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Tennessee Court says 2nd amendment only applies to a few...(Details of my case)

Posted on 01/22/2011 5:52:14 AM PST by kwikrnu

Yesterday the judge handed down his order in my constitutional challenge to the constitutionality of a State law which prohibits the carry of loaded firearms. The law criminalizes the carry of all loaded firearms, but there are a few defenses which include; handgun carry permit, being a cop, being a judge, hunting, fishing, or on private property.

The judge said that regulating the carry of a loaded firearm was within the purvue of the State Constitution, which allows regulation with a view to prevent crime.

I am ineligible to have a Tennessee handgun carry permit, I'm not a cop or judge, and desire to carry a loaded firearm for personal defense in public while not hunting or fishing. I have a federal firearms license, and weapons licenses from Florida and Arizona which are invalid in Tennessee according to other Tennessee State laws.

Here is the link to the court order:

https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B4xDZlk5vthcOTU0YzI2MzctMmM1Yi00NzVlLWIxZDQtZDZlMWMxODdmYWY2&hl=en


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Tennessee; Your Opinion/Questions
KEYWORDS: handgun; license; permit; tennessee; vanity

1 posted on 01/22/2011 5:52:17 AM PST by kwikrnu
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To: kwikrnu
I am ineligible to have a Tennessee handgun carry permit, I'm not a cop or judge, and desire to carry a loaded firearm for personal defense in public while not hunting or fishing.

The elitist amendment of 1791.

Become an elitist and, yes, YOU can carry a concealed sidearm too!!

Few people understand this little caveat of the Constitution.

It was debated, argued, beaten to death in 1791 who would be allowed to carry firearms. It was determined that judges and police should be allowed to.

Computer programmers were discussed but they weren't yet in existence then so they decided to keep them off the list.

2 posted on 01/22/2011 6:02:22 AM PST by EGPWS (Trust in God, question everyone else)
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To: kwikrnu

I think the people of Tennessee need to elect a legislature that will change the law of the state. I know there is a lot of disagreement about this, but the 2nd Amendment is a prohibition on what Congress can do concerning the right to keep and bear arms. The founders did not intend for the Federal constitution to limit the states, except where it explicitly says it does limit the states.


3 posted on 01/22/2011 6:05:14 AM PST by Captain Jack Aubrey (There's not a moment to lose.)
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To: EGPWS

you took the words out of my mouth


4 posted on 01/22/2011 6:07:56 AM PST by personalaccts (Is George W going to protect the border?)
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To: Captain Jack Aubrey

“I think the people of Tennessee need to elect a legislature that will change the law of the state.”

Our legislature was recently elected as a Republican majority.

And we will communicate with them....REGULARLY.

;-)


5 posted on 01/22/2011 6:15:07 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: kwikrnu

So, all the patriots and them thar cowboys and folks who carried guns, shot game for food, protected their cabins and families for two hundred years were all law breakers.


6 posted on 01/22/2011 6:21:19 AM PST by Sacajaweau
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To: Captain Jack Aubrey

a state or municipality may not enact laws which violate the US constitution or the bill of rights however. If such were the case, Arkansas would still be segregated and we never would have heard of the Little Rock Nine. Of course, nothing prevents tyrants from trying to get away with as much as possible with regards to the constitution most especially.


7 posted on 01/22/2011 6:21:33 AM PST by RC one (What!!!!)
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To: Captain Jack Aubrey

Ah but the federal courts have held that the 14th ammendment incorporated the bill of rights onto the states. They have tried to do so selectively, but it is very hard to logically argue that the 14th ammendment incorporated certain rights from certain ammendement in the bill of rights, 1st, 4th and 5th say, but not others say the 2nd.


8 posted on 01/22/2011 6:36:11 AM PST by JLS (Democrats: People who won't even let you enjoy an unseasonably warm winter day.)
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To: Captain Jack Aubrey

Kansas just passed an amendment to the state constitution guaranteeing the right to bear arms, I’ll try to find the language.


9 posted on 01/22/2011 6:39:50 AM PST by yldstrk (My heroes have always been cowboys)
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To: kwikrnu

(Tennessee handgun carry permit) I sure hope you folks in Tn. can put up a good fight. I think the country is beyond tired of these Judges making law.


10 posted on 01/22/2011 6:41:31 AM PST by JamesA (You don't have to be big to stand tall)
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To: Captain Jack Aubrey

>>The founders did not intend for the Federal constitution to limit the states, except where it explicitly says it does limit the states.

The Fourteenth Amendment changed that in a profound way, giving greater protection to the individual from government at all levels. The Constitution is not the same document that the founders signed. This was as the founders intended, else they wouldn’t have provided for amendments.


