Stegall Law Firm

I'll be at the Hendersonville gun show March 24-25. I'll be there all day Saturday, maybe half day Sunday. Come on by, learn about gun trusts and pick up some free Stegall Law Firm swag.

They don't sell guns at that one. Ammo, yes, but not guns.

I don't think there are similar books about other gun manufacturers, probably because none of them have the combination of glamour and controversy like Glock does. You have to admit, Glock (make that GLOCK) did it first and did it best. Are S&W, Ruger, Beretta, et al mentioned in movies or rap songs nearly as much as Glock? It's an interesting read that goes deep into the company's inner workings and how their marketing strategy smoked the competition. Paul Jannuzo, by the way, a major character in the book who was corporate counsel and later North American CEO, was just found guilty in Atlanta of theft and racketeering.

TGO used to enable pingbacks on links that I posted, but I can't find that feature with the new software. Is that no longer an option? Pingbacks, as I understand them, help with SEO and I liked using that with my articles.

Not a one. I thought that was strange.

I'm currently reading Glock: The Rise of America's Gun (http://www.amazon.com/Glock-Americas-Paul-M-Barrett/dp/0307719936/ref=sr_1_1?s=books&ie=UTF8&qid=1329534809&sr=1-1). Jannuzo is a major character in the book and for a long time was a high level exec at Glock. The guy had it all. Corporate counsel for the biggest gun manufacturer in the world, head of US operations. Now he's looking at major time for fraud and is sitting in county for jumping bail. There's a lot of dirty laundry in Glock's business operations.

It probably would get more attention in the news but legally I think the rules of self defense are still more important. In Tennessee it's essentially reasonable fear of death or serious bodily injury. Worry more about that than about what weapon or ammo you're using. Keep in mind too that in a self defense shooting your weapon will be collected as evidence and it could be a long time, if ever, til you get it back. If you have an expensive registered NFA firearm you'll be saying goodbye to it for a while.

Today, Feb. 16, www.survivalblog.com is featuring an article I wrote on NFA gun trusts. Survivalblog has become the place online for survival and preparedness information on topics such as medicine, economics, food storage, weapons, and land acquisition. Jim Rawles, the editor, was very gracious in letting me write this piece. I did notice that the link to my web page at the bottom is broken, and I've advised Mr. Rawles of that and it should be fixed shortly. Check it out: http://survivalblog.com/2012/02/an-overview-of-nfa-gun-trusts-by-patrick-stegall.html

Last one I went to several years ago it was no loaded guns. You could carry but with no bullets.

I'll have a table at the Germantown Agricenter gun show this weekend, Feb. 11-12. Come by and say hello, learn about gun trusts if you're thinking of registering a Title 2 weapon, take a card to keep in your wallet in case you ever have to cap a mother####er, and even pick up some free Stegall Law Firm swag. It'll be a blast. This is my first gun show as a vendor and I'm excited. I am also looking at going to gun shows in Middle and perhaps even Eastern Tennessee throughout the year, so if you're outside Memphis don't despair. I may be coming to your town.

From the Tennessee Court of Appeals, the ongoing case of the man who was given a full pardon from his felony convictions and restoration of firearm rights in Georgia. Does Tennessee have to recognize that? The petitioner is seeking a declaratory judgment that TCA 39-13-1307, which states that felons convicted of violent or drug offenses cannot purchase or possess firearms, does not apply to him. The case was not decided on its merits. On appeal were motions to dismiss filed by the State seeking a dismissal on jurisdictional grounds and/or on failure to state a claim upon which relief could be granted. The appeals court found that the trial court did have jurisdiction and that there were grounds upon which relief could be granted. So the petitioner wins and the case goes back to the trial court, but the appeals court pretty much came out and said that he would not win on the merits. We shall see. There are all kinds of issues involving the full faith and credit clause, the second amendment, the equal protection clause, and other federal and state constitutional provisions. http://www.tncourts.gov/sites/default/files/blackwelldavidopn.pdf

With ages, it's 18 to get in, 21 to party. You can possess at 18 but can't buy til 21. However you can make one if you're between 18 and 20, so you're good gjohnson.

Nothing good happens at that hour. Doesn't really matter if the joint was posted; most folks who carry are not going to be at a bar at 3am. Cooper Young is a nice, white, mostly liberal, gentrified area surrounded by the ghetto. It's had its share of violent crime over the years. The video is actually pretty interesting from a tactics and training standpoint. Makes you see what it can really be like out on the streets.

There's always diversion, which can be used to avoid a conviction on most non-violent first offenses, including felonies. But if memory serves me there have been cases where people who successfully completed diversion still had trouble buying a gun from an FFL. (Another reason to buy through private sale...sorry, gun shop owners.) Another problem is that I'm not even sure diversion existed 20, 30 years ago, so the guy who received a non-violent conviction back then had no recourse. At least today you have that opportunity. There's also restoration of rights but I think that's all over the place. State law, federal law, ATF ruling, who knows. There was a case in Nashville a year or so ago about that but I don't know what happened.

