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Fallguy

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Everything posted by Fallguy

  1. I don't disagree Robert...
  2. My understanding is that other states do a backgroung check once a year, that is how their permit can exempt a holder from a check on firearms purchaes. In TN they only do it when you renew (every 4 years) I agree they would revoke your permit if you did something, but mainly I don't think the state wants to give up the $10 everytime a check is made for a purchase.
  3. Pretty sure you'll still have to take the course... These are the exceptions to taking the course in the law... An applicant shall not be required to comply with the firing range and classroom hours requirements of this subsection (e) if the applicant submits proof to the department that within five (5) years from the date the application for a handgun carry permit is filed the applicant has: Been certified by the peace officer standards and training commission Successfully completed training at the law enforcement training academy Successfully completed the firearms training course required for armed security guard/officer registration, pursuant to § 62-35-118( Successfully completed all handgun training of not less than four (4) hours as required by any branch of the military From 39-17-1351(e) http://www.lexisnexis.com/hottopics/tncode/
  4. Is it a 39-17-1359 sign or is it the one that say "Carry where alcoholic beverages are served/sold is a misedemeanor...."? If it is the later, may places still have those even though the law doesn't require it anymore and doesn't apply to HCP holders. It has been reported that some ABC agents have told owners they are still supposed to have them, but that was right after the law change. If it is a 39-17-1359 sign, the fact it isn't posted at the entrance means it is not posted correctly per the law.
  5. Last time I checked one case it has been reset to later this month or May
  6. Ok....I just zoomed in a bit closer on the pic. The bottom part says, "Violators will be prosecuted under T.C.A. 39-14-405" That is the criminal trespass law. So to me it seems he is trying to give the notice on the manner of carry, per the AG's opinion, without having to verbally notify each individual. I would not be surprised if the wording of this wasn't given to him by some lawyer after he said..."I don't want to prevent everyone from carrying, I just don't want them to open carry." So if you don't like to do business with a place that post period....then avoid this place. However if you find yourself there, I don't see how CC would be a problem.
  7. I've seen that sign I've only been inside once and that was just to get change for the air pump. I wasn't OCing so didn't worry about it. But I agree the "Gun Buster" symbol legally prohibits all carry, but it wouldn't appear the owner has a problem with CC or he would just post against carry period" There are a couple of cases of people being charged with 39-17-1359 at the Memphis Airport, but they were caught at the security checkpoint and this was on top of another charge. But I've not heard of any where a HCP were just standing in line etc...and was busted and arrested. Although 39-17-1359 doesn't mention it the AG has said an owner can regulate the manner of carry on their property. If they don't comply with the owner's wishes and are asked to leave, they can be charged with trespassing if they don't.
  8. I agree, I've always said I wouldn't let them "discover" the firearm by seeing it or finding on a pat down. But I've never been asked to step out the vehicle in my life....although the time I mentioned above I was on the motorcycle...so I was already out sort off...
  9. Been legal for several years. The reason signs are still up in some parks is because it would have cost money to change or make new signs, that cost added to the bill would have been enough for some to vote against it. So the law specifically says signs are not to be changed. Whenever a sign needs to be changed for another reason, broken, unreadable etc... the new can leave off the "No Firearms" Clear as mud, huh?
  10. The one time I was stopped and didn't notify, nothing was ever said or asked by either of us.
  11. Don't think I'd leave it in the car. What stops the bad guy from putting the knife to your throat? Or worse using your gun he stole out of your car?
  12. Some may be posted, but not all are. The one in Hardin Co is not. I carried in there a few weeks ago when my sin got his DL.
  13. If you want a copy of where the law changed, it is here http://state.tn.us/sos/acts/106/pub/pc1009.pdf 39-17-1305 was completely repealed. 57-3-204(e) and 57-4-203(k) were deleted. 39-17-1305 was the law that prevented carry where alcohol was served for "onsite consumption". Many years ago it was illegal to carry where alcohol was sold period but that changed in 2001 http://www.tn.gov/sos/acts/102/pub/pc0345.pdf 57-3-204(e) and 57-4-203(k) were the laws that required the signs like in the post by OS to be posted. (One was for places where it was sold, the other for places where it was served for onsite consumption).
  14. Been a bit since I've read the bill, but I'd say its all moot now anyway....
  15. ...or give a reason for anyone to search.
  16. Well all I say is I'll continue to do what I've done because I've not had any issues....(yet at least)
  17. Are you an employer or business owner? This really only applies to them, it does not apply to a residential driveway. But even if this passes and you are an employer or business owner you can still simply not provide a place for people to park, then it won't matter what is in their car. But I see your point to some degree...I feel if I own a business I should be able to tell anyone to leave even if it is because of their race, sex, religion, creed, eye color, hair color and so on, but I can't. None of those particular things are mentioned directly in the Constitution, but the right to bear arms is. So if the government can tell me I have to do business with certain people, even though not mentioned in the Consitution....I don't see it as a big intrusion for them to allow a firearm to be stored in a vehicle in the parking lot.
  18. Is there a way to have a RSS Feed for each sub-forum? The only feeds available are for the Blogs, Calendar and Report Center.
  19. ....and you can. If you don't want to provide parking or allow vehicles period, you can very well do that. However if you do choose to allow other's vehicles onto your property...whatever legally kept items that they have in said vehicle shouldn't be any concern of yours as long as it is out of site and stays within the vehicle.
  20. Ok, ok.... Actually nowhere than I can find says "loaded equals" "intent to go armed". If you have the intend to go armed, doesn't that pretty much mean you have to be in actual possession of the firearm and not have it "stowed" somewhere? Because if having a firearm in your car meant the same as being in possession of it, then many of us violate the law every time we leave it in our vehicle and some location that is off-limits by law. I'm not sure, but I think school law was on the books before the HCP law so that could be why it doesn't mention HCPs, but as I said before if you have a HCP, you have a defense to the intent to go armed. Also what about the AG opinion? http://www.tn.gov/attorneygeneral/op/2009/op/op129.pdf He doesn't say the firearm has to be unloaded. I guess one could assume that, but sometimes it's hard enough to read them period, let alone assuming anything...lol There have been bills in the past that would clear this up by fixing 39-17-1309 and defining "intent to go armed" but like most firearms bills....never have done well....
  21. You know, the more I think about it, the more I'm not sure it has to be unloaded. Having a HCP is a defense to the "intent to go armed" so couldn't that mean if you had a HCP you would fall under sub-section c and not b? Also in the AG opinion about schools using a park, he says a HCP holder could store their firearm in their vehicle and he doesn't mention it having to be unloaded. Thoughts....
  22. The biggest problem is TN law doesn't make a difference (at least in this case) between K-12 schools and colleges and universities. Till then I don't see them ever allowing students to have firearm on the grounds, even in their car. …and maybe not even then.
  23. Legally that is not correct, the law says you can continue to carry with the receipt and your expired HCP. Sort of surprising to me that they took it period though as the last few times I've been and taken my kids, they didn't even take old DLs, just punched a hole in them and gave them back.

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