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JayC

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JayC last won the day on November 29 2016

JayC had the most liked content!

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About JayC

  • Rank
    TGO Senior Member
  • Birthday 05/10/1975

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  • Gender
    Male
  • Location
    Nashville, TN

Miscellaneous

  • Handgun Carry Permit
    Yes
  • Law Enforcement
    No
  • Military
    No
  • NRA
    Yes
  1. I don't see how many regulation on the matter will survive a challenge is court, the NFA clearly doesn't prohibit bump stocks, or binary triggers...
  2. There are 100,000 schools within the United States, and over a 100 year life time of the school (trying to keep math simple most schools won't last 100 years) there is a 0.4% chance of an attack like the one is Florida. And 0.4% over 100 years is probably on the high side. Most sites are going to need at least 2 or 3 full time security guards, and many of the larger sites are going to need 6 to 10. Lets say the average is 5 which I think is a low number, but to keep the math simple. That is roughly 30 BILLION Dollars per year, more than 50% of the federal Department of Educations budget. That isn't pocket change, it isn't money that can be found from current budgets without cutting educational programs. Finally, I don't know if it's a good idea to turn 5 police officers/security guards loose inside each of our schools, and the unforeseen consequences. Remember we've already seen a lot of 'abuses' from within the current SRO program around the country, turning minor disciplinary issues into cuffing 8 year olds and tossing them into the back of squad cars. And I question if it's more dangerous to our society to expose virtually all children to the security protocols needed to protect the school from such a RARE risk. Allowing parents with HCP's (and teachers with them as well) to carry within their children's school is a good compromise, require that it be concealed, require that it only be on the parents person, but place a question mark in the mind of any attacker that they could be confronted by an armed parent would deter a vast majority of these attacks. And would more likely lessen the number killed even in the event of an attack. And is largely costs nothing, nor does it turn our schools into mini prisons with armed guards all over who have nothing to do but look for minor crimes to justify being there. I agree the current HCP class doesn't do enough to train people to deal with an active shooter, so lets put pressure on our state or local law enforcement to provide that training - at cost - to ANY HCP holder in the community, and if they can't or won't do that, lets pressure the NRA, TFA or if all else fails start a non-profit group to provide the training. Basic defensive training is pretty easy, and could be taught in a single weekend, how to secure a room, and how to cover the fatal funnel, how/what to communicate to law enforcement in the event of a school shooting. Teaching HCP holders to be that last line of defense when a mad man strikes, leave the room clearing, and going towards gun fire for law enforcement or those with prior military training, but defensive tactics work, and are easy to teach. That's just my 2 cents worth on the subject, as somebody who has a daughter in school right now, and can't believe my wife who volunteers there on a regular basis can't carry to protect herself and my daughter when at school.
  3. About 8% of non-felon adults in TN have a HCP, they are just as unlikely (if not more so) than police officers to be convicted of a serious crime. Their children are in these public schools, and I'm sure a number of them would be more than willing to participate in helping defend their own children as volunteers. School has parents volunteer constantly in school, to help out doing things they can't afford staff to do, why on earth not use this model to better protect the school. Sure more training would help, and having highly trained and paid security might be a better option, but at the end of the day parents will die to protect their children, and in most of these shootings just controlling a fatal funnel would be well within the abilities of an average HCP holder with very little training. And could very well save lives. It's a crime that I can't have a loaded firearm on my person at my daughters school, I'd be a lot more active if I didn't have to completely disarm every time I go there, even after hours for meetings.
  4. Minimum Age to purchase a handgun in TN

    You're reading the wrong section of federal law, scroll down a little more to 922g - https://www.law.cornell.edu/uscode/text/18/922 922g just lists all the standard 'prohibited person' stuff that prevents you from owning any firearm, it makes no mention of age, or of handguns specifically. Neither does 39-17-1316, nor any of the USC's listed within it. While 922(b) does prohibit the selling or delivering of firearms by an FFL, it doesn't prohibit possession, selling or transfers by a private party. So an 18 year old can legally purchase a handgun under 39-17-1316. 922(d) covers private sales (by non-FFL's) and clearly doesn't prohibit sales to persons under 21. 922(x)(1)(5) goes futher to address this issue by clearly defining the term juvenile as a person under the age of 18. Even this anti-gun group got it right - http://lawcenter.giffords.org/gun-laws/policy-areas/who-can-have-a-gun/minimum-age/#federal So, clearly a 18 year old can possess or receive any firearm under 922g, unless they're otherwise a prohibited person. And 39-17-1316 doesn't prohibit them either. So, loaded firearm carry in a vehicle is clearly lawful as to the plain reading of the law unless the person would otherwise a prohibited person. The law is so broadly worded I can't see any reason a 16 year old couldn't posses a loaded rifle or shotgun (handguns would be a different issue - see 39-17-1319) in their car under this law. Although I doubt the legislature meant to do that, 922g and 1316 do not mention any reason they couldn't.
  5. Minimum Age to purchase a handgun in TN

