Worriedman

If we waste this opportunity to get the exemption for HCP holders, it may never come again. The splinters left in voter's mouths at this point with all the sticks used to tamp down the Health Care Bill and Stimulus mess which has been shoved down our throats, should be used to ramp up our effort to get the attention of our Legislators. If we do not get up on our soap boxes at this point in time, we have only ourselves to blame. Simple exemption for HCP holders, the current law allows owners to post.

Any restaurant could have posted, disallowing guns, under the law that was found vague. But make them post if they want to. That was the crux of the matter for Rayburn, he wanted the State to do it for him, no balls!

Truer words have not been posted here in a while, sadly.

Tennessee Registry of Election Finance - PACs Contributions In 2007 the Tennessee Hotel and Lodging PAC donated $40,250.00 to Senators and Congresspersons in an off election year, the NRA contributed $2,750.00. Last Election year there are records for, 2006: Lawyers Involved for TN. $285,500.00 NRA $ 7,000.00 Tennessee Hotel and Lodging $ 31,350.00 Fed EX $138,350.00 Gun Lobby is a relatively small player.

It elected a Bredesen, the same guy who stood before the NRA, after accepting their $2,500.00 donation and promised to sign the Restaurant Carry Bill before the last election.

If you can not see Rhom Emanuel behind this, I would suggest getting to the eye Dr., while you still can. Next year will be too late for a lot of things!

Sure wish you would share that e-mail!

From what I have been able to ascertain, there will be no appeal of the ruling, simply the introduction of new legislation to correct the "vague" portion of the original law. It is imperative that each of us contact our Legislators to garner their support for the soon to be introduced Bill.

Met with several members of the City Council tonight. Plan is to table the issue at the next Council meeting, and completely remove Chapter 11-604 from the Code, as it is preempted by State Law. Secondarily, Chapter 20-207 states it is illegal to carry a firearm in a park, that has to be amended to follow the new State law, as the resolution to ban was defeated. Keep finding little things in the draft that need dealing with.

From"Gill Kendrick" <GKendrick@cityofjackson.net> Subject:Re: Municipal Code Section 11-604.4 Date:12/10/2009 10:16:43 AM To:"C. Richard Archie" I was not aware of the proposed changes. I have met with our departmental legal adviser, and we will be meeting with the city attorneys. Will provide a response in this regard. Respectfully, Chief Kendrick

It is a State issue, so therefore the NRA is not that interested. Don't get me wrong, I am a Life Member of the NRA, I support them monetarily and with my labor as well, but I have contacted them numerous times with respect to State and local topics, and I get the "We play on the national stage" answer. This is our issue, it is our legislators who tried to give us the Law we asked for. It is ours to correct. If we do not stand up and force the issue, nobody else will. We have before us an opportunity to prove that the legal gun owning public is strong, united and ready to fight for our rights. We can get in the game and win, or sit on our hands and go the way of California.

§ 39-17-1305. Sale of alcoholic beverages; premises; possession of firearms (a) It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for on premises consumption. ( A violation of this section is a Class A misdemeanor. © The provisions of subsection (a) shall not apply to a person who is: (1) In the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of duties as a correctional officer employed by a penal institution; (2) On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property; (3) authorized to carry a weapon pursuant to TCA 39-17-1351. No need to address the issue of consumption because a separate law addresses that issue in all locations: 39-17-1321. Possession of handgun while under influence — Penalty. — (a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance. ( A violation of this section is a Class A misdemeanor. Nor do we need to address the issue of the desire of some places to post since that provision of the law has been on the books under 39-17-1359 for many years as well without significant problem. This is what the legislation should say. it needs to be included in the letters and faxes to the Legislators. I took this from another site, from an attorney (John Harris) who understands the legal system, and the way the legislature works in Tennessee.

Have been able to ascertain that this is in fact, a Jackson issue only. Have had research provided by several folks that lead me now to believe that this was a request specifically made by some one in Jackson. Have spoken with several of the City Council Members, and they are working to get this changed. It needs to be reported that they were in fact responsible for getting the issue raised in the first place. Intend to pursue finding out who was responsible for this attempt to violate the Law!

As the MTAS is a taxpayer paid entity, I would think that actions by them that attempt to deny Constitutional rights would fall under the auspices of TCA 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.]

I simply posted the current section 11.604, and the proposed. Proof that there was no private sales code prior to '86, an the current code was last updated in '95. TCA 39-17-1314 says if you had code in effect prior to '86 then the preemption would not affect it, but as Jackson had none, the State preemption limits the ability to institute it now. The new Code is a blatant violation of State Law.

