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c.a.willard

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Posts posted by c.a.willard

  1. Well, I don't think he's a danger to the public...  I've said repeatedly that the provision they used to revoke his permit should be taken from TDOS because in every case we're aware of it has been blatantly abused.

     

    How could this set us back decades?  Current case law in TN says that just the fact you have a firearm does not give the police RAS or PC for a search, that they must have some specific to that individual firearm that it's being possessed in a criminal manner.  So I see the search being upheld as constitutional as a huge setback for firearm rights in this state.  How does this impact normal people?  Lets say you're carrying a firearm in the back of your car while driving, or sitting inside your home against the doorjam...  Does that man just because an officer sees a firearm he automatically gains RAS for a search of that firearm?  Today the answer is no, a bad ruling in this case could change that.

     

    Second, it's likely that state law requiring one to produce federal tax records to local law enforcement violates the supremacy clause...  Since federal law says that tax records can only be given to states with a valid court order.  ATF forms are included in that law today...  If the police can demand these tax documents on the street, where else and what else can they demand that you provide?  Can they come to your home and demand you produce federal ATF paperwork because they have reason to believe you have an NFA firearm?

     

    Again it doesn't matter what the container looked like, the fact that he was carrying a firearm under current case law is not RAS/PC to detain or search the firearm unless they can articulate something specific about that firearm that makes them believe it's illegal.

     

    He's facing felony charges, and my guess is they'll offer to drop the charges the day he agrees not the file suit against Nashville PD...  but it's costing the taxpayers a lot of extra money to keep doing this... from a pure cost perspective, it would be much cheaper to dismiss the charges and agree to pay him $10k for his trouble and be done with it...  but because the DA wants to make an example out of somebody who likely didn't break the law, Nashville residents are going to pay $75-100k in legal costs.

     

    They did articulate their RAS/PC.  The case made it appear as if the AR had an attached suppressor and an magazine inserted into the mag well.  The case was specifically designed to draw the attention of LE, he even said so on his website for a while until he was finally smart enough to take that down.  A suppressor is a prohibited weapon, though there are defenses to it, and you can not carry a loaded rifle.  The officers did a preliminary search to determine if the weapon was in fact loaded, in the process they confirmed the presence of what appeared to be a suppressor.  They confiscated the weapon as is and then obtained a warrant to break open the lock and inspect the contents further. 

     

    Lenny's defense is that he is the registered owner, the reality is, his FFL with SOT is the owner and he is the proprietor for his FFL. Unless he can figure out a way to explain how carrying the supressor through downtown Nashville was incident to his carrying on of his business he is screwed. 

  2. Even if they were aware of the incident that cost him his HCP permit, it's not a disqualifying event when applying for an FFL.

     

    FFL's are shall issue, unless there is a specific documented disqualifying event.  ATF had no choice but to approve the FFL.

     

    And even in this case, shall issue is a good thing, you don't want the ATF having any leeway in who gets an FFL and who doesn't.  Last thing we need is F-Troop with some subjective authority.

     

    I'm glad to see my local DA wasting taxpayer money trying to play chicken with Voldemort...  It would have been a lot less expensive to dismiss the charges, and pay the guy $10k to go away...  

     

    Now, the case goes to court, wastes more taxpayer money and the DA is bound to loose, since the police had the SOT paperwork entered into evidence before Voldemort was arranged let alone formally charged. Voldemort turns around and then files a lawsuit with big 0's which inturn the city settles out of court for $50k or so...

     

    Or worse the DA wins, and more of our gun rights go out the window...  lose - lose for the tax payers.  Does anybody think Voldemort is going to agree to a dismissal if we agrees not to file suit against the city?  Me either.

     

    Now, don't take my post as somehow defending what Voldemort did...  just that the police screwed this one up when they kept him after they new it was a validly registered silencer (which was lawful to carry under TN law).

    Honestly I think the fact that it was on a form 3 is going to come back to bite him in the rear.  He is going to have to prove that carrying the silencer around downtown Nashville was incident to carrying on his business.  Had it been been registered to him individually and not his SOT then the proof of legal ownership alone would have been an affirmative defense.

     

    39-17-1302.  Prohibited weapons.

      (a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

         (5) A firearm silencer;

      (b) It is a defense to prosecution under this section that the person's conduct:

         (6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1);

       (7) Involved acquisition or possession of a sawed-off shotgun, sawed-off rifle, machine gun or firearm silencer that is validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision (b)(7) shall retain proof of registration; or
       
        (2) An offense under subdivisions (a)(2)-(5) is a Class E felony.

  3. woohoo, voldemort thread.  These are my 5th most favorite TGO threads. 

     

    Just for those curious my order goes

     

    1. anti Obama/obamacare threads (they are always full of pictures and memes which keeps it simple for me)

    2. pro gay-anti gay-can we please stop talking about gays threads (come on, you all know you love them)

    3. AR vs AK threads (haven't seen one of those in a while, maybe i should start one)

    4. Glock vs 1911 vs whatever threads

     

     

    most of the threads are pretty decent, but those 5 have a tendency to result in some hilarious posts.  Honestly, i just commented to make it easier to follow.

    • Like 4
  4. For those that may feel the need for a legal CYA i will include the email from the ATF

     

    FIPB Regulatory Email inquiries <FIPB@atf.gov>
    12/18/12
    cleardot.gif

     

    cleardot.gif
    cleardot.gif
    to me
    cleardot.gif

    Thank you for your recent inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This is in response to your email in which you stated you are active duty military stationed at Ft. Campbell.  You further state that Ft. Campbell is located in two states and you inquired if you can legally purchase a handgun in either State.

