Worriedman

First of a number. Getting ready to battle in court, been playing with the GA long enough.

Can't get the pdf to load, but our new AG has agreed that the ban on 18 year olds being able to get permits is unconstitutional.

The Department of Safety, as a part of the Administration/Executive branch of government carries out their wishes and directives, I think we can agree on that. Here is more of their testimony last year, on Rep. Grills bill that would have added long guns to the "Enhanced Permit". Keep in mind that 44 states allow carry of loaded long guns as a non criminal act and 2 more via permit. Only 4 States consider it a crime, New York, New Jersey, Tennessee and Florida. MS Stroeker and the Department of Safety keeping their thumb on the balance of legislation. It should be noted that after her testimony this bill was killed for lack of a second in the Civil Justice sub-committee.

They don't support the 2nd. They are 2nd Amendment Butters,

I was inspired to put this video together after a meeting with a State Senator this week. Outside of being old an tired and not very photogenic, I think the message should resonate with those who have studied and understand the rules laid out in the contract for the creation of government under our State Constitution, which is in fact a written list of hiring practices for the servants We the People put on the payroll to carry our duties of government created by the contract. It list the divisions and powers delegated by the People to each of those separate groups, clearly delineated, and the charge for one not to get in the others' lane. Where could those employees find a reason to construe they have power to deny rights, certainly NOT in the Constitution I have read.

How so. DOS places themselves on the "Want to testify" list, and spends an inordinate amount of time in legislators offices who have filed bills attempting to rectify theft of rights by the previous General Assemblies. Please show me where there is a statutory basis for them to be "Philosophically opposed" to allowing long arms into the enhanced carry approved list of firearms? MS Stroeker is very akin to Joe Biden, she has never held a private job since graduation from law school, she has worked for the Department of Safety her entire carrier. I have searched diligently to find anything in the Statutes related to DOS responsibility and opining on legislation is not noted anywhere. I have challenged their Commissioner, and their legal staff, to show me where it exist and to date I have not received an answer, because it does not exist. Her assertion that her job is "to keep the Tennesseans of Tennessee safe" is incorrect, in fact, she and her entire Department are insulated from having to do so by "qualified immunity", else when someone is killed/damaged/suffer loss in a crime or traffic accident they would bear legal and monetary responsibility, and they do not do so.

A number of House members are reaching out to the new TN AG to get him to fight this under 10th Amendment. There may in fact b e legislation filed to require him to do so. Per the W.V. v. EPA case SCOTUS ruled on last year, this specific issue of "rulemaking" subverting the legislature's job to make law will most likely be stopped at some point.

Drove to Cookeville yesterday evening for a meeting with Senator Paul Bailey. Carried a lot of information on the Bruen and successor suits. It is a long way back to West TN in the dark and pouring down rain, got in a little after midnight, (hard on an old man) but had a good meeting. Only way to advance is to do the work!

Bills are just getting filed, we are looking at them. None so far merit our full support, but we have two weeks to go. Everyone can go to this link and sign up for the free weekly bill update, no requirement join or become a member. https://tennesseefirearms.com/subscribe-tfa/

You can take this mess, or you can get up and do something about it. Can't never did!

Grundy County Illinois Sheriff’s Department Notice As your Sheriff, I want to give the citizens of Grundy County an update on the recent passage of HB5471, (Assault weapons ban) also know as the Protect Illinois Communities Act. As your duly elected Sheriff my job and my office are sworn, in fact, to protect the citizens of Grundy County. This is a job and responsibility I take with the utmost seriousness. Part of my duties I accepted upon being sworn into office is to protect the rights provided to all of us, in the Constitution. One of those enumerated rights is the right of the people to keep and bear arms provided under the 2nd amendment. The right to keep and bear arms for defense of life, liberty and property is regarded as an inalienable right by the people. I, among many others, believe that HB5471 is a clear violation of the 2nd amendment to the US Constitution. Therefore, as the custodian of the jail and chief law enforcement official for Grundy County, that neither myself nor my office will be checking to ensure that lawful gun owners register their weapons with the State, nor will we arrest or house law abiding individuals that have been arrested solely with non-compliance of this Act. Ken Briley Sheriff

