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Tennessee Attorney General says State can prohibit wearing of arms in public

Posted on 11/04/2010 6:22:46 PM PDT by kwikrnu

I have a lawsuit pending against the State of Tennessee regarding the carry of firearms. My handgun permit was permanently suspended and the current law prohibits the carry of loaded guns w/o a permit. Loaded is considered the carry or storage of a gun in the vicinity of ammunition. I received a brief from the AG today. In the brief he says, "The Andrews court further explained that prohibitions against wearing arms in public places are permissible." Of course the decision said no such thing, but they wish it did.

Here is the link to the brief:

https://docs.google.com/fileview?id=0B4xDZlk5vthcYjE2NDY5YzktZmNjOS00YzUzLThiZmItOWZiN2NhMGQyZWIy&hl=en


TOPICS: Government; Local News; Miscellaneous; Politics
KEYWORDS: banglist; handgun; permit; secondamendment; tennessee

1 posted on 11/04/2010 6:22:50 PM PDT by kwikrnu
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To: kwikrnu

Just for the record, why was your permit permanently suspended?


2 posted on 11/04/2010 6:26:20 PM PDT by Bean Counter (Stout Hearts!!)
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To: kwikrnu; Bean Counter

Okay nOOb, I’ll bite.

Just why the state of Tennessee “permanantly” revoke your handgun permit and what is a “handgun permit” anyway?


3 posted on 11/04/2010 6:31:02 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: kwikrnu

learn how to post the link next time and maybe people will respond


4 posted on 11/04/2010 6:36:25 PM PDT by phockthis
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To: Vendome

http://www.townofsmyrna.org/police/Handgunpermits.htm


5 posted on 11/04/2010 6:43:48 PM PDT by The Magical Mischief Tour
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To: phockthis
learn how to post the link next time and maybe people will respond

Considering you've only been here since March, maybe you need to relax a bit before jumping all over the new guys... K?

6 posted on 11/04/2010 6:46:08 PM PDT by The Magical Mischief Tour
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To: kwikrnu

What’s “in the vicinity”? 1ft? 10ft? Close enough you can dive and get it? Sounds very vague ....


7 posted on 11/04/2010 6:59:40 PM PDT by SkyDancer ("If You Don't Read The News You're Uninformed, If You Do Read The News You're Misinformed")
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To: kwikrnu
It appears to me that the brief, although it mentions McDonald, fails to consider that McDonald did not address the BEARING of arms, but rather the keeping of arms in the home.

It seems unlikely to me that the right to defend one's life or the lives of one's family members disappears outside the home. The Tennessee statute appears to have an exception which permits the carrying of an UNLOADED firearm. An "unloaded and unconcealed rifle", which is allowed by the statute, is, in fact, a CLUB, which is explicitly disallowed.

I'd be pretty confident that the purpose of these laws was to disarm freed blacks at the end of the civil war. Now they are being used to disarm everybody the government decides should be disarmed.

8 posted on 11/04/2010 7:09:42 PM PDT by William Tell
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To: The Magical Mischief Tour

sounded like a description that enables you to buy gun.

I was thinking CCW guess TN calls it different.


9 posted on 11/04/2010 7:10:18 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: William Tell

What really got me was the Tennessee Attorney General seems to be misquoting from Andrews v State when he said the state can prohibit the wearing of arms.
In fact, in Heller the majority said, “Few laws in the history of our Nation have come close to
the severe restriction of the District’s handgun ban. And
some of those few have been struck down. In Nunn v.
State, the Georgia Supreme Court struck down a prohibition
on carrying pistols openly (even though it upheld a
prohibition on carrying concealed weapons). See 1 Ga., at
251. 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, violated the
state constitutional provision (which the court equated
with the Second Amendment).”


10 posted on 11/04/2010 7:27:40 PM PDT by kwikrnu
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To: Vendome

A CCW is a concealed carry weapons permit or license.
A HCP is a handgun carry permit.
Tennessee issues handgun carry permits after a payment of $115, background check, fingerprints, 8 hour class, range qualification, written test, and a 90 day wait. The qualifications are many, but I meet all qualifications to be issued a permit. I own guns, and in fact possess a federal firearms license. My handgun carry permit is permanently suspended in Tennessee.


11 posted on 11/04/2010 7:35:15 PM PDT by kwikrnu
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To: kwikrnu

>>>My handgun carry permit is permanently suspended in Tennessee.

Why?


12 posted on 11/04/2010 7:37:59 PM PDT by Keith in Iowa (FR Class of 1998 | TV News is an oxymoron. | MSNBC = Moonbats Spouting Nothing But Crap.)
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To: Keith in Iowa

Google his user name “kwikrnu” to discover the answer. Real nut job this one.


13 posted on 11/04/2010 7:43:51 PM PDT by toddly
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To: toddly

Even banned from a puppy forum!


