Radio interview this week

[Fallguy]

If you want to hear it, go here:

http://wxmx-fm.fimc.net/goout.asp?u=http://drakezeke.com

then click on the tab marked Podcasts, under today's date choose the file named 021009 820.mp3 and then the interview/call ins continue into the next file (840).

The question from the guy asking about it being a worse offense if he was caught smoking weed while carrying is the one that made me about fall out of my chair.

Here & here are direct links to the MP3s if you'd like.

[RoDan]

Cool, glad its up on their podcast. I got the recording of it but it didn't work like I had planned, and the software didn't record long enough. Great job! One of the better if not the best interviews on their show in a LONG time, for sure.

[Guest db99wj]

One of them, I don't know which is which, don't listen to them, said when during the discussion of off limit carry, the caller asked about park carry, then it morphed into alcohol and carrying, not drinking, etc, anyway, one of them said "illegal to carry in places like grocery stores" while drinking and went on.

This issue irks me to no end, the misinformed always talk about or say things like "Bar carry" "carry in a bar", not Restaurant Carry. The conversations always sound like that we want the ability to carry into a night club. The real issue for me and I assume most permit holders, is that we want to be able to go eat at a place other than fast food and not have to disarm. This is a point that has to be talked about and brought up to the front because most media folks don't put it out like that. It's always bar carry. Patrick you talked about consumption.

Also on the buying, one of them said basically You don't even have to fill out a form, they will do it for you. It was more of a smartass type comment, but nonetheless.

Patrick, you did a great job!

[Fallguy]

Patrick, overall I think you did a great job.

Especially on questions/issues about

• The Second Amendment
  
• Use of deadly force on protection of property
  
• Laws on Tasers and Chemical Spray
  
• Explaining Second Degree Murder
  
• On carry in car in TN without a permit
  
• Explaining about not needing a permit in your house or business
  
• To the pot guy about the difference between a felony and a misdemeanor while armed.
  
• About the difference between TN and Federal law on a felon using a firearm for self-defense
  
• Parting information on talking to a lawyer after a shooting
  

Of course I know the time constraints on a radio show don't always allow you to give the same answer one might given more time and access to reference material...so please don't think I am picking apart the answers you gave. But.....there are some areas I'd like to ask you about.

• Reciprocity There are many states that honor a TN permit and states whose permits TN honors without actual written reciprocity agreements between the two state.
  
• Private sales While no paperwork is required for a private transaction in TN. There are laws that say you must not have reason to believe the person can not purchase/posses a firearm. 39-17-1303(a)(3)
  
• Brandishing a firearm As you said many times though, you have to have a reasonable belief of immanent death or serious bodily injury before you can use deadly force. So...do you really think that someone simply flashing a firearm and recovering it would constitute that? Of course I know each situation is different and the caller on the show mentioned that verbal threats had just previously been made as well.
  
• Arrest on a Class A misdemeanor/Domestic Violence 39-17-1352(a)(6) basically says that if you do anything that would keep you from getting a permit in the first place, then your permit could be suspended or revoked...which includes being under indictment for Domestic Violence 39-17-1351©(6) However in general simply being arrested for a Class A misdemeanor does not cause your permit to be revoked or suspended. Only a conviction of a Class A misdemeanor. 39-17-1352(f)(1)
  
• Gun on Dash LOL, while it does seem funny for this area, and granted that is the only area you were dealing with...some states actually do require the handgun to be on the dash if you do not have a permit to carry a handgun.
  
• Purchase of Firearm and Getting a permit to carry. While it really was more just the way the discussion when, at times it was a little blurry as to when Purchasing a firearm was being talked about and when Getting a permit to carry was being discussed. At least you did try to clarify it a couple of times.
  

As I said, please don't think I am picking things apart, the above in red is simply my take on the issue and I admit you have more experience in these matters, so any correction or clarification is greatly appreciated.

[RoDan]

Yeah, there was mention of something like carrying in Kroger not being legal, which is obviously not true anymore. Seriously though, Patrick did a great job of clarifying as much as possible... it had to have been hard with both of them stepping on toes running the show.

At least the blind guy has a good sense of direction... though, could be a problem if the intruder is a ventriloquist or, like Zeke said, the mute neighbor. lol

[Guest Revelator]

Duly noted, Fallguy. I'm not surprised I got a few things wrong. I was just going off the top of my head on some things. And I honestly don't know if simply brandishing a gun would be justification for deadly force. You could probably argue it both ways.

[Fallguy]

Duly noted, Fallguy. I'm not surprised I got a few things wrong. I was just going off the top of my head on some things. And I honestly don't know if simply brandishing a gun would be justification for deadly force. You could probably argue it both ways.

Thanks for understanding.

You are a better man than I to have gone on live radio to answer such questions.

I usually do a lot of looking up before answering a question on here and still have to correct myself sometimes.

[Oh Shoot]

....

• Arrest on a Class A misdemeanor/Domestic Violence 39-17-1352(a)(6) basically says that if you do anything that would keep you from getting a permit in the first place, then your permit could be suspended or revoked...which includes being under indictment for Domestic Violence 39-17-1351©(6) However in general simply being arrested for a Class A misdemeanor does not cause your permit to be revoked or suspended. Only a conviction of a Class A misdemeanor. 39-17-1352(f)(1)....
  