A witnesses prior convictions are admissible under the Tennessee Rules of Evidence. Not all convictions can come in, only felonies or misdemeanors involving dishonesty. Generally the conviction can't be more than 10 years old. The way it gets introduced is that the witness must be asked about it on cross exam. If the witness denies it, public records may be used. This goes for defendants too, if they choose to testify. This is the rule in federal court also (Tennessee's rule closely resembles the federal rule) and probably most other states. It's a pretty well-settled legal concept that at least some types of convictions are relevant to a witnesses credibility. This may not be much consolation, but don't look for the judge to go easy on him in sentencing. I do not think he'll be out by the end of next year as someone said. Let's assume he has little or no prior record and is a Range 1 offender (he's not too old so he hasn't had much time to develop an adult felony record). On a C felony, Agg Assault, that's 3-6 years per count, three counts. The judge could max him out on each and run them consecutive. 18 years. Realistically he may serve half that, maybe a little more or less. If he's Range 1 he could actually go before the parole board after serving 30%, but I doubt they'll release him then.

Regarding the original story in this thread, there could be a lot more going on than what this article is telling us. Asst. District Attorneys have a hard job because much of the time their victims aren't much better than the defendants they are prosecuting. Victims lie, or forget, or have lengthy criminal records of their own. All of these factors and more can influence how a prosecution is handled. In this case, at least one of the victims and the defendant knew each other (in fact they are brothers). So this wasn't a random crime. Maybe it was motivated by revenge? Maybe a drug deal gone bad? So don't eulogize our justice system just yet. There could be much more to this case. I'm sure there is, considering the substantial reduction in the charges--from an A felony down to a C felony, and the state is dropping the gun charges. Trust me, they're not just doing that because they're lazy, or overworked this week, or believe the defendant can be rehabilitated. There is likely a serious weakness in the state's case that would be painfully evident come trial.

While I generally advise talking to an attorney before anyone else, the law in Tennessee is pretty cut and dried on self defense. Like Oh Shoot said, if it's justified you'll know it and the police will too pretty quick when they get there. As long as you didn't pull a Harry Coleman or hit an innocent person, you'll be fine. If you're really riled up, ask to be taken to the hospital so they can check you out. If not, go home (if you're out), have a shot of whiskey, try and get some sleep, and call me in the morning. Don't call a lawyer at 3 am. There's nothing they can do for you then that they couldn't do the next day.

This law (39-17-109) is kind of strange. In the misdemeanor part, it's a crime to either "knowingly trespass or unlawfully enter upon an aircraft, air carrier, foreign air carrier or air operations area or sterile area of an airport serving the general public, if the trespass or entry is in violation of or contrary to security requirements established by federal regulation." Obviously there is a culpable mental state in the "knowingly trespass" part but there is not with "unlawfully enter." Simply walking up there not realizing your gun is in your bag is enough. So that is strict liability and there is no requirement to prove intent. With the felony provision they have to prove intent to commit an act that would be punishable as a felony under state or federal law. Generally in criminal law there is a requirement of both act and mental state, but there are exceptions. DUI, statutory rape, and the felony murder rule, for example.

I don't know. That felony should be a misdemeanor I think. It'll probably get reduced.

The airport charge is 39-17-109. My client was out of state too, but he was from N. MS and Memphis was his departure. To get the affidavit go to JSSI and put in the individual's name under the General Sessions tab. Take the 8-digit booking number and go to this site General Sessions Affidavits/Misdemeanor Citations Retrieval System

Yes it does say 1359 on his affidavit.

Gun accidentally left in backpack grounds Memphis airport traveler » The Commercial Appeal Interesting article here. Earlier this year I represented a man who was charged with taking his handgun into the Memphis airport. Unlike the two guys in this story he was not arrested, but cited, and we were able to secure a dismissal on the first court date. These two haven't fared as well so far. One of the guys from this story, the one from Kentucky, is actually charged with a felony and had to post a pretty substantial bond. I imagine with more people getting carry permits this sort of thing is happening more frequently at airports across the country. It sure is an expensive mistake, and mistake is truly all it is. No culpable mental state is required here, so it's a strict liability crime.

Just to clear something up, simply taking a leak is not going to put you on the sex offender registry. You have to have three convictions for public indecency to get hit with the list. Now if a person's gotten to that point then there's probably something wrong with them, and being on the list for 10 years is probably appropriate. But for first-time offenders, as long as the crime is not too egregious, they have a chance to get it off their record and minimize their time on the list. I'm talking about diversion. Generally the law gives you one free bite at the apple. Only one, but you do get that one. As long as it's not a violent, shocking kind of offense (or DUI). It really depends on the facts and circumstances, as well as the judge, the defense lawyer, and the prosecutor.

Ah, I had forgotten about solar flares. Great. One more thing to worry about.

Historically, the worst have been war-related. Atlanta and Richmond in the Civil War, Stalingrad, Sarajevo, Bahgdad. Bringing war to the people, especially in major urban centers, means desperate times ahead. Our biggest nemesis today, as already pointed out, is our utter, naked dependence on the power grid. I'm not too worried about hyperinflation or an economic depression. Those take years to develop, and the worst you're going to see is maybe an uptick in crime. I'm thinking of a sudden, virtually overnight event. Could be natural or man-made. Would almost certainly be isolated to a specific area. Not sure how realistic a sudden nationwide shutdown is, like in One Second After. I doubt it would be EMP. Maybe a cyberattack? Maybe some kind of airborne superbug? I'm more worried about an earthquake, tornado, or killer ice storm.