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Status of "Constitutional Carry" in TN.
Worriedman replied to Worriedman's topic in 2A Legislation and Politics
Suppose you had a Grandfather that worked his whole life, veteran of WWII even who saw you as his favorite grandchild and left you his prized Colt Python .357, pristine and kept in the best repair and condition, (box and all) in his will. When the fateful day arrived and he went to his reward, no longer troubled with the scars of war and strife of life... The Probate of his Estate, meager as it was, consisting of his house and few possessions scattered about the multitude of his survivors, comes to fruition some months after his passing and you receive an RG .38. with cracked plastic handle, broken pawl. You contest the intent of the will only to be told by the Executor and Probate judge that you should be happy with the fact you go something akin to what your progenitor intended, and if you are savvy and toss in a lot of hard earned cash and trade up over the coming years at some point in the future you can possibly achieve the equal, if not exact item that was yours to begin with... I keep going back year after year, for decades now, to attempt to gain back that which our sires won for us from an overreaching tyrannical government, wrested with bloody hands and in fact due in great part to Tennesseans who would not take crumbs of their God given Rights to Liberty but at Kings Mountain shot and killed their rulers, bleeding and dying in the attempt to leave us with our Right to arms and true representation re taxes and being able to keep our property and some semblance of privacy. We are culls who have allowed scurrilous men to steal those hard won issues, kneeling and "taking what we can get" from their table. Legislators, off duty LE and judges carry with impunity everyday, wherever they wish Are they made of finer clay than we who simply work and die and shoulder the biggest part of the duty and payment for the society we now live in? Where Rights are chipped away successively, bit by bit and drip by drip, the water in the pot coming up to heat while we clamor about the good work of a legislature that knows we are due the full gift of recognition of the 2nd Amendment at least? -
Status of "Constitutional Carry" in TN.
Worriedman replied to Worriedman's topic in 2A Legislation and Politics
Two amendments were offered by Republican's that changed the vague legally present language to the permissions in Enhanced permit carry, they were stuck down as being filed incorrectly, but they were in fact prepared by legal. I am the one doing the ads and please tell me where I have misstated any fact, that REAL Constitutional Carry includes long guns and the 18 year old an up provision? Did we think those had a chance, no, but our constituents want the REAL thing, while others are OK with something less. By the way, I have not once said I was against the Governor's bill , just that it needed to be amended. I take no pay for the efforts I make or have for the last 20 years. It sure is not making me an friends and has nearly cost me my livelihood, so any who think I am involved for any personal gain are incorrect. I am old and am going to die soon, and I want my grand children as well situated before I do as possible. Everyone who is involved knew the Governor's Bill was going to pass, they did not vote for the Republican Amendment by Jerry Sexton because leadership did not ant that minute change to wherever an enhanced permit carry allows and there are plenty of places in this passed bill that you can not carry that you can with the enhanced permit, like when you are bow hunting or in a number of parks, but those traps make work for lawyers.... If you ordered a pizza and wanted anchovies and pepperoni and you got chicken and pineapple would you be happy? A lot more work went into this attempt to get the right thing than any of you might know, or actually can imagine, and it will be years now before they take any of these issues back up. I have 20+ years in working these issues and for me, personally, I will keep my permit because I want to travel out of State and can afford it. Of far more import, Civil Immunity (HB 0025) passed with more votes then the Governor's bill and that one affects everyone regardless of their desire to have a permit or not. I have been working that bill for 15 years and got it through the House again tonight. So, while there were expecting me to raise sand about the "Constitutional Carry Bill", the real work for us guys who realize we are the only defense we have against crime prevailed. It did last year too, but the Senate refused to even take it up. They can't afford not to hear it now, it is by -partisan, I even got 6 Democrats to vote for it. The bluster and dust got raised about something they pushed back on what everybody admits is not the correct thing we should have, all the while the most important thing slipped under the door unnoticed. -
Status of "Constitutional Carry" in TN.
Worriedman replied to Worriedman's topic in 2A Legislation and Politics
I am on the way to watch it unfold, tonight at 5:00 P.M. You can see your elected employees either stand for your 2nd Amendment Rights or not. -
Status of "Constitutional Carry" in TN.
