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volshayes

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Posts posted by volshayes

  1. I am using U.S. LawShield out of Texas.  John Harris is also one of their attorneys.  They cover incidents where you are in fear of death or bodily harm and use your weapon, if you are in a place where it is legal to possess a weapon.  If you happen to be found guilty, they will still cover your costs and even cover appeals.  I don't believe there are many that will do that.  If you want to speak with them, here is their website:

    https://www.uslawshield.com/

  2. Ditto on what DaveTN said.  Read the statutes for yourself.  You can find them here: https://advance.lexis.com/container?config=014CJAA5ZGVhZjA3NS02MmMzLTRlZWQtOGJjNC00YzQ1MmZlNzc2YWYKAFBvZENhdGFsb2e9zYpNUjTRaIWVfyrur9ud&crid=5679cfc0-a380-47cc-8adb-2ecd1aaf1df1

    Select Title 39, Chapter 17, Part 13.

    I try to read it after July 1st every year.  The State Legislature convenes in January of each year and usually ends sometime in May.  Most bills they pass become effective July 1st of that same year.  That's why I wait until after July 1st.  However, they do make some exceptions on their effective dates depending upon the legislation passed.

    There are also Attorney General Opinions that affect how the laws are interpreted.  They are harder to locate.  You can find them here: https://www.tn.gov/attorneygeneral/opinions.html

    and follow the instructions under "How do I search for an opinion if I do not know the number or when it was issued?"

  3. 6 hours ago, DaveTN said:

    Armchair quarter backing sure is interesting though isn’t it?

    Ditto on that.  It could have gone all kinds of wrong, but it didn't.  Only the person fleeing got it.  On the other hand, if they had tried to pit him, or just kept the pursuit going without gun fire until he finally decided to stop, that could have gone all kinds of wrong, too.  Goes back to the old saying, "You just had to be there."  That might give an entirely different perspective on the whole situation.

  4. 7 minutes ago, SWJewellTN said:

    In my time I've had several officers admit to me that they lied to get convictions. Their reasoning is that the criminal lies so why can't they? One of those admissions came from my own pastor who was a cop before becoming a pastor.

    I was a Missouri State certified RADAR instructor and DUI instructor back in the day. Being a RADAR instructor I was well versed in proper procedure and case laws governing the use of RADAR. I've sat in a few courtrooms since I moved to Tennessee in 1998, and during those sessions I listened to numerous traffic cases as well as being attentive to the demeanor of those involved. Those courts were in Nashville, Smyrna, Bedford County, Williamson County and Murray County. There are certain things that must be done and testified to in order for the operator to truthfully testify that the RADAR reading was accurate. I was shocked at the frequency that those things were ignored. The most egregious were where there was obviously the lack of training on how to properly operate a RADAR gun.  Not one of the judges that I witnessed showed any evidence that they were aware of this situation, or should I say cared? One of the cases in Smyrna the officer testified that he received no formal training on the RADAR gun that he used. In that particular case I was the defendant. The officer couldn't even tell the court how to test the calibration of the RADAR gun. For those reading this who were not cops, you test the calibration of a RADAR gun with two tuning forks that vibrate at calibrated speeds, and  pushing an internal calibration button. The "Judge" didn't care. In an environment where the judge is also the prosecutor they should be erring on the side of the defense. When they obviously do not then it's not justice but rather revenue collection. 

    You said you came to Tennessee in 1998.  There is a long history waaaaaaay before 1998 of Smyrna being one of Tennessee's biggest speed traps.  It was on the main highway to Nashville before the Interstate was built and greatly supplemented the local economy.  When the Interstate came through, it killed off some of that revenue.  I don't know how it is today.  I haven't been down there in years.  From what you said above, it sounds like it hasn't improved a lot.

  5. 33 minutes ago, Capbyrd said:

    And the cop could have said, "You know, it's stupid to threaten force to enforce a rule that is supposed to be about protecting someone."   And then NOT pulled him over and everyone would have gone home safe and happy that day.  

    If the laws aren't enforced, there is no need in having them.  I would imagine that the Patrolman would never have thought that he would have to use any kind of force on a seatbelt infraction.  Normal people would have taken the ticket and gone on about their business.  Unfortunately, there's always those few who think the law does not apply to them and they can do whatever they want.

  6. 22 minutes ago, Capbyrd said:

    There it is.   Perfect example.  Wear your seatbelt for safety and if you don't we are prepared to kill you to make sure you do.  Haha.   The absurdity of it.  

    She admitted she made a mistake.  She was going for her Taser.  It was a bad mistake.  However, it would have never gotten to that point had he just taken the ticket and gone to court to argue his point there.  Police cannot let someone go just because a person feels they don't deserve a ticket.  There would be no need for traffic laws if that were the case.  Two ways this could have been prevented.  (1) He could have worn his seatbelt.  If he didn't like the seatbelt law, he could have contacted his legislative representatives, argued his case, and ask that they change the laws.  (2) Take the ticket and go to court to state his case there like most rational people would have done.

  7. From the NRA.

    Tennessee: Setting the Record Straight on “Red Flag” Legislation

    _0038_tn.jpg?width=600&quality=70&format

    Recently, a representative of a Tennessee based fundraising group that purports to support the Second Amendment has been implying that the NRA supports so-called “red flag” legislation that would deny gun owners their Second Amendment rights without due process.

    To be clear, the NRA strongly opposes SB 1178 /HB 1446, and SB 943 /HB 1049, as well as any other so-called “red flag” bills that would deny an individual their Second Amendment rights without due process. 

    Please contact the members of the Senate Judiciary Committee and urge them to OPPOSE SB 1178.

    click-here-take-action.gif?width=500&height=61

    SB1178, sponsored by Senator Steven Dickerson, will be heard in the Senate Judiciary Committee on Tuesday, March 26th. This egregious gun control bill seeks to create an avenue by which gun owners could lose their gun rights following an ex-parte hearing where the gun owner would have no opportunity to challenge the claims being made by a petitioner.  A gun owner who has an order issued against them would have no ability to transfer their firearms to a third party. Further, this bill includes vague definitions of relationships without timeframes where someone could petition for an order against someone they have not seen or lived with in 40 years.  NRA opposed similar legislation, Senate Bill 670, during the 2018 legislative session.

    These bills do not respect a citizen’s right to due process and the NRA strongly opposes this legislation as we always have.

    Again, don’t let disingenuous fundraising efforts divide Second Amendment supporters in Tennessee with erroneous claims and shallow scare tactics.

    • Thanks 1
  8. 2 hours ago, Omega said:

    I didn't have a choice, the military collected my DNA and submitted it to a database for ID purposes.  Now, that database is open, with subpoena(?), to LEO to find criminals. 

    Not to mention the hackers you have to worry about too.  I would imagine they could cause havoc in a database like that if they ever got into it.

  9. 8 hours ago, Capbyrd said:

    Using this story as a reason to build a wall is ridiculous.  You can find stories like this daily that have nothing to do with immigrants.   

    Those stories that happen everyday that have nothing to do with illegal immigrants are definitely hard to stop.  The stories that do involve illegal immigrants are much easier to stop.  If the criminal element are not allowed here, they can't murder anyone.  That's an easy fix, good border security, vetting who enters the country, can stop these incidents.  Protecting our own citizens comes first, at least for me.

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