Posted on 02/19/2011 4:54:21 AM PST by kwikrnu
I've had a lawsuit against the State of Tennessee since May 2010. My lawsuit claims that the State unlawfully infringes upon the rights of the people to bear arms and that a law, tca 39-17-1307(a)(1), which was introduced in 1989 is unconstitutional. The law makes it a criminal offense for anyone to carry a loaded firearm in public. There are several defenses; hunting, fishing, handgun permit, being a judge or law enforcement, or carry on private property. I have standing because I have been denied a handgun carry permit and unless I'm hunting or fishing it is a criminal offense for me to carry a gun in public. The suit was dismissed in January in summary judgment, but I petitioned for an amended judgment and the judge decided to vacate his previous judgment. The State now has to answer my complaint and we are hopefully going to trial, or maybe I'll win in a summary judgment. This would be a huge win for me personally and for anyone in Tennessee who thinks paying $200 for a handgun carry permit is contrary to the US Constitution.
The judge in his original order had agreed with the state that I had no right to carry a firearm.
Below is a link to the original order.
https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B4xDZlk5vthcYjYyMDAwMDItZmNlZS00NzMxLTljNTEtMDQ4MGM2YTllMDQ2&hl=en
Below is a link to the amended order.
https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B4xDZlk5vthcYjYwNTAzYTItNzA1Zi00MDM2LTgzMDctYTU4N2I1ODFhZGE1&hl=en
Below is a link to the complaint.
https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B4xDZlk5vthcMzRlZWQ3YjEtYTg3OS00NDkzLTgyYTQtMTAyZmRjYjI5NTMy&hl=en
... anyone in Tennessee who thinks paying $200 for a handgun carry permit is contrary to the US Constitution.
I wish it was only $200. I live in Socialist New York State and it is closer to $500. I’d move but my family and job are here. Yeah, I could get a different job and live the live of a hermit somewhere else without family.
Other than the enumerated powers-The US Constitution pertains to the federal government ONLY.
Sorry, as much as I am a gun rights advocate, that is the fact. Each State can pass whatever gun laws it wants...at least that is the way it is supposed to be.
Several papers and tv have now picked up the story.
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