    IANAL but the law is very clear. Short answer is she can legally in her car, but not walking around in public. But read below for a more detailed version. Any person over the age of 18 may legally purchase a handgun in TN as long as their not otherwise a 'prohibited' person, such as a drug user, convicted felon, etc - The same things that would prevent you or I from lawfully owning a firearm. Assuming above is true, under 39-17-1307 she may legally possess it in her car while loaded. The plan reading of state law is clear and there isn't any known case law on the subject, so the short answer is they can. They can also have a loaded rifle or shotgun in their vehicle per state law. She can also carry the firearm at her residence, her place of business, or any other property she owns within TN. She can NOT take advantage of the 'parking lot law', and the 'school exception' those are limited to HCP holders. The confusion above is from people quoting the WRONG portion of Federal Law 922b is not 922g and therefore isn't on point for this discussion. 922g just lists all the ways somebody can become a prohibited person (DV, mental adjudication, felon, illegal alien, etc) and doesn't mention AGE at all. Even though 39-17-1316 is referenced to include all of USC 922, nothing in 922 prohibits an 18 year old from purchasing a handgun, only prohibiting an FFL from transferring a handgun to somebody under 21, remember the wording is key. It's good to see more people quoting laws, but quoting the wrong law causes a lot of confusion.
  6. My wife shot a pistol for the first time when taking her carry shooting test, she passed with flying colors... Have your grand daughter focus on 3 and 5 yards and she'll ace the test no problem.
  7. Seeing as a violation of 39-17-1351 nor a class B misdemeanor is not a reason they can deny you issuing you a permit, I don't see how they turn down the application. I said at the time, Voldemort could really mess up their day by just simply re-applying for a permit. Nothing in the law allows TDOS to deny the permit... and lets remember that TDOS's track record in court on permits is like 0% success rate. Either way, the chance you get charged with 1359 is slim as long as you stay away from Airports, and don't give any reason for the officers to look for a charge. (Again not suggesting that people should violate the law, but walking past clearly unlawful signs while concealed is not the risk some folks are making it out to be.)
  8. I'm not aware of any suspension/revocation from a violation of 1359. Even though Voldemort refused to show his permit, and that technically was a violation of 39-17-1351 they didn't revoke his permit using 1352a6 they used the public risk clause, probably because if they revoke your permit under a6 you could re-apply the next day and they'd be forced to grant you a new permit. Also, I'm not sure how TDOS gets notified of a misdemeanor conviction to begin with?
  9. I'm pro-property rights which is why I don't associate with the TFA anymore... But there are certain circumstances where you're not dealing with a regular business. Before the recent law change I often was forced to go into government buildings, unlike your local restaurant or chain clothing store, there is no other place to 'go' to "buy" these services. More importantly in many cases these 'services' are mandatory, as in if you don't partake the government will send men with guns to force you to pay one way or another My logic is simple if you're a government entity and you can't be bothered to follow the letter of the law in posting no firearm signs, then I shouldn't be required to disarm. Hospitals are another grey area in my book, my Doctor isn't anti-gun, but he sometimes refers myself or my family to a Hospital where they are, he doesn't have privileges anywhere else - not that in Nashville there are any Hospitals which aren't anti-gun to begin with. Anyhow the Hospital in question has no firearm signs outside their ER entrance and main Hospital entrance, but doesn't have them from the Parking Garage entrances. So I put a bug in my back pocket in a wallet style holster, and don't ask/don't tell carry. And frankly I don't feel bad about doing it. Obviously if somebody asking you to leave you should leave. But, while I part of a business that has a 'no shirt, no shoes, no service' sign on the door, I don't expect the government to charge people who ignore it with a crime, I ask them to leave and so far they all have left, just as I suspect would be the case with the vast majority of HCP holders.
  10. First, the key fact that everybody here seems to forget, we know of only a few cases where permit holders have been charged for violating 39-17-1359 and ALL of the known cases involve carrying firearms into the secure area of an airport. Second, violation has been changed to a class B misdemeanor with a fine only, so if you're found guilty you're not facing any jail time, you're not facing loss of your permit, you're facing a $500 fine. I highly doubt you'd even get arrested, just cited and told to leave. Obviously I'm not recommending knowingly committing a crime. While I won't spend money in a business that is posted, there are times that I'm forced to carry into 'unfriendly' territory, and will carry past a sign that doesn't comply with the statue, or use an entrance that isn't posted. I carry concealed, and nobody is the wiser. If I get caught and charged, I probably won't hire an attorney, $500 isn't much more than a very bad speeding ticket money wise, and I think I could properly put together a motion to dismiss and argue the legislative intent was clear, any sign that fails to standards set out in the law were meant to be unenforceable. If not I write a check for $500 and have a great story to tell. If some employee comes up and asks you to leave, then leave. If some officer walks up to you and tells you to leave, apologize, tell him you have a HCP and didn't see a valid sign, then offer to leave. I seriously doubt you'd find many officers who are going to try and make a case out of it when you act reasonably to resolve the situation.
  11. HCP Shooting in Johnson City Tn