Worriedman replied to Worriedman's topic in 2A Legislation and Politics
Permitless carry is great, the Vermont version anyway. -
Status of "Constitutional Carry" in TN.
Worriedman replied to Worriedman's topic in 2A Legislation and Politics
Patently incorrect. Anyone seeing our writeups knows we support this if it is in fact all we can get. Even today, with it going to floor vote we have asked amendments to be offered, but it is NAGR calling for its defeat not TFA. -
Status of "Constitutional Carry" in TN.
Worriedman replied to Worriedman's topic in 2A Legislation and Politics
We do not have a Conservative anything related to our TN legislature. If I could construct in your minds a meme, of a relay team of runners, consisting of Jimmy Naifeh, Beth Harwell, Glen Casada with Cameron Sexton being the final leg, I would do so and maybe I could then improve the consideration of the voters in Tennessee that the stuff hitting your shoes is NOT rain water... -
Status of "Constitutional Carry" in TN.
Worriedman replied to Worriedman's topic in 2A Legislation and Politics
My question is who is the person behind the curtain everyone (legislators) keep alluding to as not allowing us to enjoy all the 2nd Amendment? What power is granted this individual, or cabal if it be, by the Constitutions of the State and Union to deny your your Right to arms clearly enumerated by the Constitutions, and in light of the McDonald v. City of Chicago decision where the 2nd was incorporated against the state by the 14th? Would each of us feel ill treated if these miscreants decided to limit us each to one nostril to breath with, seeing as to how they have determined themselves to be the final arbiter of how much of anything we can have, oxygen in the atmosphere being another thing our Creator gave us? Not on point possibly but consistent I think... -
Status of "Constitutional Carry" in TN.
Worriedman replied to Worriedman's topic in 2A Legislation and Politics
Very Amateurish attempt at video ad... https://tennesseefirearms.com/2021/03/is-tennessee-failing-to-lead-on-real-constitutional-carry/ -
Status of "Constitutional Carry" in TN.
Worriedman replied to Worriedman's topic in 2A Legislation and Politics
Been working this situation as hard as I can, actually running ads in several markets in the state. https://www.youtube.com/watch?v=WI9tShIugFQ -
I posted an update to the bills and what is on tap in a new thread, along a a very poor attempt at explanation.
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The final week of the issue is coming up next week. The Governor's Bill HB 0786 is up for floor vote Monday in the House afternoon Floor Session. The other two bills, HB 0018 by now stripped of committee assignments Bruce Griffey and HB 1388 by Chris Todd have been "Placed behind the Budget" due to the supposed Fiscal Notes of approx. $2.5 million in lost revenue (spurious at best) while the Governor's bill has a nearly $18million fiscal note... Neither bill has been put on notice in the Senate. The Governor's bill does not include long guns, down to 18 age or many of the places that the "Enhanced" permit holders can carry, but to the man (or woman) we are being told it is the "best we can get". It is my understanding that several amendments will be offered on the floor in Mondays session, but they have no chance of being accepted. Mike Bell, Chair of Senate Judiciary Department said we could come back in 10-12 years to have another go at it. https://www.youtube.com/watch?v=XeCdrg8jIXA
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Per Tennessee law, see 48-101-501. Although the term “charitable organization” is defined in the Act, the term “charitable purposes” is not. Under the TN statute, it is a crime to use charitable funds for non-charitable purposes. While IRS regs allow charities to engage in a minimal amount of lobbying activity related to their mission statement, the Tennessee statute makes no reference to lobbying as a charitable purpose. § 48-101-501. Definitions As used in this part, unless the context otherwise requires: (1) “Charitable organization” means a group which is or holds itself out to be a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary organization, or for the benefit of law enforcement personnel, firefighters, or other persons who protect the public safety, or any person who solicits or obtains contributions solicited from the public for charitable purposes. A chapter, branch, area, office or similar affiliate or any person soliciting contributions within the state for a charitable organization which has its principal place of business outside the state shall be a charitable organization for the purposes of this part. “Charitable organization” does not include any authorized individual who solicits, by authority of the organization, solely on behalf of a registered or exempt organization, or on behalf of an organization excluded from the definition of charitable organization; (2) ….. § 48-101-513. False or misleading practices; authorization requirement; disclosures; records; conflict of interest (a) No charitable organization subject to this part shall solicit funds from the public, except for charitable purposes, or expend funds raised for charitable purposes for noncharitable purposes. (b) Unfair, false, misleading or deceptive acts and practices affecting the conduct of solicitations for contributions are declared unlawful. No person shall use or intend to use false or materially misleading advertising or promotional material in connection with any solicitation for a charitable organization or a charitable purpose. It is the intent of the general assembly that the courts in interpreting this provision should look to the judicial interpretations given the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1, and § 5(A)(1) of the Federal Trade Commission Act (15 U.S.C. § 45(a)(1)), for guidance. (c)…. § 48-101-515. Crimes and offenses Any person who willfully and knowingly violates any provisions of this part or who willfully and knowingly gives false or incorrect information to the secretary of state, in filing statements or reports required by this part, whether such report or statement is verified or not, commits a Class B misdemeanor for the first offense, punishable as provided in § 40-35-111, and for the second and any subsequent offense commits a Class E felony.
