[Open Carry] What legal weight does a State Attorney General opinion carry?

[DaveTN]

I have another legal question about Tennessee. I’m pretty sure there are no lawyers here but I’ll post it anyway. What legal weight does a State Attorney General opinion carry? Does it mean that a Sheriff or the Chief of Metro can’t say that they don’t agree with opinion and are going to arrest people that carry openly?

[Guest Hyaloid]

My understanding, and I may very well be incorrect, is that it will be used in the interpretation of the law by the DAs (they're the ones that probably matter the mostest ) and/or other legal entities. I think that they can still arrest you if they so choose, but to do so would be in direct violation of the interpretation by pretty high ranking government official, and as such would be a gross misappropriation of tax payer's money.

If nothing else, if you go to court, sure looks good on your side.

A very good line of inquiry DaveTN! Hopefully someone with more knowledge will chime in!

[Guest Todd@CIS]

Dave, my Dept (located in Rutherford Co) falls in lockstep with AG opinions.

I my experience, the DA's do as well.

Is it 100%? Maybe not, but as Hyaloid said in his excellent post, I wouldn't want to be the DA going up against an AG opinion in court.

[Guest Hyaloid]

I have another legal question about Tennessee. I’m pretty sure there are no lawyers here but I’ll post it anyway. What legal weight does a State Attorney General opinion carry? Does it mean that a Sheriff or the Chief of Metro can’t say that they don’t agree with opinion and are going to arrest people that carry openly?

I can't wait to hear the illegal questions! But if I answer them am I an accessory?

[BIG ROB]

What Todd said is correct. The AG's opinions are followed pretty closely.

I believe a jurisdiction can make a city or county ordnance that would require concealed carry. The State makes laws but local governments can make the law a little stricter. Kinda like Memphis having a primary seatbelt law for years even though the state had it as a secondary. My understanding is a jurisdiction can make laws stricter but not less strict if that makes sense.

[Marswolf]

The AG has ruled that the state can not make you buy tax stamps for illegal drugs. I think someone is going to take the issue to court and challenge him on the issue.

[Mike.357]

The AG has ruled that the state can not make you buy tax stamps for illegal drugs

Another prime example of why this country is going to hell in a basket. Why in the world would anyone but drug dealers not want this law in place?

[DaveTN]

Another prime example of why this country is going to hell in a basket. Why in the world would anyone but drug dealers not want this law in place?

The state law, which has been in effect since 2005, requires people to buy tax stamps for illegal drugs and liquor, just as wholesalers must buy for cigarettes. The law allows the state to go after the belongings of people who are caught with illegal drugs or alcohol that don't bear the special tax stamps.

No one cares if they are only going after crack users and pot users. (Except of course the crack and pot users than are going to have their homes seized )

Unless of course someone has the idea that they can use this law to seize the assets of the old people that board buses in Nashville for the trip to Canada to buy their prescription drugs because they can’t afford them here. I have not read the law about the taxes; could it be applied to our elderly, many of whom have to decide between food and their prescription meds? It is my understanding that these are illegal drugs.

[The Rabbi]

The drug tax stamp was struck down. Something about the state cannot grant a privilege (a tax stamp) on an activity that it also considers a felony. Strike one for common sense.

As for the other, an AG opinion ranks lower than a court opinion and above a DA's opinion.

In this great country of ours you can be arrested for anything.

[Marswolf]

Rabbi, the drug tax stamp thing was opined to be unconstitutional by the AG, but hasn't been struck down by the courts, as I understand it. I hear that the AG opinion may be challenged in court.

[The Rabbi]

No, Mars. Actual court decision, about to be appealed to the Tn Supreme Court.

Tenn. officials to appeal ruling on 'crack tax'

Attorney general made decision to ask high court

By ERIK SCHELZIG

Associated Press

State officials have decided to appeal a ruling that Tennessee's tax on narcotics is unconstitutional.

Revenue Department spokeswoman Sophie Moery said the attorney general plans to ask the state Supreme Court to hear the challenge to a Court of Appeals' ruling earlier this month that the tax is "arbitrary, capricious and unreasonable."

The so-called "crack tax" has been on the books in Tennessee since 2005.

It requires people to buy tax stamps for illegal drugs and liquor, just as wholesalers must buy for cigarettes.

The law allows the state to go after the belongings of people who are caught with illegal drugs or alcohol that don't bear the special tax stamps.

