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MikePapa1

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Everything posted by MikePapa1

  1. No, Jay, I agree. In your example I see no way to charge you. I've done that myself when driving. If people see a gun in your hand, however, in my experience, your chances of being charged go up exponentially.
  2. LOL. Well, you MIGHT be right. My experience with the Court of Criminal Appeals leads me to believe otherwise. Frankly, I think even if the the conviction were clearly erroneous you'd have a 50/50 chance of it being overturned. Be that as it may, by the time you've gotten to the CCA, you're out about $25,000 give or take. Frankly, it's OK with me. I have people everyday who don't listen. That's how my son's in engineering school and my daughter's getting ready for law school. I think of it as an annuity.
  3. There is an exception I wanted to mention though. Somewhere earlier in the thread, someone mentioned arriving home and finding the door open. In that case I'd have no hesitation about drawing my gun to investigate because the law is clear if there is an intruder in your home they are presumed to be a lethal threat. On the street, however, the onus is going to be on the armed individual to prove that he acted reasonably in response to a direct threat. I have had several incidents where I put my hand on my weapon in response to a potential threat, but I've never been forced to unholster. I could see an instance where I'd be willing to unholster, and place the gun at the side and slightly behind my thigh ala police procedure, but I'd have to justify even this behavior. If you draw your weapon where others can see it, unless you can prove you had cause to do so, I think the chances of you being charged approach 90%.
  4. As a lawyer actively practicing in Sumner County, if you unholster your weapon and show it, you are brandishing. DAs vary from county to county, but here if you unholster your weapon unless acting directly in self defense you will be charged either with Aggravated Assault or Reckless Endangerment, generally the latter. You'd only be charged with the Agg Assault if you pointed it at someone, but you will be charged with Reckless Endangerment unless you convince first the LEOs involved and then the DA that your actions were NOT reckless. I see this all the time, though not necessarily with guns. My last time was a 63 year old janitor who'd recently had open heart surgery who woke up to his grown son, drunk, arguing and threatening his heart patient mother. When my client intervened, the son pushed him. He picked up a knife from the kitchen counter and told his son not to lay hands on him again. Stories varied, but the son ended up with a small cut on his forearm, so my client was charged with Aggravated Assault. We had a preliminary hearing and Judge Hunter dismissed the case finding my client was acting in self defense. The DA elected not to take it to the Grand Jury anyone so the case against my client was over but he was arrested, had to pay a $10,000 bond (Standard bond for a Class C Felony), had attorney's fees and missed three days of work while they raised the bond money. He won, but it still cost him. Something to think about before you unholster your weapon unless under direct threat.
  5. Actually, Tennessee law makes it a felony (Class E Felony) for a convicted felon to possess a handgun. Frankly, that's a minor detail in the felon's life because 18 USC 922(g) makes it a federal felony for a felon to possess any firearm and is punishable by 10 years in the federal penitentiary. I think what you are thinking of was the amendment to include all felonies in the Tennessee restriction rather than drug related or violent, as had previously been the case. Therefore, even something like altering a license plate ( I recently had someone who'd pled guilty to altering a temporary tag on a car, a Class E Felony, who was upset that after 10 years he could no longer own a handgun. There are a lot of felonies which now effectively remove the right of otherwise law abiding citizens from owning weapons.
  6. Felons should never be in possession of a firearm. There is some gray area regarding black powder weapons are not "firearms" within the meaning of federal law. Though I know of no case law on point, I have been arguing with a Sumner County DA as to whether they are prohibited weapons under Tennessee law. I argue that are not. As to sex offenders, I can't think of any misdemeanor that puts you on the sex offender register.
  7. A nice looking piece. I'm jealous.
  8. LOL. Apparently it isn't a rumor. Thanks. I look forward to them opening. It might, just might, make it worth going to H'ville.
  9. I'll probably leave it alone initially to see how it fits and if I like it. I ordered my son one for his Sig 226 so I'll compare notes with him and see. For the sale price, I'm happy to give it a try.
  10. Thanks. Have you been there? I've not heard much about this range other than it's there. I've been to Ashanbranner's range here in Gallatin, but am looking for a more sophisticated range. I like Guns & Leather but Greenbrier is further than I really like to go regularly. The rumor is that G&L are looking for a site in H'ville to build a state of the art range. I hope that's true.
  11. I went and ordered a Kholster today for the sale price. At that price it's worth a test, I too, have an CST that I really like, but I'm always willing to try new products for comfort and concealablity for large frame smeis.
  12. I have the whole discography of Bob Wills and the Texas Playboys on my iPhone. Great music.
  13. Thanks for this thread. I've looked at shoulder rigs because I really like to carry a Sig 226 and, frankly, in casual clothes or the summer, that's really tough. Though I wear a suit every day, large guns are still a problem. I end up with a .380 in my pocket or a tuckable IWB holster for the Sig 250 sub. I think based on these comments, I won't waste the money on a shoulder rig but will invest in a better quality and more comfortable tuckable.
  14. Mine, too, was a Lorcin, but in .380. It came in a group of twelve guns, pistols and long guns I took as a retainer. I fired it once, it scared me to death and it was sold at a pawn shop for $32 and I felt like I'd just robbed the place.
  15. The range and my Tennessee Walker with an adult beverage after either.
  16. I'd like a concealed carry holster for my XD9 so I think I'll try the Kholster. I'd have ordered today but the sale starts tomorrow. I have a Cross Breed for my Sig 226 and am happy with it, but for the price I'll give the Kholster a try.
  17. Thanks, Rusty. Next time I'm down that way, I'll take a look at it.
  18. I don't carry a 1911, and was, frankly, always a bit concerned about carrying one "locked and cocked." Not too lonh ago, however, I bough a Colt Pony in .380 as a backup and casual carry weapon. As you may know it functions exactly the same manner as the 1911. After making myself familiar with it, used it at the range, trying to make it malfunction, I concluded that the locked and cocked method is the only really safe way to carry the gun. As a matter of fact, I'm wearing a 511 Tactical shirt with it locked and cocked now. I'd be too afraid to carry it any other way than locked and cocked.
  19. I can recommend this shop. It's run jointly by Joey of Joey's Carpets and Charlie Wilson who is a young GPD officer. Good deals, good service. I bought a Springfield XD9 there and used them as a receiving FFL at a nominal fee. They'll work with you and get whatever you might need.
  20. My son loves his 238, sounds like a good choice for you, as well. Welcome to TGO and to Sumner County.
  21. I heard there was a new gun range in Hendersonville, but didn't get where it was can anyone tell me?
  22. I like my Sig Mosquito. It's size and weight mimic my Sig P226, it even fits the holster. It's been perfect for me to up my shooting without paying and arm and a leg for ammunition.
  23. Mine's 9mm 115gr Federal Hydro-shok +P+.
  24. No, Rightwinger, I've never been an officer with Gallatin. I've been in Gallatin, practicing law, since July 1999. Thanks, though for the welcome. I think I'll like this place.

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