I was present at the swearing in of the 113th iteration of the General Assembly of Tennessee on Tuesday the 10th day of 2023. I was struck by several realizations, which prompted question in my mind. First, those who support abortion, drag and transgender rights are not afraid to show up and show out. Effective or not at swaying public sentiment by being loud and colorfully noticed, they were present and enthused. There was a rally across from Cordell Hull, well attended by legislators of a particular Party in solidarity with those sentiments, as well as vociferous pronouncements in the area outside the chambers of the Senate and House. If decibels and numbers make a difference to legislators, this contest is done, as there was not one single person in attendance to offer a contrast. Second, I actually listened (though I have to admit, I have the entire oath memorized, it is important to me as it is the written terms of their employment that I and my fellow contract holders wrote) to the words the members raised their hands, repeated and affirmed by the elected employees of the General Assembly. I was struck by the monotony of the tone of responsive reading, like possibly they were simply going through the motions. Of note, there are factions in the GA that refuse to recognize or treat with certain groups because of personal animus, regardless of the reason for said strife. Perhaps truth has been spoken about rights being stolen, constitutionally guaranteed rights, recognized and pontificated on by SCOTUS, yet those who call out those invested with the powers of government and who blatantly deny those rights are vilified and scorned. In their oath they promise to protect and defend the constitutions of the United Sates and the State of Tennessee, then to “vote without favor, affection, partiality of prejudice”, it would be nice if that was truly the case, but I see a lot of favor and prejudice in the actions of many of our hired help Third, it is apparent that the soul of our State is jeopardy. I walked the halls of the office building of the legislators for a good bit of the day, and saw the legions of lobbyist, most recognizable from my years of advocacy. (Miss Bobbie Patray, a fellow Citizen Activist was there with her chipper attitude and wearing her “36th Year” button, God Bless her and her boundless energy and dedication to advocating for good) If the good people of Tennessee sit quietly on their couches and expect someone else to do the heavy lifting, the “progressives” who show up in force will win the battle. Lastly, I was talking with a Senator who confirmed he was armed in the area between the two chambers (and that he was armed continually everywhere he went) after the ceremony. I noticed several State Police officers on duty, I suppose to maintain order and provide protection, but for whom? If the legislators are the servants under the constitution, why are they allowed arms for their personal protection and the People they serve are not? Was the protection of persons provided by the State not sufficient for the members of the GA, are they special in such a way as to be allowed arms for their protection whilst We the People are not?

Today our elected employees of the General Assembly will gather and raise their hands before God (for those who profess a belief in one) and their fellow citizens to take an oath or affirmation to support the Constitution of this state, and of the United States and also the following oath: I______ do solemnly swear (or affirm) that as a member of this General Assembly, I will, in all appointments, vote without favor, affection, partiality, or prejudice; and that I will not propose or assent to any bill, vote or resolution, which shall appear to me injurious to the people, or consent to any act or thing, whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this state. Will we allow them to fail in that duty to protect our 2nd Amendment rights like the people of Tennessee have since 1801, or will we, under the recent ruling of Bruen, demand that these taxpayer paid servants own up to their responsibility? If a law denying unfettered ability to carry a firearm, open or concealed in public in case of confrontation was not on the books, part of the public understanding at the time of the ratification of our Constitution, it is void and without force. Society's ills can not be cured by government via the taking away of a constitutional and civil right, and the SCOTUS incorporated the 2nd Amendment against the states in 2010, making it a civil right in the process. We must inform our elected employees from the Governor to the Department of Safety and all legislators, the Article 1 Section 26 that was redone in 1871 being made moot, they have no power to deny a non-criminal the right to keep, bear and wear firearms in Tennessee.

First it should be noted that as a state, we are governed by our Constitution. Article 1 Section 1 of our Declaration of Rights: That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times, an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper. Section 2: That government being instituted for the common benefit, the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind. ARTICLE II. Distribution of Powers. Section 1. The powers of the government shall be divided into three distinct departments: legislative, executive, and judicial. Section 2. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted. Section 3. The legislative authority of this state shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, both dependent on the people. ARTICLE III. Executive Department. Section 1. The supreme executive power of this state shall be vested in a governor Section 10. He shall take care that the laws be faithfully executed. Section 11. He shall, from time to time, give to the General Assembly information of the state of the government, and recommend for their consideration such measures as he shall judge expedient. The General Assembly has sole authority to decide which measure shall pass from the General Assembly, after debate and consideration and a vote in both chambers. Article 3 Section11 enables the governor to make suggestions to the GA about issues that office considers "expedient". Those issues, called "Administration bills" are carried by the Leader of both houses, currently that is William Lamberth in the House and Jack Johnson in the Senate and as such that provision of the Constitution is adhered to. (a side note, the so called Constitutional Carry bill of 2020 was an Administration bill) What does not appear in the Constitution or in our TCA Code, is any provision allowing the Departments under the control of the governor to assume a position of power over the legislative branch. For decades I have watched as the Department of Safety and the TBI have exerted pressure as envoys of the governor to deny good, restorative bills passage in our General Assembly. Old hands will remember Colonel Trott, the head of THP testifying against handgun carry permits in committee. Currently the Department of Safety's "Legislative Director" Elizabeth Stroeker brings her "philosophical opposition" to any bill that loosens the strangle hold of government on our 2nd and 14th Amendment rights. One only needs to watch any of the Civil Justice and Criminal Justice committee hearing from last year dealing with 2nd Amendment issues to see the validity of my point. I contend that going forward, any testimony by these Departments that does anything other than answer questions as to the cost of difficulty of administering any law passed, if that testimony serves to defeat the issue is in fact an act of "Official Oppression" as defined in TCA 39-16-403: TCA Part 4 - Misconduct Involving Public Officials and Employees 39-16-403 - Official oppression. 39-16-403. Official oppression. (a) A public servant acting under color of office or employment commits an offense who: (1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or (2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful. (b) For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity. (c) An offense under this section is a Class E felony. (d) Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint. [Acts 1989, ch. 591, § 1; 1990, ch. 980, § 11.] These Departments are peopled with attorneys, paid by the tax payer (although the tax payer has no input in their hiring or direction of duties). They should be cognizant of the edits and ruling of SCOTUS, it is why they are paid. In 2010 the Supreme Court of the United States incorporated the 2nd Amendment against the States through the due process clause of the 14th Amendment, making the 2nd a Civil Right. The Governor is surrounded by employees that we fund and he directs that should know the facts regarding our right to arms. SCOTUS says we have an unfettered right to carry on our person, open or concealed, in public, firearms in case of confrontation and yet from 1801 to date is has been and continues to be a crime for a non-criminal Tennessee citizen to do so. (TCA 39-17-1307 (a) (1), it is an offense to bear a firearm with the intent to go armed). I for one am tired of paying Lobbyist to testify against and deny my 2nd and 14th Amendment rights. The Department of Safety and the TBI as arms of the governor's office should simply faithfully execute the laws of the state, not try to make them.

