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
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?
I'm almost 70. Can't remember what I did yesterday though.
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.
So why is it suspended?
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.
I motioned for an amended judgment and the petition was granted I now have a trial scheduled for November.
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