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Everything posted by Fallguy
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As others have said, the only legal way to use deadly force is if in you are in reasonable fear of imminent death or serious bodily harm 39-11-611((2) or to defend a third person if under the circumstances as your reasonably believe them to be the third person is in fear of imminent death or serious bodily harm 39-11-612. What other actions that are occurring or not occurring may help you, the LEO, the DA, the judge or the jury determine if you reasonably had that fear but other than that don't impact directly on whether it is a shoot/don't shoot situation.
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It may be used against you, but if in the end it ruled a justifiable self-defense shoot then by law you have no civil liability. Illegal possession/carry is not one of the exceptions in 39-11-622
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Jackson City Council Unanimous Vote on gun issue
Fallguy replied to Worriedman's topic in 2A Legislation and Politics
Jackson is where I have purchased almost all of my firearms and AFAIK the transaction wasn't different than anywhere else in the state. However I don't think the mayor and the new chief of police are as pro-gun as the council, so at least this removes one tool they could have used if they wanted to. -
That is incorrect. From the state's website Handgun Carry Permits
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It's up to tribal law. http://www.handgunlaw.us/states/usa.pdf See #12 Go here Handgunlaw.us and mouse over the Indian Nations link at the top of the page to get more info.
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Ok, Legal question about vicous dogs
Fallguy replied to Wyldk2's topic in Handgun Carry and Self Defense
You wanted to know if you could take care of a threat on your property? Shoot you can do that against humans anywhere you have a legal right to be, let alone an animal on your property. ...and your brother is a lawyer, but you come to the internet for legal advice? :Dj/k:D Hope you can talk with the neighbors and take care it. -
It would mean your HCP won't show up until the next time the CA purchases the info and updates their database. Not sure how often they do it.
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Ok, Legal question about vicous dogs
Fallguy replied to Wyldk2's topic in Handgun Carry and Self Defense
Maybe in Murfreesboro, but in the towns I've lived in I'm not sure if anyone would even call the law and if the did, the LEO would probably shoot the animal. -
Apparently the problem would be federal law, not TN law. From http://www.tngunowners.com/forums/newsworthy-reports/29127-tennessee-attorney-general-pardoned-drug-felons-cant-buy-handguns.html May also want to see this thread http://www.tngunowners.com/forums/newsworthy-reports/13130-atf-legal-analysis-tennessees-july-2008-amendment-gunlaw-restoration-rights.html
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Ok, Legal question about vicous dogs
Fallguy replied to Wyldk2's topic in Handgun Carry and Self Defense
The law doesn't so much say they have to be on a leash as it says they can not run at large. -
That's the one. Just a note though. The TN Supreme Court has ruled that you can still be charged with a crime because 39-17-1322 also has the wording "convicted of". They said the only way a person could be in jeopardy of being convicted is if they have already been charged. But if the shoot is ruled justified self-defense you can't be convicted with a violation of any 39-17-13xx law. Also the LEO/DA could decide it is self-defense and not charge you.
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This was discussed before. It was even mentioned in the media. I really don't think it will help.
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http://www.tngunowners.com/forums/tennessee-politics-legislation/33297-new-legislation-entries-2010-a.html http://www.tngunowners.com/forums/tennessee-politics-legislation/33810-hb-2694-seeks-repeal-39-17-1305-a.html http://www.tngunowners.com/forums/tennessee-politics-legislation/35398-all-gun-related-bills-delayed-3-weeks.html http://www.tngunowners.com/forums/tennessee-politics-legislation/35732-pro-gun-bill-heads-governors-desk.html
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I think the number is only the amount of times your referal link has been clicked, it doesn't necessarly mean they signed up. Maybe Dave, Eddie or someone else can verify this.
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Ok, Legal question about vicous dogs
Fallguy replied to Wyldk2's topic in Handgun Carry and Self Defense
Nothing I can add...just wanted to be a part of the thread. -
Pulled my weapon for the first time.Opinions?
Fallguy replied to Jack's topic in Handgun Carry and Self Defense
Well it could depend on the LEO/DA/Judge However acting in self-defense is a defense to above. To be acting in self-defense one has to have a reasonable fear of immenent death or serious bodily harm. Which in the OPs situation I think applies. In others it may not. So a hunter or shooter could break the law if they did something to cause you to reasonably fear for your life. -
Pulled my weapon for the first time.Opinions?
Fallguy replied to Jack's topic in Handgun Carry and Self Defense
The law changed in TN last year to clear up a problem just like this. It now says you can not use deadly force to protect property unless you would be justified under self-defense. So in other words if you are justified by self-defense it doesn't matter if you also happen to be protecting property. See Public Act 194 of the Tennessee 106th General Assembly. -
Pulled my weapon for the first time.Opinions?
Fallguy replied to Jack's topic in Handgun Carry and Self Defense
Totally agree -
Why I won't sign-up for "benefactor" status, $20 for 6 months??
Fallguy replied to a topic in Feedback and Support
So don't pay it... See no reason for this thread to continue. David can unlock it later if he chooses to. -
Pulled my weapon for the first time.Opinions?
Fallguy replied to Jack's topic in Handgun Carry and Self Defense
How do you know he hadn't decided to shoot...if/when it became necessary? If you are saying not to draw your weapon until it is necessary to fire, then I have seen many LEOs and Military that need additional weapons training. -
Lost count of how many times this has come up.... Those type signs are still signs required by 57-3-204(e)(1) - For package places and 57-4-203(k)(1) for onsite consumption locations. There are left over from the old law. These signs were never intended to prohibit carry, just warn of the consequences of illegal carry. There are bills in the legislature that will remove these requirements. HB2770/SB3772 & HB3125/SB3012
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That is only if you have waited until it has expired before you renew. You can do a renewal up to 6 months after your permit has expired. But if you do that, you can not carry until you get a new permit. However if you renew before you current permit expires, you can continue to carry, even after expiration date, as long as you have the receipt to show you applied for a renewal.
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LOL...well he did say "best case"
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Pulled my weapon for the first time.Opinions?
Fallguy replied to Jack's topic in Handgun Carry and Self Defense
Yep..."his actions" Not what might have been done if things happened differently. I think basically he got a "scolding" from the LEO and wanted to see if those on here agree with him or the LEO. -
Not that it will help you, but there is a bill in the legislature now that would allow your canceled check to serve as proof of renewal. Makes me think they maybe aware there is a problem. As far as not sending you the receipt or letter, I don't think I'd let that stand. Maybe try to speak with someone else in the officer or contact your state elected officials.