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Stegall Law Firm

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Everything posted by Stegall Law Firm

  1. A gun shop providing trusts is engaging in the unauthorized practice of law. That's a Class A misdemeanor in Tennessee and a possible violation of the Consumer Protection Act. Gun shops sell guns, period. They shouldn't be providing legal services.
  2. I have two different ones for two different AKs. On one I've got a Russian Kobra on a side rail mount. The Kobra has four different settings and all very clear and crisp, but it's got two problems. One is that the Kobra is a freaking brick, both in size and weight. The thing's just big and heavy. The other is that the battery life is about only 50 hours. You've really got to stock up on batteries. I wouldn't recommend it unless you just want to go authentic Russian. And on a side rail mount it's going to sit up real high. But mine is very serviceable, definitely rugged, and I got it used for pennies on the dollar. On my other AK variant I have a Bushnell Trophy TRS 25 on an Ultimak rail. It's basically a less expensive version of an Aimpoint Micro. I really like it. It's the opposite of the Kobra. Small, lightweight, sits real low and cowitnesses with the irons perfect. At first the red dot was more like a slash, but not anymore. It's a true, round dot. Maybe it had to be broken in or something. You can get one for around $80. For a fraction of the cost, it probably does most of what an Aimpoint can do. Nutnfancy has a good review on Youtube.
  3. It doesn't seem like a local prosecutor would be able to supercede the power of the Dept. of Safety. Does DOS even know about this so called "lifetime ban"? It sounds like something that could be challenged.
  4. I recently represented an individual here in Memphis who quite accidentally brought his gun into the airport and was charged. He was charged with Class A misdemeanor unlawful possession, and also with Class A airport and aircraft security, an unusual Tennessee law which states that it's an offense to unlawfully enter an airport in violation of or contrary to security requirements established by federal law (it's TCA 39-17-109 if you want to look it up). Thankfully he was not charged with any federal violations, although he did have to pay a $1500 fine to TSA. What happened was that this was basically a huge mental lapse on the client's part, and he realized it right away. He travels a good deal for work, owns a handgun and has a valid carry permit. He went to the airport that day to fly out and simply forgot that he had left the gun in his briefcase. He put the briefcase on the scanner, and, well, you can figure out the rest. This being a misdemeanor he was not arrested but was instead given a citation. For the same reason he did not have to surrender the permit. Here's what happened at court. The case was dismissed at costs. We were very relieved. Initially the prosecutor wanted the client to go on judicial diversion, which isn't the end of the world but is not nearly as good as a dismissal. Under diversion the client would have to have pled guilty, gone on supervised probation for 11 months/29 days, then come back to court to have the case dismissed. It would have entailed all kinds of extra fees and costs, in addition to the stigma of being on probation. This was a professional individual who'd never been in any kind of trouble before, and was just careless in the wrong place at the wrong time. After some finessing with the prosecutor, they agreed to dismiss it if the client paid costs that day. Also, for some reason the prosecutor wanted to see the client's carry permit. (Thankfully he had brought it with him.) The case was dismissed, client paid about $108 in costs, then I had an expungement order prepared and signed right after. Currently I am trying to work with the airport to get the gun back. I don't know if I'll be successful. Since the client did break the law they may not return it. So the moral of the story is, obviously, don't leave your gun in your bag when you go through security. It's a strict liability crime, so even if you just forget or have no bad intention you can be charged. Interestingly, although the client was charged with class A unlawful possession, since he had a valid permit it appears he should have been charged just with class B possession under 1359. The Memphis airport is posted. But the other charge, the funny one that makes it an offense to enter an airport in violation of federal security laws, would have stuck. We were lucky in this case, but it could have gotten nasty if the feds decided to get involved. In another jurisdiction, like Nashville or Chattanooga, they may not be so lenient. I think they basically gave the client a break, and saw it for the honest mistake that it was. I was surprised by the $1500 TSA fine (and so was the client), but I guess you can chalk that up to government sticking it to the citizens every way they can.
  5. That's one of the more bizarre settlement offers I've ever heard. "Sell the gun and we'll dismiss the charge." I assume the pistol was siezed upon arrest, so they must have had to make arrangements with the property room to release it so the defendant could pick it up to go sell it. I mean, really... Someone should go to Bill Bernstein's shop and buy it, if it's still there. The owner would have an interesting story to tell.
  6. I have advised folks in the past that it may be a good idea, for various reasons, to request a trip to the hospital after a self-defense shooting. If they take your blood and it comes back even at just say .03 then that doesn't look real good. Where something like that could really hurt is if the gun owner struck an innocent person and were sued. That BAC would be absolutely damning. Not only would it seal the plaintiff's case for negligence, it would probably be all over the media and the gun owner would become a pariah, a social outcast, in addition to very poor and sleep deprived. (Even if you don't get your blood taken, if you are sued it'll come out one way or another if you were drinking before the shoot.) I've been guilty of this myself before but it's true that guns and booze don't mix. As gun owners we are placed under a microscope, and if we're ever in a shooting situation everything we do will be analyzed and second-guessed by people who weren't there. So even in your own home you have to real careful. You just never know what's going to happen. For various reasons, mostly health and financial, I've just about stopped drinking completely (not that I was an alcoholic or anything; really just a social drinker). I've found that I just don't need it, and it saves money. But that's probably for another thread.
  7. This being a business matter I'd like to keep it private. Still waiting.
  8. This guy was up to some serious no good. Apparently someone down there wanted a lot of AR15s. My wife is from Colombia and we talk about moving there one day. Now I know how not to ship my guns there. AMERICAN HUSBAND AND COLOMBIAN WIFE CHARGED WITH UNLAWFULLY EXPORTING FIREARMS TO COLOMBIA (HOUSTON) РAn American husband and his Colombian wife have been arrested and charged with smuggling firearms to Colombia, United States Attorney Jos̩ Angel Moreno announced today, along with Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Dewey Webb and Homeland Security Investigations (ICE-HSI) Special Agent in Charge Robert Rutt. http://atf.gov/press/releases/2011/03/031011-hou-american-husband-and-colombian-wife-charged-with-exporting-firearms-to-colombia.html
  9. Could someone in management contact me about some changes I'd like to make to my banner ad? They're pretty minor changes. Thanks.
  10. Yes. That form applies only to firearms and destructive devices. (bubbadavis called it in your first thread, btw)
  11. Be sure to check out my article on the Memphis trial of Harry Coleman, the Tennessee carry permit holder convicted of murder. Coleman was set to be sentenced last week but it got continued to next week. He'll be looking at a minimum of 15 years, maximum 25 for the killing. No parole eligibility. He's also facing several lesser charges that could add more time. Mr. Coleman hasn't been doing too well since the trial. Apparently tried to kill himself shortly after the verdict was announced, and then he had a stint in the mental health facility. That's probably why the sentencing has been delayed. Just another odd twist in a strange case.
  12. You're going to need what's called a Form 20. http://www.atf.gov/forms/download/atf-f-5320-20.pdf Submit two to the feds, get one back, and you're good.

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