Judge Revives Tennessee Gun Rights' Lawsuit

[JAB]

JAB, I just don't subscribe to that kind of defensive, "sky might be falling" outlook - never have, probably never will. Always worried you're going to lose the table scraps they let us have is admitting defeat right from the start... IMHO, of course.

There is a big difference in believing that the 'sky might be falling' and not living in some fantasy world where our courts and legislatures hold strictly to the letter of the Constitution. The fact is that the federal Constitution was broken when ol' Abe Lincoln decided to grant himself UNConstitutional powers leading up to an UNConstitutional war and the nation built him a damned monument and declared him to have been one of our greatest presidents for having done so. In other words, the government (and any of its branches) can get away with anything - even be praised for it - as long as they can convince the public that they are doing the 'right' thing and doing what is 'best' for them or for the country, regardless of what the Constitution says. Being that the federal Constitution can be so easily out-maneuvered, why would you think that a state Constitution would be any different?

Geez, man, I feel as strongly that we SHOULD be following the Constitution as anyone. However, at the same time I live in the real world and have the sense that God gave a goose to recognize that judges and legislators do what they damn well please then justify it by some 'interpretation' of the Constitution - and have been doing so for nearly a century and a half. Can this be fixed? Maybe, but it isn't going to be fixed by some irresponsible jackass who comes across as a half-crazy, self-important jerk even to those who might agree with the basic idea of his argument. Instead, such an individual can only hurt the cause.

Edited February 24, 2011 by JAB

[DRM]

Well you negative Nellies can hold that position, but I'm still wishing on a star that this one works out in our favor

[mikegideon]

Well you negative Nellies can hold that position, but I'm still wishing on a star that this one works out in our favor

I'll be an optimist. I think constitutional carry may happen one day. I just don't think Lenny will be the one to pull it off.

[JAB]

I'll be an optimist. I think constitutional carry may happen one day. I just don't think Lenny will be the one to pull it off.

I can go with that - with the added statement that I think the chances would be a whole lot better of no-permit carry coming to TN a whole lot sooner if no one had ever heard of Voldemort. Of course, when/if it does happen - assuming his irresponsible actions and intentional, armed run-ins with police haven't landed him on the other side of the topsoil by then - I'm sure he'll strut around and try to claim credit for it.

Edited February 25, 2011 by JAB

[mikegideon]

I can go with that - with the added statement that I think the chances would be a whole lot better of no-permit carry coming to TN a whole lot sooner if no one had ever heard of Voldemort. Of course, when/if it does happen - assuming his irresponsible actions and intentional, armed run-ins with police haven't landed him on the other side of the topsoil by then - I'm sure he'll strut around and try to claim credit for it.

Yep. He's just muddying the water. Hopefully, his efforts won't be loud enough to sway the legislation at all.

[Guest HvyMtl]

Well, thankfully, the present legislature seems to have sworn off gun rights (or gun wrongs) legislation for right now. Which, ironically, may be a benefit to us, considering Kwik...

I am still waiting for their promised push for jobs. But instead, they seem focused on a bunch of other, non-job related garbage.

[Guest RussP]

I remind everyone that Kwik is representing himself. How effective do you think that'll be?

I understand what your saying, but he also wrote the paper that got the judge to reverse his previous ruling

Having been around a few judges as a LEO I'd say it's probably more about covering himself then Kwik's arguments. I really don't want a litigious idiot representing a case that will establish case precedence.

Here is what the AG's representative said about the Judge's reversal:

"This decision provides both parties the opportunity to further develop the record," Sharon Curtis-Flair, a spokeswoman for the Tennessee Attorney General's office, said in an e-mail. "Since the plaintiff is representing himself, we consider this an opportunity to ensure he feels he has had his day in court."

Judge revives Tennessee gun rights lawsuit | timesfreepress.com

The part in bold says it all.

[JAB]

"This decision provides both parties the opportunity to further develop the record," Sharon Curtis-Flair, a spokeswoman for the Tennessee Attorney General's office, said in an e-mail.

Honestly, I'd say that this part of the quote is what really, "says it all." An opportunity to further develop the record. Translation: The plaintiff is representing himself and is a very unsympathetic character. We are going to wipe the courtroom floor with his argument. This is an opportunity to set a clear, legal precedent that the handgun carry permit requirement in Tennessee is, in fact, Constitutional.

Again, I believe they want to set such a precedent before someone who is more sympathetic (and has better lawyers) comes along and challenges the HCP requirement. Further, I believe that Ms. Curtis-Flair is basically saying as much in the quoted email.

[mikegideon]

Honestly, I'd say that this part of the quote is what really, "says it all." An opportunity to further develop the record. Translation: The plaintiff is representing himself and is a very unsympathetic character. We are going to wipe the courtroom floor with his argument. This is an opportunity to set a clear, legal precedent that the handgun carry permit requirement in Tennessee is, in fact, Constitutional.

Again, I believe they want to set such a precedent before someone who is more sympathetic (and has better lawyers) comes along and challenges the HCP requirement. Further, I believe that Ms. Curtis-Flair is basically saying as much in the quoted email.

I got the same feeling. My money is on the state.

[GKar]

Sometimes the best way to off someone is to just enable them to do it themself...just keep handing them more rope...

[GLOCKMEISTER]

Kwik is like that ugly mole or big festered zit you wanna squeeze the crap out of but you know if you do it will only make a bigger mess.

He alone has done more to hurt the 2nd ammendment then any one person in this state.. period!!!