14 posted on 11/04/2010 8:03:17 PM PDT by Eagle Eye (A blind clock finds a nut at least twice a day.)
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To: toddly

They suspended my permit because I sued a State employee and wanted to discredit me. It was also suspended because I carried a blackpowder navy pistol in my hand in an old slave town. If you have any knowledge of Tennessee law and laws quoted by the AG in his brief you’ll see the irony. I have a FFL, am registered with the state board of pharmacy, I am almost finished with my schooling to become a registered nurse, and have been married 14 years with children. I must be a “nut job”.


15 posted on 11/04/2010 8:31:33 PM PDT by kwikrnu
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To: toddly
Is this the article you are talking about? http://lonelymachines.org/tag/kwikrnu/
16 posted on 11/04/2010 8:55:22 PM PDT by Roger_Wildcat
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To: kwikrnu

Is HCP an open carry permit? As opposed to a CCW I mean?


17 posted on 11/04/2010 9:14:54 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: kwikrnu

Your main interest is firearms, you have been here since March and you don’t know that ‘banglist’ is the keyword for firearms/2nd Amendment issues?


18 posted on 11/04/2010 9:49:59 PM PDT by TigersEye (Who crashed the markets on 9/28/08 and why?)
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To: Vendome
"Is HCP an open carry permit?"

In Tennessee, the permit does not specify "open" or "concealed", so it is generally accepted that a permit-holder may carry both ways.

19 posted on 11/05/2010 3:39:44 AM PDT by deoetdoctrinae (Gun-Free zones are playgrounds for felons)
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To: TigersEye

Well, in his defense, I read all the 2nd amendment articles that I notice, and I’ve been here many years, don’t know how many, and I didn’t know that about banglist. In fact, I find it very difficult to find out the conventions like that on FR. I guess I’m just stupid.


20 posted on 11/05/2010 3:43:15 AM PDT by Old_Grouch (63 and AARP-free. Monthly FR contributor.)
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To: TigersEye

Sorry, this forum is difficult to navigate.


21 posted on 11/05/2010 5:58:29 AM PDT by kwikrnu
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To: Roger_Wildcat

That’s pretty interesting. I wonder how many places he’s shopped this story?


22 posted on 11/05/2010 3:42:14 PM PDT by Cyber Liberty (We conservatives will always lose elections as long as we allow the MSM to choose our candidates.)
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To: Vendome

Tennessee, unlike its more civilized and citizen-trusting neighbours, requires a permit to carry a handgun, period. There is no open carry without a license, no permission to carry other weapons (e.g. knives of longer than 4 inch length blades).
Many other states specify in their constitutions that the right to keep and bear arms does not limit the legislature’s ability to regulate concealed carry, and allow for open carry or vehicular open carry. Tennessee will get its pound of flesh, or cash, either way.
What would Davy Crockett think?


23 posted on 11/05/2010 4:09:03 PM PDT by Apogee
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To: Apogee

Funny. My dad introduced me and my brother to Fess Parker and I have enjoyed staying at the Fess Parker Inn for years, while drinking his wine which they have in the rooms.

Sadly, Davy Crockett passed away this year.


24 posted on 11/05/2010 4:21:38 PM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: kwikrnu
It was also suspended because I carried a blackpowder navy pistol in my hand in an old slave town.

Handgun "carry" is commonly understood to mean "in an openly visible holster". What you admit doing is a lot closer to "brandishing", which is a justified offense just about anywhere your life is not in immediate danger or otherwise not legally actively seeking to shoot something.

Yeah, if you're wandering around with pistol in hand (or, as referenced elsewhere, AK-47 pistol altered to look like a toy) and generally understood by all (yourself included) to be doing so for the purpose of attracting attention, then you're not going to get a lot of support around here.

25 posted on 11/05/2010 9:53:12 PM PDT by ctdonath2 (+)
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To: TigersEye; All
If this isn't a firearms/2nd Amendment issue, I guess I do not know what is.
26 posted on 11/06/2010 5:21:07 PM PDT by marktwain
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To: toddly
“Real nut job this one.”

Kwikrnu is doing some heavy lifting for us. This sounds a lot like a personal attack.

27 posted on 11/06/2010 5:22:43 PM PDT by marktwain
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To: ctdonath2; All
“Yeah, if you're wandering around with pistol in hand (or, as referenced elsewhere, AK-47 pistol altered to look like a toy) and generally understood by all (yourself included) to be doing so for the purpose of attracting attention, then you're not going to get a lot of support around here.”

The law in the town referenced required the pistol to be carried “in the hand”. Kwikrnu was showcasing the absurdity of the law. If he had actually broken any law, it would be all over the net. He hasn't. We have way too many laws. I applaud someone who is willing to take a little risk to point out absurd laws.

28 posted on 11/06/2010 5:26:33 PM PDT by marktwain
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