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How about a bow hunter who swishes to carry while engaged in that activity, CHP same EHP
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Can a CCP holder, if they are an employee/teacher at a college, carry like a HCP holder?
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Please ask him. I am compiling a list, and have responses from those Sheriff's I know personally. I have received a number of responses from Constituents or House Representatives in those Counties, and two outstanding ones (attached). Otherwise I have received responses from these in support of the bills before the House criminal justice sub committee: Sheriff Brian Duke of Henderson County, Sheriff Karl Jackson of Obion County, Sheriff Daryl Young of Cannon County, Sheriff Kilpatrick of Lewis County, Sheriff Guy Buck of McNairy County, Sheriff James D. Storie of Clay County, Sheriff Steve Lawson of Bradley County, Sheriff James Lee Berrong of Blount County, Sheriff Dexter Lunceford of Carter County and Sheriff Steve Ross of Polk County. Those who were not polled but oppose Constitutional Carry and favor implied consent and oppose any but concealed carry: Sheriff John Mehr of Madison County, Sheriff Jeff Box of Dyer County Those who favor implied consent and would allow Constitutional Concealed Only Carry: Sheriff Paul Thomas of Gibson County Guy Buck Letter.pdf Dwayne Kilpatrick Letter.pdf
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Can you get a life time with the CCP? Does it allow for carry in greenways and many parks? Does it allow for keeping in a vehicle on school parking lot?
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We currently sit at 21 States with some form of Constitutional Carry and 19 with good laws. In addition, every State contiguous to Tennessee except Stacy Abramsland already has permitless Open Carry, with AR, MS, and KY having concealed as well.
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None of the Constitutional Carry Bills in Tennessee have ever sought to do away with our original Handgun Carry Permit (now Enhanced) for reasons of reciprocity.
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Vermont has never had a requirement for a permit, since 1791 when it entered the Union.
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NRA used to, as long as Darren LaSorte was their State Lobbyist, actively work Tennessee for our good, After Jimmie Naifeh picked up his new flame who was antigun, he took a different tact and demanded LaSorte be removed from Tennessee, we got long legs and cute and giggly after that for a while till 2010, when Chris Cox got ticked at Maggart and sent LaSorte back for a bit, then we got a registered Democrat from Virginia who donated to Northam... The new lobbyist was hired out of Bill Lee's staff, and says he is willing to work with us this year, but I would like to know when he became a member of the NRA? If in fact he does decide to seek to support the 2nd Amendment by telling the truth about who does and does not support us in the legislature I will be his best friend. I am a Life and Benefactor NRA Member, have been a life member for longer than a lot of the legislators have been alive. GOA works with TFA, 2nd Amendment Foundation are great folks and work with us as well.