You can bet your bippy I will avail myself of all avenues of approach to "nip" this as soon as possible. First off it flies in the face of TCA 39-17-1314: 39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. — (a) Except as provided in § 39-17-1311(d), which allows counties and municipalities to prohibit the possession of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by a county, a municipality or instrumentality thereof, no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986. Does not say diddly about "dealers" or private sellers, just says counties and cities can not delve into transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof;. It is a grab for power, and attempt to force this down the throats of the public. The full content was not revealed even to the Council. Something rotten in Denmark here!

For those in the Jackson area, and maybe other cites as well, there is a move afoot that bears no good will towards gun owners. Currently under consideration in Jackson is a change to the Municipal Code 11.604. I will post the old version and the new one to be voted on next Tuesday. Old: 11-604. Manufacturing, selling, carrying dangerous weapons.[1] (1) Any person who shall carry in any manner whatever, with the intent to go armed, any razor, dirk, bowie knife or like knife of like form, shape or size, sword cane, ice pick, slingshot, blackjack, brass knucks, Spanish stiletto, nunchaku stick, or a fountain-pen pistol or gun, or like instrument containing a firing pin capable of shooting tear gas or pistol cartridges, or any pistol or revolver of any kind whatever, except the army or navy pistol which shall be carried openly in the hand, or any other dangerous weapon, shall be guilty of a misdemeanor. (2) It shall be unlawful for any person to make, manufacture, sell, distribute, use, or carry with the intent to go armed, a nunchaku stick, also known as karate stick, chaka stick, chuck, morning star, holy water sprinkler and nutcracker flail. Such weapon usually consists of two (2) pieces of hard but flexible wood, such as oak (although pieces of pipe are sometimes used) fastened at one end with a short length of leather or chain. The device generally has two (2) sections of equal lengths. (3) This section shall not apply to the members of the police force or other officers or individuals authorized by law to carry arms, in the city or in the County of Madison, Tennessee. [1]State law reference Tennessee Code Annotated, section 39-17-1314 preempts municipal regulation of the transfer, ownership, possession and transportation of firearms, except that it expressly does not effect ordinances in those areas enacted prior to April 8, 1986. New version: 11-604. Manufacturing, selling, carrying dangerous weapons.1 (1) Any person who shall carry in any manner whatever, with the intent to go armed, any razor, dirk, bowie knife or like knife of like form, shape or size, sword cane, ice pick, slingshot, blackjack, brass knucks, Spanish stiletto, nunchaku stick, or a fountain-pen pistol or gun, or like instrument containing a firing pin capable of shooting tear gas or pistol cartridges, or any pistol or revolver of any kind whatever, except the army or navy pistol which shall be carried openly in the hand, or any other dangerous weapon, shall be guilty of a misdemeanor. (2) It shall be unlawful for any person to make, manufacture, sell, distribute, use, or carry with the intent to go armed, a nunchaku stick, also known as karate stick, chaka stick, chuck, morning star, holy water sprinkler appended as footnote to page #1 1State law reference Tennessee Code Annotated, § 39-17-1314 preempts municipal regulation of the transfer, ownership, possession and transportation of firearms, except that it expressly does not effect ordinances in those areas enacted prior to April 8, 1986. DRAFT COPY 11-11 page #2 and nutcracker flail. Such weapon usually consists of two (2) pieces of hard but flexible wood, such as oak (although pieces of pipe are sometimes used) fastened at one end with a short length of leather or chain. The device generally has two (2) sections of equal lengths. (3) This section shall not apply to the members of the police force or other officers or individuals authorized by law to carry arms, in the city or in the County of Madison, Tennessee. (4) It shall be unlawful to sell, or offer to sell, or to bring into the City of Jackson for the purpose of selling, giving away or otherwise disposing of any prohibited weapon mentioned in subsection (1) above; provided, however, any person licensed by the State of Tennessee to sell rifles or other firearms may stock and sell pistols and/or sidearms to persons desiring them for protection of their home, business or for target practice. However, sales to aliens, persons who have been convicted of a crime of violence, fugitives from justice, persons of unsound mind, minors, drunkards, drug addicts and persons who have been convicted of the illegal sale of alcoholic beverages are excluded. Any person desiring to purchase a pistol or sidearm as above provided shall certify to the seller that he is not one of the persons listed above as excluded from legal sale of such firearm, and the person having the gun for sale, whether it be a firearms dealer engaged in the business of selling firearms, new or used, or any other person, shall file with the chief of police a copy of the certificate as notice of the pending sale. Such certificate must also show the purpose for which the gun is to be used. If, after fifteen (15) days from the time of the receipt of such notice, the chief of police makes no objection tending to show that such proposed purchaser is in fact excluded by law from legal purchase, as set out above, the sale may be consummated and the gun delivered to the purchaser, together with a bill of sale therefor. The fifteen (15) days' notice of pending sale provided for above must be made by registered mail and return receipt requested unless the officer or officers, as the case may be, personally acknowledge receipt of such notice. The certificate to be filed with the law enforcement officer shall carry the right thumb print of the applicant along with the information as to race, height, weight, age, color of eyes, color of hair and sex of the applicant; provided, however, the chief of police may issue a written approval of such certificate, after investigation, within the fifteen (15) day period. The fifteen (15) day period shall not apply to transactions between licensed importers, licensed manufacturers, licensed dealers or licensed collectors who meet the requirements of the first paragraph of this subsection above and certify prior to the transaction the legal and licensed status of both parties. The burden shall fall upon the transferor to determine the legality of the transaction in progress. The fifteen (15) day waiting period shall not apply to transactions or transfers between a licensed importer, licensed manufacturer, or licensed dealer and a bona fide law enforcement agency or said agency's personnel; however, all other provisions and requirements of the, preceding DRAFT COPY 11-12 page #3 paragraph above must be observed. The burden of proof of the legality of such transactions or transfers shall rest upon the transferor. Nothing in this section shall preclude any person eligible to purchase a pistol or sidearm, as set out above, from making an occasional sale of a used or second-hand gun legally purchased by him without being licensed to do business as such, but whenever such sale is made, the same procedure must be followed as is provided above for persons licensed by the State of Tennessee to engage in such business. (5) All reports, receipts or other forms required herein shall be made upon forms prescribed by the chief of police and shall be in addition to any other reports or receipts which may be required to be made by any other law. (6) Any person, firm or corporation violating the provisions of this section, whether by act of commission or omission, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to the general penalty provision of this municipal code of ordinances. (1995 Code, § 11-604, modified) I am concerned that other cities might be trying to usher this change into their Codes as well, the write up came from the MTAS, just as did the Resolutions regarding the Parks Carry Bill. If anyone has knowledge of other municipalities trying to set this up in their codes, I would very much like to know.