11 posted on 01/22/2011 6:44:28 AM PST by FreedomPoster (Islam delenda est)
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To: kwikrnu

If so then the Tenn. Constitution is unconstitutional.


12 posted on 01/22/2011 6:54:40 AM PST by Brilliant
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To: kwikrnu

Future news...

...in other news today the court has ruled that you have a right to own an automobile but gasoline is prohibited.

You are also allowed to buy and own an unlimited supply of cooking pots and frying pans but putting food in them is forbidden.


13 posted on 01/22/2011 7:17:34 AM PST by seowulf ("If you write a whole line of zeroes, it's still---nothing"...Kira Alexandrovna Argounova)
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To: kwikrnu

sfl


14 posted on 01/22/2011 8:01:22 AM PST by phockthis
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To: kwikrnu

I’m a resident of Kentucky and have a CC license. It is recognized by Tennessee. So I can carry concealed and of course LOADED in Tennessee, yet the state won’t allow its own law abiding residents to do so??? Incredible.


15 posted on 01/22/2011 8:13:45 AM PST by Oldpuppymax
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To: Sacajaweau

Yes- Don’t anybody tell Davey Crockett & Daniel Boone that they should never have had any guns.....

Tennessee needs a complete makeover in it’s legislature & judicial makeup.


16 posted on 01/22/2011 9:18:08 AM PST by ridesthemiles
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To: Oldpuppymax

Tennessee residents can only carry loaded firearms if they:
1. have a Tennessee handgun carry permit or a license/permit from a reciprocating State (TN does not allow residents of TN to carry unless they have a TN carry permit).

2. hunting
3. fishing
4. law enforcement
5. judge
6. on private property

Anyone who carries a gun in public where more than two people are present has committed a class A misdemeanor, but they have the above defenses available to them.

I have weapons licenses from Arizona and Florida, but since I am a Tennessee resident and my Tennessee carry permit is permanently suspended I cannot carry in Tennessee. I can carry in other States and residents of other States in possession of FL and AZ weapons licenses may carry in Tennessee.


17 posted on 01/22/2011 9:19:38 AM PST by kwikrnu
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To: kwikrnu

You’re not getting it.

The life of a cop is far more valuable than the life a single mom pursued by a psychotic stalker. The life of the judge who ruled in your case is far more valuable than yours.

See how easy this is?


18 posted on 01/22/2011 10:49:55 AM PST by AAABEST (Et lux in tenebris lucet: et tenebrae eam non comprehenderunt)
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To: kwikrnu

I’m not sure if this was disclosed on an earlier thread, but why was your TN license-to-carry permanently suspended? Did this impact the judge’s ruling?


19 posted on 01/22/2011 11:35:57 AM PST by Panzerfaust
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To: Sacajaweau
"So, all the patriots and them thar cowboys and folks who carried guns, shot game for food, protected their cabins and families for two hundred years were all law breakers"

They weren't carrying concealed weapons.

This is the argument the Leftists will give you; I'm not saying that I agree with it.

20 posted on 01/22/2011 1:53:28 PM PST by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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To: Redbob
Personally, I think we should go back to strapping on a couple of six shooters before we go to work.

So Tenessee doesn't have winter?? Of course they do. Them old Tenesee folks were carrying concealed weapons!! Ever see six shooters strapped to the outside of those canvas coats?

21 posted on 01/22/2011 1:59:02 PM PST by Sacajaweau
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To: ridesthemiles
"Born on a mountaintop in Tennesee...."

I'm almost 70. Can't remember what I did yesterday though.

22 posted on 01/22/2011 2:01:48 PM PST by Sacajaweau
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To: Panzerfaust

If you read the order you would see the judge doesn’t mention it. The State didn’t bring it up in their briefs except to point out I withdrew an appeal to the Administrative Court. I meet all the requirements for the “shall issue” permit, but the permit is permanently suspended.


23 posted on 01/22/2011 2:37:58 PM PST by kwikrnu
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To: kwikrnu

So why is it suspended?


24 posted on 01/22/2011 2:45:51 PM PST by klute
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To: klute

A local police department said I was unsafe in the manner I carried a firearm, even though I carried as required by law. They wrote the Tennessee department of safety and an employee in the department of safety made the decision to suspend the permit. Because I withdrew my appeal for a hearing this was never in front of any judge and the permit is suspended permanently with no process for an appeal or hearing.
If I was unsafe in carrying the gun they should have cited me. They didn’t and the witness who caled 911 said nothing except I was carrying a gun. I threatened the City with a civil lawsuit and I believe this was their way of getting back at me.


25 posted on 01/22/2011 4:20:15 PM PST by kwikrnu
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To: kwikrnu

I motioned for an amended judgment and the petition was granted I now have a trial scheduled for November.


26 posted on 02/18/2011 3:59:43 PM PST by kwikrnu
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