    The news article is a mess, who can tell exactly how many people were involved and what each of them did... As a general rule I believe most law abiding citizens with a HCP are trying to do the right thing most of the time, until we get an article that explains who did what to whom, I'm going to reserve judgement. I'd encourage everybody talking about retraining, hold fire until we have more details. But, I'll point out that confronting somebody you see committing a crime is LEGAL in TN, and if in the process of that the criminal pulls a gun on you, you'd be legally justified under our 'stand your ground' law to use deadly force. Whether it's smart of not, I don't think it's likely we'll see any criminal charges against the HCP holder, unless something else not reported happened.
  12. That sounds like a voluntary admittance, so he should be good to go, let us know what happens please. These forms are pretty complicated, but as a general rule if you'd marking YES to one of those questions it's going to cause you to be denied.
  13. I agree, but if the stay was voluntary, a simple call to Lisa, and filing an amended renewal form should be enough. In theory the state would then have to prove you were ineligible... but TDOS does some very stupid stuff that probably isn't legal on a regular basis.
  14. Not unless there is something more to this story not disclosed in the original post. The way I read her post, her husband was prescribed Lyrica by a doctor, and she didn't indicate that he was addicted or abusing it, only that he had an adverse side effect and stopped taking it. Use of a controlled substance prescribed by a Doctor is not a factor that can cause you to be denied a permit, or even the purchase of a firearm. (With the exception of pot, but there are 4 people who are prescribed pot through a federal program who can legally own firearms). So unless he is currently unlawfully using Lyrica, and/or is addicted to using Lyrica (or some other drug) then he wouldn't be denied a permit or have his rights to possess firearms revoked. I really think his issue is #13A, he either marked yes when he shouldn't, or he was involuntarily committed and won't be able to get his permit back.
  15. Net Neutrality Killed

    Look, we probably should break up the current cable and telephone companies like we did AT&T years ago. Force the companies to separate last mile infrastructure away from TV channels, movie studios, and copyrights holder parts of their business. This would create a free market in the space of entertainment, while treating the data services part of the business as a simple utility much like how we treat land-line telephone, electric and water/sewer companies or coops. Doing this would remove a lot of the 'profit' motive from messing with access. But, that would require a federal anti-trust lawsuit by the DOJ and would take 20 years to work it's way through the federal court system like the break up of AT&T did. Until then, we should regulate ISP's as common carriers, since they can only operate by granting of public easements or licenses, just like other public utilities. Otherwise we're all headed down a very bad path of walled gardens that we're forced into and will in the long run kill innovation on the Internet. Trust me, I don't like to admit defeat, under the best of times the government in a necessary evil, and we're far from the best of times, but there is no other solution to this problem other than the FCC regulating basic common carrier rules onto last mile ISP's. And unlike Crowder, I worked in the 90's as VP of Operations for an ISP, before transitioning to Computer Security for the last 18 years of my career. I understand just how bad the Deep Packet Inspection hardware Comcast and other ISP's are using could be turned against customers to censor the Internet we've had for the last 25+ years. And while Google, Facebook, and other should scare you a lot, last mile ISP's are the real immediate risk to censorship that we face today, and the only legal roadblock to such behavior was just removed.

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