Calling the RINO Alexander will accomplish nothing, he cares nothing about what you or I think or want.

I have availed myself of early voting since they started allowing that. I always vote!

Link to the TABC, contained is an electonic method of filing complaints. Tennessee Alcoholic Beverage Commission http://www.state.tn.us/abc/complaint%20against%20licensee%20form%20AB-0095%20update%20031609.pdf If you have knowledge that an establishment is violating the % of food vs. alcohol sales, fill out under "other".

We all need to be vociferous with respect to our Senators and Representatives. Write and call, and let them know that the general population wants the law observed. If we make it an issue, it will get resolved. If we sit on our hands, the status quo will continue. Seems to me if a complaint is lodged, the ABC HAS to investigate. I will research this again and report back.

I think that a call to the local Alcoholic Beverage Commission requesting a "Food Audit" of any establishment that has posted is in order. Part of the problem is our "Good Ol' Boy" model of letting any "bar" enjoy the same insurance rates that "restaurants" have. Make the ABC do it's job, we pay them, they need to be working instead of sitting on their hands. An establishment that does not derive 50 +% of their revenue needs to be fined, and/or shut down under current law. Enforce that! To boycott establishments that did NOT post against our rights is counter productive. Any one of them could have, but those that did not do not deserve to get lumped in with those that did.

I spoke with an "officer of the court" on the last date it was supposed to be heard, when I (nor anyone else) could get word of the decision. Don't know why they changed the date, but you can bet it was not to help our side!

It was apparent that the vast majority of those in attendance were in favor of allowing the licensed, legal citizens to bear arms on County Property. Good solid, down to earth folks with the right approach to the issue. All the speakers were in favor of tabling the resolution. The County Executive seemed to be on the right side of the issue from the onset, and is to be commended on his efforts on behalf of the Citizens of Carroll County. I have been involved in several of these, and can honestly way this one was the most enjoyable so far! Fallguy, it was my pleasure to make your acquaintance in person as well. I look forward to continuing to do our good work in the West TN area.

I will attend if I can rearrange my work schedule. Not sure that an "outsider" will be allowed to speak, but if someone would yield their time, I would be glad to voice my thoughts, with facts and figures to back them up. However, it is always better to have local speakers. If Carrol County Residents want to preclude having a "gun free" Park system, I suggest that they call their friends and acquaintances and muster a reasoned, polite phone and e-mail response to their Commissioners and the County Mayor today. Not sure when the schedule was set for this meeting, but I only found out through the NRA-ILA on Friday. Secondly, it would be good to have the chamber packed with supporters.