Gun Show Loophole

[gregintenn]

7 minutes ago, Garufa said:

I don’t know what’s  worse; a federal agency “clarifying”  definitions of administrative “law” that only results in mass confusion and hysteria, or a federal judge that declares these new rules are on hold for some people, but still applies to others.

 

Neither seems quite legal, wouldn’t you say?

[Garufa]

2 minutes ago, gregintenn said:

Neither seems quite legal, wouldn’t you say?

I’m no lawyer, but neither seem right.

[gregintenn]

13 minutes ago, Garufa said:

I’m no lawyer, but neither seem right.

I agree with you, sir.

 

The fact is, “Shall not be infringed” carries a lot of weight with me.

Edited Wednesday at 11:04 PM by gregintenn

[Garufa]

35 minutes ago, gregintenn said:

I agree with you, sir.

 

The fact is, “Shall not be infringed” carries a lot of weight with me.

Well, 233 years of legislature and court decisions have proven that the definition of “infringement”  is not absolute.

Fun fact:  there are more lawyers, politicians and bureaucrats in this country today than there were people in 1791 US.

[Worriedman]

17 hours ago, gregintenn said:

I wouldn't think that by it's self would pass legal muster. One rule for this group of people and another for everyone else. Should everyone not included in this file suit as well?

It is a matter of "Standing".  I don't make the rules, I just have to live and die by them.  If you want the coverage, join the suit initially.

We seek out plaintiffs for our suits, hard to come by. Nobody wants to stand out in a crowd and be noticed I guess.

The Courts require that to show harm, there must be individual plaintiffs, it takes money and time to write the declarations and brief the courts on them. We chose to join Ken Paxton(State of Texas), GOA, GOA Foundation and other state AGs, (Our State AG declined to join us and went with a different group who were unsuccessful as they did not list individual plaintiffs).

Anyone can play, you just have to be motivated and willing to put yourself on the line.  Similar to testifying in a committee hearing, have to take off work, petition the committee chair, send in your testimony, show up, take the abuse in the hall from the Moms Demand Action hordes and TBI, Sheriff's Association and Department of Safety taxpayer paid lobbyist, Tennessee Holler, NPR etc.

The way it works, if you win in the first stage you get the TRO for the named plaintiffs, as the case progresses it knocks it out for the general population, but nothing moves forward if one person does not take the first step.

Look at Dick Heller, he sued, took him years to prevail, he got a TRO at a lower court, it was set aside by the Applegate Court but he persevered, eventually we all got the fruit of his work.

[Worriedman]

17 hours ago, gregintenn said:

I wouldn't think that by it's self would pass legal muster. One rule for this group of people and another for everyone else. Should everyone not included in this file suit as well?

Either that or wait on the appeals to play out.

Just remember how ATF treated the guy in Arkansas they considered to be breaking their "rules".

[Worriedman]

We have been involved in a suit with the state over TCA 39-17-1307 for two years now, it moves at an agonizing pace.  Won the first round, lost the second so we are refiling, but not giving up.

I have come to the conclusion that no matter who we elect, the Leadership and the 3 letter agencies (though Chevron Deference getting overturned may help with that, it will take suits to curb them though) are not about to give up their power to regulate arms in Tennessee without a fight.

We passes the Constitutional Amendment to put the question on the ballot in 2026 in the Senate, then the House killed it.  That falls directly at the feet of the Speaker of the House Cameron Sexton.

I just passed the 70 year old mark last Saturday, but if God spares me long enough I am going to win the effort to take that power away from these grasping culls who usurped the unalienable right to arms from us in 1870.

We all know it is not a power that was delegated to them, they know we know, but not enough people give a lusty crap to force the issue.

Our Supreme Court in 1871 said it was unconstitutional, Heller resaid it in 2008:
“In Andrews v. State, the Tennessee Supreme Court likewise held that a statute that forbade openly carrying a pistol “publicly or privately, without regard to time or place, or circumstances,” 50 Tenn., at 187 (1871), violated the state constitutional provision (which the court equated with the Second Amendment). That was so even though the statute did not restrict the carrying of long guns.” - District of Columbia et al. v. Heller, 554 U.S. 570, 629 (2008)

Even our new Attorney General Johnathan Skrmetti recognizes that fact, and proved my point by signing the agreed order int he Beeler case:
"The Challenged Scheme regulating the possession and carrying of handguns that restricts individuals aged 18 years old to 20 years old from carrying handguns or obtaining permits to carry handguns on the basis of age alone violates the Second and Fourteenth Amendments to the United States Constitution." (Emphasis mine) proves the contention I make.  It also points to the correct interpretation of the recent Federal Supreme Court Bruen decision by that office.  Yet our General Assembly has not codified that order by a Federal Court even though the DOS has posted it is the law.

I for one refuse to sit on my hands and let the Establishment violate their oath and the law without at least calling them out, but one voice is not enough!

[Frog4aday]

@Worriedman

Your work on behalf of our rights is amazing and yet has to be so frustrating. Justice is slow and people seem so ambivalent at times. And even when you are right and have SCOTUS rulings on your side, you still can't get the TN Gov't to quit violating the law & usurping our rights. Maddening. Thanks for your work & explaining it to us in a way we can understand. 

[Defender]

1 hour ago, Frog4aday said:

@Worriedman

Your work on behalf of our rights is amazing and yet has to be so frustrating. Justice is slow and people seem so ambivalent at times. And even when you are right and have SCOTUS rulings on your side, you still can't get the TN Gov't to quit violating the law & usurping our rights. Maddening. Thanks for your work & explaining it to us in a way we can understand. 

I appreciate you too.  I wish we could at least decriminalize carrying past a gunbuster sign.

[Moped]

Thank you Worriedman, for all the work you do, on our behalf!