I've wondered what the theory of this actually is.

As I read the statutes, if you did NOT yet have a permit, you could still get one even if you were under indictment for a Class A misdemeanor, or had just been convicted of one, even if you had not finished the terms of the sentence, jail time, probation, financial restitution, whatever.

And yet, if you ALREADY have permit, it will be taken away for the duration of the sentence.

Seems a strange inconsistency to me, FallGuy.

Patrick?

(and by the way, I've downloaded the interview, "spot listened", will listen in entirety tomorrow, sounds like a great job, kudos).

- OS

[Fallguy]

I've wondered what the theory of this actually is.

As I read the statutes, if you did NOT yet have a permit, you could still get one even if you were under indictment for a Class A misdemeanor, or had just been convicted of one, even if you had not finished the terms of the sentence, jail time, probation, financial restitution, whatever.

And yet, if you ALREADY have permit, it will be taken away for the duration of the sentence.

Seems a strange inconsistency to me, FallGuy.

Patrick?

(and by the way, I've downloaded the interview, "spot listened", will listen in entirety tomorrow, sounds like a great job, kudos).

- OS

Don't you just love the law?...lol

[Punisher84]

Duly noted, Fallguy. I'm not surprised I got a few things wrong. I was just going off the top of my head on some things. And I honestly don't know if simply brandishing a gun would be justification for deadly force. You could probably argue it both ways.

If I don't know you and you aren't wearing an identifier as an LEO or the place I'm at Security, you are getting two to the chest.

I can't see how brandishing a weapon at someone couldn't be construed as a reasonable fear. I'm not gonna go "Hey Pat, that dude's got a gun pointed at my face. I wonder what his intentions are?" LOL

[RoDan]

The term "brandishing" is often misused. It basically means that you are waving the gun around and it is in your hand, and you are doing so in a threatening manner. It seems that many people use brandish to mean simply showing the gun. Lifting your shirt up to revel a weapon is not brandishing it. If the gun is in the guy's hand, any reasonable person could assume it is there because they are about to use it. So sure, if they are truly brandishing the weapon, I don't see an issue. However, if they are merely showing their weapon in a suggestive "get the hell away from me, I've had a bad day" manner, then it hasn't gotten to the point of reasonable intent, ability and jeopardy and you would probably not be justified in the use of deadly force.

Edited February 11, 2009 by RoDan

[Guest truthsayer]

I've wondered what the theory of this actually is.

As I read the statutes, if you did NOT yet have a permit, you could still get one even if you were under indictment for a Class A misdemeanor, or had just been convicted of one, even if you had not finished the terms of the sentence, jail time, probation, financial restitution, whatever.

And yet, if you ALREADY have permit, it will be taken away for the duration of the sentence.

Seems a strange inconsistency to me, FallGuy.

Patrick?

(and by the way, I've downloaded the interview, "spot listened", will listen in entirety tomorrow, sounds like a great job, kudos).

- OS

FWIW, a buddy of mine had a BS domestic charge pending and called me after his 4473 was rejected.

[Fallguy]

The term "brandishing" is often misused. It basically means that you are waving the gun around and it is in your hand, and you are doing so in a threatening manner. It seems that many people use brandish to mean simply showing the gun. Lifting your shirt up to revel a weapon is not brandishing it. If the gun is in the guy's hand, any reasonable person could assume it is there because they are about to use it. So sure, if they are truly brandishing the weapon, I don't see an issue. However, if they are merely showing their weapon in a suggestive "get the hell away from me, I've had a bad day" manner, then it hasn't gotten to the point of reasonable intent, ability and jeopardy and you would probably not be justified in the use of deadly force.

That's what I'm talking about.

I mean how do you know he wasn't moving his coat back to get his wallet or something?

...and you can't go around shooting anyone that chooses to OC just because you saw their gun.

Now...as with many situations we discuss, there are hundreds of variables we can't always get into. So...I'm not saying that there would never be a situation in which it would be reasonable to fear for you life if someone showed a weapon...I just meant in general.

[Warbird]

I would also think the better argument would be brandishing a weapon. If a guy has a bat raised or a knife out in his hand, is that a situation where you are in mortal danger? Could be. If you two are separated by a vehicle or other such object it would certainly be different than if they are your face. Yeah sure he could throw the bat or knife, I would say your chances of getting out of that situation are better if there's an object separating you two.

As was said there are an almost unlimited number of scenarios. I would contend the better trained, informed, practiced and are you are the better you will judge situations.

[Oh Shoot]

FWIW, a buddy of mine had a BS domestic charge pending and called me after his 4473 was rejected.

Was it a charge that could have a year or more imprisonment involved?

If so, that would be in keeping with the statutes for denial of carry permit, and I assume, without looking it up, firearm purchase also.

- OS

Edited February 11, 2009 by OhShoot

[Farman]

Just listened to Patrick's interview, GOOD JOB! Maybe you should run for something.

[Guest pjblurton]

Great job Patrick!

I still shake my head at how nonchalant people are in regards to knowledge of things as serious a personal protection and self defense. Like, listening to my best friends step brother in law's cousin who has a buddy who used to be a security guard at Dairy Queen and he said... Blah!

I just wish people had the intelligence to seek out the facts for themselves and stop relying on goobers for information that could save your lives.