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Everything posted by btq96r
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Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
I think you're wrong on that point, brother. From the opinion of the court in McDonald. Held: The judgment is reversed, and the case is remanded. 567 F. 3d 856, reversed and remanded. JUSTICE ALITO delivered the opinion of the Court with respect to Parts I, II–A, II–B, II–D, III–A, and III–B, concluding that the Fourteenth Amendment incorporates the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self-defense. Pp. 5–9, 11–19, 19–33. No mention of it only dealing with "keep" or separating it from "bear." The 2nd Amendment, in full, was incorporated. -
Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
I think continuing to chip away is the right way to go. The turnaround we've had nationally, and statewide within the last 10-15 years is no small thing. From the AWB expiring, to the Heller and McDonald cases, they've helped fuel the fire at the state level for all those victories you list. Every state that enacts Constitutional Carry and Campus Carry just puts more pressure on Tennessee to do the same. In a lawsuit, I don't think the Andrews case would be as helpful as you believe it to be. Here are a few other parts of it that can be used against us if it were ever to become the linchpin in a case. To me it looks like "with a view to prevent crime" would be given a wide latitude if it was ever up for review. I can't see a requirement to prove that it reduces crime since proving a negative and other philosophical burdens of proof aren't compatible with legal burdens of proof. ____________________ But the power is given to regulate, with a view to prevent crime. The enactment of the Legislature on this subject, must be guided by, and restrained to this end, and bear some well defined relation to the prevention of crime, or else it is unauthorized by this clause of the Constitution. It is insisted, however, by the Attorney General, that, if we hold the Legislature has no power to prohibit the wearing of arms absolutely, and hold that the right secured by the Constitution is a private right, and not a public political one, then the citizen may carry them at all times and under all circumstances. This does not follow by any means, as we think. While the private right to keep and use such weapons as we have indicated as arms, is given as a private right, its exercise is limited by the duties and proprieties of social life, and such arms are to be used in the ordinary mode in which used in the country, and at the usual times and places. Such restrictions are implied upon their use as are thus indicated. Therefore, a man may well be prohibited from carrying his arms to church, or other public assemblage, as the carrying them to such places is not an appropriate use of them, nor necessary in order to his familiarity with them, and his training and efficiency in their use. As to arms worn, or which are carried about the person, not being such arms as we have indicated as arms that may be kept and used, the wearing of such arms may be prohibited if the Legislature deems proper, absolutely, at all times, and under all circumstances. ____________________ Admitting the right of self-defense in its broadest sense, still on sound principle every good citizen is bound to yield his preference as to the means to be used, to the demands of the public good; and where certain weapons are forbidden to be kept or used by the law of the land, in order to the prevention of crime-a great public end-no man can be permitted to disregard this general end, and demand of the community the right, in order to gratify his whim or willful desire to use a particular weapon in his particular self-defense. The law allows ample means of self-defense, without the use of the weapons which we have held may be rightfully proscribed by this statute. The object being to banish these weapons from the community by an absolute prohibition for the prevention of crime, no man's particular safety, if such case could exist, ought to be allowed to defeat this end. Mutual sacrifice of individual rights is the bond of all social organizations, and prompt and willing obedience to all laws passed for the general good, is not only the duty, but the highest interest of every man in the land. And that's why I think it could go to SCOTUS....someday With McDonald incorporating the 2nd Amendment, state gun laws are now Constitutional issues. Not sure if SCOTUS would take the case in our example, or that the outcome would be in our favor, but like you, I think the argument could be made to get it there. I would like to see more federal case law to help us out with standing before it all happened. I agree that 1359 doesn't prevent crime. But, since it was written with a view (albeit a illogical one) to prevent crime, it meets the requirement of the TN Constitution. As said above, I think "with a view to prevent crime" would be widely interpreted as laid out in the Andrews case, especially by this part: ...in order to the prevention of crime-a great public end-no man can be permitted to disregard this general end, and demand of the community the right, in order to gratify his whim or willful desire to use a particular weapon in his particular self-defense. -
Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
It would really depend on the lower courts. They took the McDonald case after it had been pretty much decided. Some of that was probably to hear it with post-Heller jurisprudence. -
Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
I think it would pass a challenge in state court, and at appeal to the US Supreme Court. If you think it would go down, feel free to file suit. -
Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
I understand it...but it's clear they set up a system to delegate that power to local governments when it comes to their buildings with the wording of the laws. Laws on the books, and in the case of the home US Supreme Court rulings, protect firearm ownership in the home. As to the roads, I don't know if any part of TCA that has that authority delegated for pedestrians, but personal vehicles are pretty well covered by the recent "guns in cars" bill. -
Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
Yeah, tracking on the parks thing in regards to 1359. The issue at hand wasn't if a lessee of public property can get around that- which even I'm divided on- this was about local governments being able to put gunbuster signs up at government owned buildings, which I think they have the authority to do. Worriedman thinks that it's only the domain of the State government. Obviously, we disagree. :) -
Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
The very first words in 39-17-1314(a) are "Except as otherwise provided by state law." This is the door/loophole/whatever that allows 39-17-1359 to be exercised by cities and counties on government owned property, unless there is a specific law against it. -
Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
The word only doesn't appear in Art 1, Sec 26. With 39-17-1359, the authority to regulate has been delegated to an individuals, corporations, business entities, and local, state or federal government entities or agents thereof to make the call on their properties. -
Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
Ownership as in a government agency can be the legal entity owning a property. The Property Clause is pretty firm in legal ground on this. Yeah, I get it that "the people" ultimately own government property, but like Garufa said, it's semantics. -
Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
I think local governments should be able to decide if carry is permitted on properties they own just like every other property owner. If they can't do it, then the state has to do it for them, and that's a can of worms I'd rather not see. Plus the chances of amending 39-17-1359 as you suggest are as close to zero as can be. -
Sheriff's employees may have profited during ammo shortage
btq96r replied to TripleDigitRide's topic in General Chat
If they just hop online, buy some ammo like the rest of us, no issues whatsoever. Should there be some written rule about not using department computers for non-department use, then a stern "knock it off" with a week of cleaning the break room would suffice. However, if they used their positions or government equipment (to include email) to solicit or take advantage of any offer not available to the general public, that's misconduct and needs to be addressed. I won't say it calls for someone to be fired, but some kind of reprimand or action would be called for. But since this is the Rutherford County Sherrif's Department, it's just another line item that needs investigation. The bold part is a conflict of interest that needed to be investigated. I'd expect any solicitation or RFP, bids, notes and memos during review process and final contract to be all public information that is available for review. -
Lawmaker Says Memphis In May Breaking The Law
btq96r replied to The Legion's topic in 2A Legislation and Politics
This can be fixed with a legislative tool. Just pass a state law, and local ordinances that says every contract/agreement to lease public parks or land must include a clause that the lessee cannot prohibit the lawful possession of firearms as would normally be allowed at the park or land. -
Well, if a 3rd hand source said so... Taxes, tariffs, and fees, fall under the category of "nothing new under the sun" And there isn't much of it related to firearms that isn't prevalent in some shape or form in other industries operating costs. No.
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This. Something as straightforward as who actually fired shots to neutralize active shooters isn't the type of info that gets corrected in follow-up reports.
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George Zimmerman is the gift that keeps on giving for the anti-gun crowd.
