Tenn COA -"Intent to go armed" statute is constitutional

[LawVol]

Looks like "you know who" has lost his challenge to TCA 39-17-1307(a)(1)... At the Court of Appeals level anyway. I kinda doubt it will go any farther than that, though.

If anyone needs some light reading, here's the opinion:
https://www.tba.org/sites/default/files/embodyl_052313.pdf

[Guest PapaB]

I won't defend the idiot but the logic used by the Court is ridiculous imho.

 

 

Our analysis of this issue must begin “with the presumption which the law attaches and which we cannot ignore that the acts of the General Assembly are constitutional.” Vogel v. Wells Fargo Guard Services, 937 S.W.2d 856, 858 (Tenn. 1996).

 

The case they quote actually uses the same exact wording and cites other cases. I thought it was the job of the court to determine Constitutionality, not presume it. Here, the Court seems to be saying that the General Assembly can do no wrong which is pure lunacy to me.

 

I hope one of our lawyers jumps in and shows me what I'm missing.

[LawVol]

that's the standard that has been used, even by the US Supreme Court, for a long time.  It places the burden on the citizen to prove that the law is unconstitutional.  

 

The presumption of constitutionality has its critics, but that's just the way it is.  

[Oh Shoot]

I never understood the "logic" of dropping the administrative appeal to recover his HCP. Seems almost certain if he had just showed up with attorney and made nice, would have gotten it back. His shenanigans were much less nationally publicized than Yeager's.

 

Could have still mounted his various suits and challenges afterwards.

 

At least he occupies rare status these days, perhaps the only FFL in America that isn't allowed to carry a firearm in a shall-issue state.

 

- OS

Edited May 24, 2013 by Oh Shoot

[mikegideon]

I don't think he's capable of making nice. Yeager's case was a whole different deal. He didn't physically go out and scare the bejeesus out of a bunch of sheeple. He just shot his mouth off.

[Guest PapaB]

that's the standard that has been used, even by the US Supreme Court, for a long time.  It places the burden on the citizen to prove that the law is unconstitutional.  

 

The presumption of constitutionality has its critics, but that's just the way it is.  

 

To me, it makes as much sense as school zero tolerance policies and for the same reason, it removes thinking from the equation. It's like a group of judges saying "We're not smart enough to know if a law is Constitutional by looking at it. Somebody show us why a law is unconstitutional so we don't hurt our head with thoughts." If the courts are responsible for determining Constitutionality of laws, there should be no presumption of anything, only a look at the facts.

 

As an example in TN, the court should be able to look at a law and say "this law makes it a crime to wear a firearm, rather than prevent crime, therefore it violates the State Constitution and is void." Some laws are that obvious and to not strike them down, just because the lawyers in the case were arguing about another provision, is a failure to do their duty to uphold the Constitution imho.

[1gewehr]

Actually, the problem I have with this decision is that the phrase 'intent to go armed' is not addressed at all.  The phrase is not defined in TN law, and therefore should be challenged on it's vagueness.  Any time the law tries to make something illegal based on a person's 'intent', it's a bad law.  Acts that harm others should be illegal.  But determining 'intent' is dependent on knowing what the person was thinking at that time.  Proving that in court is usually very difficult without the acts to support it.

[rhyfelwr]

I have a problem with TN gun law, it is unconstitutional and as long as the carry permit holders sit up on their high horse and say "I'm special I took a class for that, etc" and resist lawful change, such as new legislation restricting the tn government from restricing us. Nothing will change.

 

I am glad to see the knife law changed. One small step and all that.