Information obtained from the sale of the drug stamps cannot be used in criminal cases, but buying the stamps does not provide immunity from prosecution.

Steven Waters, a Loudon County carpenter, challenged the statute last year after revenue agents sought to seize his home after a drug sting.

A county judge found the drug tax violated the Fifth Amendment right against self-incrimination.

The appeals court upheld the ruling but for a different reason: The state shouldn't be allowed tax activities it considers illegal.

Burden of proof differs

Critics have argued that defendants acquitted on drug charges can still be forced to pay thousands of dollars or turn over property because the Department of Revenue's burden of proof is lower than it is in criminal cases.

The illegal drug tax stamps cost $50 per gram of cocaine or $3.50 per gram of marijuana. Last year the state collected $1.8 million of the $43 million it assessed.

In 2005, the first full year of the law, Tennessee collected $1.7 million of an assessed $32 million.

Gov. Phil Bredesen, a Democrat, who previously said the drug tax collections should be shut down because of the appeals court's ruling, said earlier this week that he has deferred to the attorney general about whether to appeal.

"That one wasn't my piece of legislation," Bredesen said about the tax.

[Guest Hyaloid]

As a side note, another benefit to the Fair Tax... everyone pays, even drug dealers.

[Marswolf]

My mistake Rabbi. Thanks for straightening me out. Should have listened to the news story more carefully. I got it bass ackwards. The courts say we can't do it but the AG thinks we can.

[The Rabbi]

S'okay Mars. Everyone makes mistakes. I seem to remember making one myself back when Carter was president.....

[fury2neon]

S'okay Mars. Everyone makes mistakes. I seem to remember making one myself back when Carter was president.....

You didn't vote for him did you?!?!

Sorry, couldn't resist.

[The Rabbi]

You didn't vote for him did you?!?!

Sorry, couldn't resist.

No, actually that was my first election (1980). I was registered in GA and voted absentee, being in college. I voted for Reagan. Did it again in 1984. I would vote for him even today. Even dead he's a lot better than anyone else running.

[towerclimber37]

No, actually that was my first election (1980). I was registered in GA and voted absentee, being in college. I voted for Reagan. Did it again in 1984. I would vote for him even today. Even dead he's a lot better than anyone else running.

Amen to that!!

[ame]

[/ame]

[Guest GregRN]

...Reagan... I would vote for him even today. Even dead he's a lot better than anyone else running.

Amen and +1000.

Although, Fred may be close.

[The Rabbi]

Reagan governed CA and had an excellent record as an administrator there. Fred has no such record, unfortunately. He is witty though.

[Tim Nunan]

I have another legal question about Tennessee. I’m pretty sure there are no lawyers here but I’ll post it anyway. What legal weight does a State Attorney General opinion carry? Does it mean that a Sheriff or the Chief of Metro can’t say that they don’t agree with opinion and are going to arrest people that carry openly?

It's still just an opinion, albeit presumably a fully informed one until ruled on in a court; just need someone with lots of financial resources to test it.

[Cannon Fodder]

Another thing just to tax us to death. Before it is over with they are going to pose special taxes on sex and possibly put sex meters on your better or worse half. That would be like paying a hooker that you are already contractually attached to if married.

[fury2neon]

No, actually that was my first election (1980). I was registered in GA and voted absentee, being in college. I voted for Reagan. Did it again in 1984. I would vote for him even today. Even dead he's a lot better than anyone else running.

From your mistake comment I just thought you might have voted for Carter...

I would vote for Reagan too, I didn't get the chance because I was a young whippersnapper when he was president.

[bajabuc]

Another thing just to tax us to death. Before it is over with they are going to pose special taxes on sex and possibly put sex meters on your better or worse half. That would be like paying a hooker that you are already contractually attached to if married.

That's not so hard to imagine. A northern European country experimented with a "sex stamp book" I'm not sure if it's still law, but, a married couple had to buy a book of sex stamps every 30 days...when you got lucky you tore off a stamp. Even if you didn't have a use for the stamps...you had to buy a new book of stamps every month. This created a number of divorces...unmarried cohabitors don't have to buy the book of stamps. In Denmark, Norway and Sweden, cohabitation is very common; roughly 50% of all children are born into families of unmarried couples. (Thanks Wipipedia)

[Oh Shoot]

Under 4 years, baja ... good to see you're keeping more current.

- OS

[DaveTN]

Under 4 years, baja ... good to see you're keeping more current.

- OS

The forum was only 4 years old in January; he must be nearing the end of the archives.