The article mentioned that David Randolph Smith (bio available below) did the research on state gun laws. Keep in mind that these "facts" are not being adequately explained. Yes, Georgia's statutes expressly forbid carrying a firearm to a "public gathering." The statute defines "public gathering" to include establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food." O.C.G.A. section 16-11-12(. http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=127 http://www.drslawfirm.com/drsbio.html The article, as well as most of the media coverage, has failed to distinguish the fact that Georgia's law isn't an "all or nothing" law when it comes to establishments that serve alcohol. I intend to do some additional legal research on the various state laws, but it will take some time. But, this type of reporting is typical. Watching CNN (it's on at the firm all the time, so I didn't have a choice ) today, I noticed they were still reporting the 90% of guns confiscated in Mexico myth. What can you do???
  21. Some in-depth commentary from an excellent law professor: http://volokh.com/posts/1243963229.shtml I have not yet read the opinion, so just google 7th Circuit and Heller for more info.
  22. This one is going to be hard to swallow, but the generally conservative 7th Circuit has ruled that the 2A is not incorporated by the 14th Amendment. Therefore, the NRA lawsuit against the cities of Chicago and Oak Park regarding their handgun bans has been dismissed. While there are many arguments on both sides of this, the 7th Circuit's ruling is based on the Federalism argument (i.e., the conservative view). That is a big blow to us pro-gun folks. Here's a link to the news: http://althouse.blogspot.com/2009/06/federalism-is-older-and-more-deeply.html More commentary here: http://volokh.com/posts/124396229.shtml
  23. Sorry, it WAS in the spot where the empty tan box now appears to be. Probably a problem with my pasting skills. Here's another link to it: http://spoken-gems.com/2008/06/18/james-duane-in-praise-of-the-5th-amendment-right-to-not-be-a-witness-against-yourself/
  24. I have a red Uni-max. It died after about 6 months (with very little use, I might add). However, the good news is that Lasermax sent a new one to replace it, no questions asked. It only took 2 weeks from the date I shipped it to them to get the replacement. I like the pulse, but it did take some getting use to.
  25. This may not be the right forum, but I thought I'd share it. With the recent discussions regarding the Oklahoma pharmacist and the conviction of the guy in Williamson County, I think it is important that you watch the video below regarding making statements to police. It is not geared toward self-defense shootings, but it is very appropriate. Regent Law In particular, the Oklahoma pharmacist gave statements that contradict the video on the shooting. The Williamson County guy gave statements regarding exactly what he did with his gun. Both of those statements will be used (or were used) against them. Just thought this would be helpful if (Heaven forbid) anyone here is involved in a shooting.

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