     

    ATF is aware that the Ft. Campbell Army Base is physically located in two States. Given this unusual fact, under the Gun Control Act (GCA), a member of the Armed Forces who is stationed at Ft. Campbell Army Base would be considered a resident of both Kentucky and Tennessee regardless of the State in which the member maintained his or her residence.

     

    ATF has addressed this issue in the August 2004 FFL Newsletter.  Please see the Newsletter for further information:  http://www.atf.gov/files/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf

     

    If the link does not work for you, do a google search of ATF Newsletter 2004-08 should.  It will be the first result.

    • Like 1
  5. What is the difference in 556 nato and 556 wylde?

    Is there a preferred barrel length for 6.8?

     

    The difference between 223, 5.56 and 223 wylde cambering has to do with the the length of the throat, also called the lead.     The 5.56 has a longer lead to deal with the higher pressure of NATO spec ammo, it is almost double the .223 lead (for the lower SAMI spec .223).  The wylde is a hybrid between the two offering a chamber that is tighter than a 5.56 for improved accuracy while still having a lead that is long enough to safely shoot the higher pressure NATO rounds.

    • Like 1
  6. well, if you don't feel like switching out the bolt you only really have two options, the 5.56/223 or 300 BLK.  Which do you want it more for, coyote or deer. If deer I'd go with the 300, if coyote I'd find a good varmint barrel for it in 223 wylde. 

     

    You can hunt both with either caliber, however alot of hunters do not feel comfortable enough in their abilities to utilize a .224 caliber round on a deer. And the slower 300BLK while it would work is not ideally suited to long range varmint.  (that being said there are some amazing shooters out there really pushing the distance on the 300BLK cartridge)

  7. I am a EST (engagement skills trainer) operator for my reserve unit, did the same thing for my active unit.  Some of the electronic trainers,like the EST are amazing teaching tools, but they should be used with the same general rules as a live weapon.

     

    I cant say about this system, but on an EST i can show an individual shooter everything the weapon is doing during the shooting process.  When paired with a decent coach it is one of the better ways of identifying shooter deficiencies and without the ammo expenditure to boot.

     

    Electronic shoot don't shoot training is great, practicing with blanks/simmunitions using large groups of role players may be better, but it is not as cost effective.

     

    The systems are only games if they are treated that way, when used how they are designed they are nearly as effective as live fire training and in some cases even more effective.

    • Like 3
  8. I hate to be the bearer of bad news, but those E forms may not have saved you any time.  From my understanding the NFA Branch has stopped processing trusts for now until after the changes take effect.  Something about it would save them work in the long run.  I'm sure one of the more knowledgeable NFA folks will be along soon with more clarity, or you could check with the processor to see if the pause on trusts is factual.

    • Like 1
  9. I understand demand drives price, but i can't see this as being any more difficult to engineer and manufacture than say the timney or geissele triggers.  It it was closer to the 250 mark and had a really good trigger pull one the slow setting i could see them selling like hot cakes. 

  10. So, Merry Christmas to this guy.  I just reenlisted in the reserves, and lo and behold i have one of the few jobs that still gets a bonus.  It was totally unexpected, but im getting a little over 10,000 total; 5,000 upfront the rest over the period of enlistment. I loose a lot of it initially on taxes, but since i am a full time student this year,  our income is relatively low and we always overpay, I expect to get most of it back.   Last month I had to sell a rifle to cover the bills until the VA fixed my school stuff, which they have.  Because i sold it with no second thoughts (Bills always come first) my wife has agreed to allow me to spend a portion of the initial bonus on a new build.  I'm allotted around 1500 of the money coming in for the new build.  The remainder will be primarily placed in savings with a little used for Christmas spending for the wife and daughter any tax return automatically goes into savings as well. 

     

    This is what i am looking at so far

    [url=http://s987.photobucket.com/user/cwillard1983/media/BuildSheet_zpsdcb9b278.jpg.html]BuildSheet_zpsdcb9b278.jpg[/URL]

     

    Im trying to come in under 1500, still need barrel, gas block, front sight (probably go with the magpul for the price).  As always i welcome any suggestions or advice, i am not adverse to changing out parts as long as they are still quality.  And yes, i understand once complete i am obligated to post pic's

     

    thought i should probably add this, I am planning to shoot mostly supersonic for the time being, would love to eventually get a can for the gun for subs but not for a while(maybe a graduation present for myself someday)

  11. So please tell me Chuck, who ALWAYS has a recorder on them? No one except someone who's looking for a confrontation. Maybe the dude was 100% right...the recorder bugs me. What the hell....I'll start carrying one tomorrow. Never know when something cool might happen. That's all I'm saying. For some reason, all those Georgia boys are carrying recorders. Why? I still smell a rat! Sorry.

     

    DaveS

     

    Dave, I think that is a slippery slope your traveling down with the recorder.  Not tremendously different from the leftest argument that carrying a gun means your seeking confrontation.  Personally i don't see the need for me to carry a recorder, but i can understand why some feel that it is in there best interest to record conversations with LE.   I wish i could say that there are no dishonest police officers, but we both know that that is not the case.  Additionally it assists in preventing the he said she said that can come from encounters with non LE, like the security guard in this case.  Again, i agree that i dont find it personally necessary, but it is not a guaranteed indicator that someone is seeking confrontation either.

    • Like 3

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