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The Sheriff's Association is a 501 (c) 3 charity, (per its tax fillings, most recent 990s a(ttached) Section IV Question 4 is instructive, where they tell the IRS that they do not lobby. Their Mission Statement is: The purpose of the organization is to promote better and more effective law enforcement, maintain a high level of ethical conduct on the part of all Sheriffs and their deputies, provide a forum of constant exchange of knowledge and experience among all Sheriffs.” This is the factual listing by the Sheriff’s Association on their IRS forms and locked in. Nowhere does it list lobby the TN General Assembly in that filing. Yet, they file with the State of Tennessee, documents listing their paid lobbyist. (attached) Duties of the Sheriff per our TCA: 38-3-102. Duties of sheriff. (a) The sheriff is the principal conservator of the peace in the sheriff's county. It is the sheriff's duty to suppress all affrays, riots, routs, unlawful assemblies, insurrections, or other breaches of the peace, to do which the sheriff may summon to such sheriff's aid as many of the inhabitants of the county as such sheriff thinks proper. (b) It shall be the duty of the sheriffs, in their respective counties, by themselves or deputies, to patrol the roads of the county, to ferret out crimes, to secure evidence of crimes, and to apprehend and arrest criminals. I see nothing there that would indicate the legislature has given them power by law to make law, or to advocate under color of their official employment to deny any Constitutional Right, e.g. HB 0786 or HB 0018 which both deal with "Constitutional" or permitless carry by non criminal Tennessee Citizens before the General Assembly. Rather, I would assume that their letter (attached) to the House criminal justice sub-committee is exactly that (it has been offered on another thread, but i will include it here for reference as their attempt "under color of official employment" is just that by sending that letter and is pertinent to another TCA code: TCA 39-16-403. Official oppression. — (a) A public servant acting under color of office or employment commits an offense who: (1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or (2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful. (b) For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity. (c) An offense under this section is a Class E felony. (d) Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint. [Acts 1989, ch. 591, § 1; 1990, ch. 980, § 11.] The letter sent to the sub-committee is acting under color of official employment. In the light of an old Blue Grass song, "Muleskinner Blues" a line says, "if you don't like your job, set the water bucket down." If any Sheriff wants to do other than their job of upholding the law and instead wish to foster legislation, perhaps they should set the water bucket of Sheriff down and resign and run for the General Assembly, whose job IS to make law. Further, the testimony by the Association and the letter indicate that all 95 Sheriffs are in agreement with the ask for implied consent (Papers Please) which violates the Federal 4th Amendment and State 7th. I have personally spoken with 4 who were not polled, do not agree with the context of the letter and who support Constitutional Carry either open or concealed as well as of this writing 5 others who have sent notification via Citizens of their Counties that they were not consulted nor do they agree with the Association. The Sheriff's Oath: "I do solemnly swear that I will perform with fidelity the duties of the office to which I have been elected, and which I am about to assume. I do solemnly swear to support the constitutions of Tennessee and the United States and to faithfully perform the duties of the office of sheriff for County, Tennessee. I further swear that I have not promised or given, nor will I give any fee, gift, gratuity, or reward for this office or for aid in procuring this office; that I will not take any fee, gift, or bribe, or gratuity for returning any person as a juror or for making any false return of any process and that I will faithfully execute the office of sheriff to the best of my knowledge and ability, agreeably to law." indicates no duty to force their personal feelings or beliefs on the populace and simply charges them with supporting the Constitutions of the Union and State. Their charge by the legislature is simply stated in 38-3-102. Sheriff's Association Letter.pdf TN Sheriffs - lobbyists.pdf 2017 990.pdf
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Do any of those resolutions have any force of law? What are the punishments for violations? Who will prosecute if there are any?
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Neither of the tow bill filed which open that Chapter have any teeth, It is what our State legislature does, campaign. If we simply had a statement that you can not drive over the posted speed limit, with no punishment such as fines or imprisonment for reckless endangerment with a vehicle, do you think that it would be safe to get on the road? (like it is now with those punishments in place) There is a possibility that the caption bill by one will be amended, the sponsor of the other will not accept a friendly amendment. That one is pandering at best, and campaigning for sure.
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Michigan bans open carry in the statehouse
Worriedman replied to MacGyver's topic in 2A Legislation and Politics
Politicians do not want the rabble to have guns, because they intend to do things that would make the rabble want to shoot them. Remember Lexington and Concord were over confiscation of arms and munitions that could be used in violent revolution, e.g. shooting the politicians and their minions. These actions were undertaken by the duly constituted government of the time. No difference except the Minutemen had balls and there are none now. -
2nd Amendment Lobby Day on the Hill
Worriedman replied to Worriedman's topic in 2A Legislation and Politics
Had a fair crowd, 120+, Speaker of the House came and talked to the group, members met with their representatives. Good day overall, would have loved to had a lot more, but there was not the impetus that Virginia had.