Q for OhShoot or one of the other legal eagles...

[Guest Muttling]

Could you give me a link to that strange Tennessee clause that says you can't be charged for carrying without a permit if you use your sidearm in a situation that is a legally justified shoot to defend?

I want to show it to another paralegal I work with.

I would also appreciate a link to the one case where they started to use it and the guy pleaded before it could be ruled on if you have it.

Thanks!!!!

[Oh Shoot]

Could you give me a link to that strange Tennessee clause that says you can't be charged for carrying without a permit if you use your sidearm in a situation that is a legally justified shoot to defend?

I want to show it to another paralegal I work with.

I would also appreciate a link to the one case where they started to use it and the guy pleaded before it could be ruled on if you have it.

Thanks!!!!

39-17-1322. Defenses. —

A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.

"under this part" is generally conceded to be any of the prohibited carry statues (I think).

Btw, I'm not even a legal buzzard, let alone an eagle!!

Incidentally, all weapons statues at:

http://www.michie.com/tennessee/

You want 39:17:13 (frames site, hard to give direct URL for it all)

- OS

Edited January 7, 2010 by OhShoot

[Guest Muttling]

thanks!!!

[BigDaddyx4]

Check out this thread regarding a case where the above clause almost came into play.

http://www.tngunowners.com/forums/tennessee-politics-legislation/21598-when-threaten-judge-says-least-point-your-gun.html

[Mark A]

[quote

"under this part" is generally conceded to be any of the prohibited carry statues (I think).

- OS

Including in restaurants? If you just had it in a restaurant you could get charged but if you USED it in self defense you don't get charged?

Mark

[Oh Shoot]

[quote

"under this part" is generally conceded to be any of the prohibited carry statues (I think).

- OS

Including in restaurants? If you just had it in a restaurant you could get charged but if you USED it in self defense you don't get charged?

Mark

I assume you mean a booze serving restaurant?

If so, yeah, that's the spirit of the statute as seems to be generally interpreted.

Presumably, even a school, too.

Actually, the way it reads, even if you had a violent felony on your record, you wouldn't be charged with what would otherwise be unlawful carrying of a firearm.

If you have to shoot someone in a Federal building, though, would be between you and Uncle Sam rather than state of TN.

- OS

Edited January 7, 2010 by OhShoot

[Guest Muttling]

LOTS of good discussion going on here folks. I need to think before I can add to it, but I really like the discussion.

As for my original post, it's good and I thank OhShoot for helping me out. Now lets just let this thing go and take it wherever it leads.

[Oh Shoot]

...

As for my original post, it's good and I thank OhShoot for helping me out. Now lets just let this thing go and take it wherever it leads.

Lordie, THAT sounds ominous!

(I won't have bail money).

- OS

[Guest Muttling]

Lordie, THAT sounds ominous!

(I won't have bail money).

- OS

LOL

[Guest SUNTZU]

I assume you mean a booze serving restaurant?

If so, yeah, that's the spirit of the statute as seems to be generally interpreted.

Presumably, even a school, too.

Actually, the way it reads, even if you had a violent felony on your record, you wouldn't be charged with what would otherwise be unlawful carrying of a firearm.

If you have to shoot someone in a Federal building, though, would be between you and Uncle Sam rather than state of TN.

- OS

I saw an episode of the First 48 in that shining example of a city, Memphis, where a felon defended himself with a handgun and killed one of his attackers while the other ran away. The surviving assailant was caught and charged with murder but the felon who defended himself was charged with being a felon with a firearm and went to prison according to the summary of the show. Yep, it was a TV show, just telling you what I saw.

[Oh Shoot]

I saw an episode of the First 48 in that shining example of a city, Memphis, where a felon defended himself with a handgun and killed one of his attackers while the other ran away. The surviving assailant was caught and charged with murder but the felon who defended himself was charged with being a felon with a firearm and went to prison according to the summary of the show. Yep, it was a TV show, just telling you what I saw.

Well, actually, is it a federal offense for a felon to possess a gun, too?

Don't know when the state law added 39-17-1322. Maybe the show's research team didn't actually blow it at the time?

Also, is it also a federal offense for felon to posses a firearm, too, if they want to prosecute?

- OS

[Guest SUNTZU]

I don't know, but I'd like to. Seems an issue of you won't get charged with this.....but you will get charged with that.

[Chucktshoes]

I saw an episode of the First 48 in that shining example of a city, Memphis, where a felon defended himself with a handgun and killed one of his attackers while the other ran away. The surviving assailant was caught and charged with murder but the felon who defended himself was charged with being a felon with a firearm and went to prison according to the summary of the show. Yep, it was a TV show, just telling you what I saw.

I remember when that happened and IIRC he wasn't actually charged, he was locked up for a parole violation, and after a couple months they let him back out.

[Guest SUNTZU]

Was the parole violation the handgun possession? It was about a year ago, so I don't remember all of the details. I'm going to look for it.

[Chucktshoes]

Was the parole violation the handgun possession? It was about a year ago, so I don't remember all of the details. I'm going to look for it.

Yep, the violation was for gun possession. I was working in South Memphis at the time and I think it was around 1.5 to 2 years ago. I did a quick search on the Commie Appeal but couldn't find it.