Speaking of the Governor, this letter was received by TFA during his first run for office. I will not editorialize, but rather let the reader muse on the promises made, and those kept.

There were no laws on the books in1791 saying you could not have a silencer/moderator. Per Bruen, if it (law) did not exist at that time, it (law) is not valid.

It actually does, when each bill is voted for on the floor, you can go to the Bill's page and see the yeas and nays. https://www.capitol.tn.gov/ You can look up by bill number once they get into session and see every vote from committee to floor.

He is the Establishment "Leader" of the Senate, he carries all the governors Administration bills. To date, he only follows the line of the Lt. Governor. He is vital to the effort, as he wants to be the next Lt. Gov. when McNally falls from the throne. He needs to be ridden hard.

I am reaching out to get your thoughts regarding your duty to the People with respect to the 2nd Amendment in view of the recent Bruen decision, in conjunction with those of Heller, McDonald and others. 1. In District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court explained that the Second Amendment recognizes, enumerates, and guarantees to individuals the preexisting right to keep and carry arms for self-defense and defense of others in the event of a violent confrontation. 2. In McDonald v. Chicago, 561 U.S. 742 (2010), the Supreme Court explained that the Second Amendment is fully applicable to the states through operation of the Fourteenth Amendment. 3 Id. at 791. As a result of the holding in McDonald, the Tennessee Constitution cannot be construed to allow government authority to infringe rights of individuals if such authority would constitute an infringement of the individual’s rights under the 2nd Amendment. 3. In Caetano v. Massachusetts, 577 U.S. 411 (2016), the Court reaffirmed its conclusion in Heller that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding … “and that this "Second Amendment right is fully applicable to the States[.]” Id. at 411, 416. 4. In N.Y. State Rifle & Pistol Ass'n v. Bruen, 142 S.Ct. 2111 (2022), the Supreme Court stated that the Second and Fourteenth Amendments together guarantee individuals not only the right to “keep” firearms in their homes, but also the right to “bear arms,” meaning the right to carry constitutionally protected arms “for self-defense outside the home,” free from infringement by either federal or state governments. Bruen at 2122. The simple question is, with these facts presented, what are you as my Senator going to do to remove the criminal aspect of carry a firearm by a non-criminal citizen in Tennessee and to remove “gun free” zones. TCA 39-17-1307 (a) (1) says it is an offense to carry a firearm with the intent to go armed, clearly with the case rulings above that is unconstitutional.

Each member here, who is desirous of return this state to the promises made in 1796 needs to honor their charge in Article 1 Section 23 of our Declaration of Rights: That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by address of remonstrance. Get proactive!

It appears that we have the best chance to remove the criminal aspect of carrying a firearm, allowing permitted carry past posted signs, removing rules about carrying in parks and recreational areas, permitted or not that we have had in years. It is imperative that we get the 33 blocks to Liberty on notice and get their responses. Write your Senator and ask them how they intend to deal with the Bruen decision and your right to carry a loaded firearm in case of confrontation in public. Le them know that you know the SCOTUS incorporated the 2nd Amendment against the States in 2010 and you expect them to act accordingly. They work for you, give them instruction and post their responses.

News from the House tells me that it is more important then ever that we gear up and contact our Senators. This can be a very good year, if we will but jump start the Senate.