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As to the whole Hillary against guns thing, there isn't going to be a Democratic House in 2017, so any gun control laws are DOA. The Senate has a chance to flip again in 2016, but without the House to match, we're back at a stalemate like we were from 2010-2014. Pretty much. Though I will add, that the things Republicans were attacking the President for in 2012 aren't going to be used in 2016, because they have improved on his watch- though not necessarily to his credit. Hillary will run on those issues to make up for her lack of record from 2008 onward. Unemployment rate back to normal levels, budget deficits cut while still keeping programs intact, ect...those are issues Democrats can run and win on in swing districts. Republicans need to come up with a fresh angle, because their message is only sticking to an aging electorate. The best quote I read in a while came from a GOP strategist after the mid-term elections, and will come home in 2016 if the Republicans can't push get a long term vision the country can get behind. "Midterms are brake-pedal elections. They’re about the incumbent and a course correction. Presidential-year elections are accelerator elections. They’re about where the country should go. We’ve proven we can win elections that are about saying ‘no,’ but we haven’t proven we can win an election about leading and taking people to a better place.” Between all that, and counting to 270, Republicans are starting out with 3:1 odds against at best depending on who wins the nomination, while Hillary is the favorite at 1:2 in my unofficial, for entertainment purposes only, sports book operation.
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The proof that a permit holder can open carry if they so desire is an AG opinion from 10 years ago that addressed the question. If someone has something that contradicts it, I'm sure they will be along in short order. Not sure exactly about carrying long guns or shotguns loaded in a car, but the law should be pretty clear on that if you read/Google/hit the search bar here hard enough.
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He had a 10.5" upper he was working on in the shop, probably the only reason mine made it out without a chop.
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Just wanted to give some public thanks to 173rdABN for helping me out. The A2 FSP was a sonofabitch to get off, but it got done. Now my 16" upper looks nice and sexy. :cool:
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Not very knowledgeable of the difference in barrel brands, but with the 14.5+pinned break vs. 16" debate, I say go 16". Gives you a lot easier options if you ever want to switch what you have at the end of your gun. The 1.5" difference is negligible.
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That's what the software in the first post is supposed to be able to do, let you know when your cell is possibly being compromised by virtue of dropping to a less secure connection unexpectedly, which is a sign that a Stingray might be in use and other methods. When you have some time, read through the links in the first post. They lay it out pretty well. Basically, after installing, you turn it on, let it run when your phone runs, and it will give you a warning when it thinks something is amiss. Some stock photos from the site... This is what the notification menu on my phone looks like with it running. I keep it running 24/7 and have it refresh every 60 seconds. I need to try it out in a big area like Nashville to see how well mapped we are there and what not. Also worth mentioning, that this was just released not too long ago. They're in the alpha stage (beginnings) and are sure to have updated versions as they go. They're still building up a database of what places should be good, and what ones aren't based on user feedback.
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Love the concept of a secure phone out of the box, love the idea that this is finally getting into people's head. However, they aren't using anything that isn't available for free or at a reasonable price. It's also not too hard to learn how to secure your own stuff with some time, patience, and willingness to learn. But, I can see the allure of an out of the box secure phone for those not too technically inclined. For me, this is how I roll... Unlocked Nexus 5, wiped clean and installed CyanogenMod; got rid of the "Google knows best" bloatware and give me instant root access Avast Antivirus for Android; similar to desktop version, plus I can remotely wipe or lock the phone Installed my VPN providers mobile version TextSecure for end to end encrypted text messages over data RedPhone for end to end encrypted calls over data That's just my protections on my cell from the mass collection being done by the big .gov (really .mil since the NSA is a military organization operating domestically) and anyone with a hard-on for hacking cell phones. I could keep going on what I've done to protect my cell from local law enforcement...but this isn't one of those threads. :D Enjoy being able to protect your privacy through open-source means before it becomes treason.
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This has been in the works for a bit now. It's going to be an evolving game, of measure/countermeasure, but I am all about having options to defend against mass collection.
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I'll just add a few things to "the gun list" to get from them when some savings build back up. Thanks for the firsthand knowledge.
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That's the one has my eye drawn to it. I should also be able to play around with it and buy the other shroud's on the site and they would be interchangeable, right? The prices on these are quite agreeable.