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Fallguy

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Everything posted by Fallguy

  1. Maybe.... But if it is ruled justifiable self-defense you can't be convicted of a violation of the law under Title 39, Chapter 17, Part 13 of the TCA which 39-17-1359 falls under. Even though it says "shall not be charged" the TN Supreme Court has ruled that since it also says "convicted of" it means a person can be charged since that is the only way the could be in jeopardy of being convicted. But the DA could decided not to charge you in the first place if he thinks it is self-defense. But if it is a questionable shoot, the $500 fine for violating 39-17-1359 is probably your least worry.
  2. Yes, as long as there is not a round in the chamber.
  3. http://www.tngunowners.com/forums/tennessee-politics-legislation/34965-parking-lot-bill.html
  4. That is why I said in violation of 39-17-1311, I guess it would vary from city to city as what the penalty for violating a city ordnance was. But good clarification.
  5. Everyone is pretty much right so far. If the property is posted with a sign that conforms to 39-17-1359 (http://www.tngunowners.com/forums/firearms-law-faq/21580-tca-39-17-1359-tennessee-prohibition-carry-notice.html) it is $500 fine if you are convicted. One thing to keep in mind it is a misdemeanor so the only way an officer can charge you is if it occurs in his presence, which if you are outside when he arrives it hasn't. The owner/manage or someone else responsible for the property would have to press the charges. I would be willing to bet the percentage of those that would do that as long as you didn't come back are very low. If a place is not posted with a 39-17-1359 sign, you may violate their policy if you carry, but you have broken no law. However if told to leave you must, otherwise you could be charged with trespassing 39-14-405 Also see TN AG Opinon 07-148 Questions 5 & 6.. A Class C misdemeanor offense (up to 30 days in jail and a $50 fine) If you carry in a posted park in violation of 39-17-1311 it is a class A misdemeanor which is punishable by up to 11 months and 29 days in jail and a fine up to $2500 For reference 40-35-111 Authorized terms of imprisonment and fines for felonies and misdemeanors.
  6. They probably can't, but they may fire you for not allowing them to. As has been said, TN is a Right to Work state and you can be let go for any reason. However at some point when you hired in you probably signed something that said you were given a copy of the companies policies and that you have (or will) read and understand them. Within those policies is probably consent to search.
  7. Sent mine... Said LE sells other confiscated items, why not firearms? No reason to destroy them just because they are firearms.
  8. Several post removed to clean up thread. Remember this post from the admin? http://www.tngunowners.com/forums/tn-gun-owners-announcements/32933-off-topic-remarks-thread-hijacking-becoming-problem-again.html#post430134 Nearly half of the post in this thread were distracting from the topic at hand. Everyone likes a joke, but that is the trouble, EVERYONE does. So everyone thinks they have to get in their shot and pretty soon the topic of the thread is lost in jokes and back and forth about other things. Lets all try to do a better job in keep thing threads on topic and not detracting from them. No need to reply to this post as it would just start another off-topic discussion. Thank you for your cooperation.
  9. Here is what the law says... Unloaded is defined in 39-17-1301(18)
  10. There's not much you can do. Either leave it at home, or violate company policy, keep your mouth shut and be ready to take the consequences if ever found out.
  11. Unfortunately probably answered your own question...."his knowledge of... the U. S. Constitution"
  12. I think some of the different opinions have to do with different ideas of what "draw my weapon" means. Some see a difference (as do I) between simply removing it from the holster and keeping it at the low ready and actually aiming it at someone. In this case it may have been a bit much to aim it at the truck, but I think having it at the ready is just fine. I probably would have called the police to report him driving through my yard (if I had any information I could give them) but no real reason to mention that you had drawn your weapon into the ready position. Not sure what the driver possibly being drunk has to do with it either, if a person is a viable threat, what difference does it make if they are intoxicated or not?
  13. AFAIK they do have School Resource Officers now. But as you point out they work for someone else. I think they want police officers that work for them.
  14. The restaurant carry law that passed but then was ruled void, did contain a provision that you could not consume while you were inside the restaurant. The two current restaurant bills do not have that provision.
  15. The law simple says you can not be armed and under the influence. You can be under the influence and have previously consumed. You can be in the act of consuming and not be under the influence. As stated in the other thread, this not meant to be legal or medical advise and should not be seen as suggesting or condoning any course of action!!
  16. Not everyone's morals are the same.
  17. Didn't make it anywhere today. But am planning on going to Big Bend National Park in TX in April, will have mine with me then. May even have the AK in the truck as well.
  18. Well as has been said "under the influence" will be determined by the LEO on the scene (as far as charging you or not). ...and you are right in that different officers may see the same situation differently.
  19. +1 Just a slight correction, there is a law that says the driver of a vehicle can not have an open container of alcohol. But you're right in that he could have just drank X amount of alcohol and as long as he is not under the influence, it is legal to drive and carry.
  20. Fallguy

    Im Drunk

    Been doing single father domestic duties all day today....seem some Natural Ice coming on later this evening....
  21. Because even if the law is going to take your word that the other person forced you, they are going to want to hear your word telling them that.
  22. Well you can search by zip code and it will give you a lost of all in that zip code. So you don't have to know a name.
  23. Although two physically different things, as far as the database of info goes your DL and HCP are the same thing. If you change the address on one you are automatically changing the address on the other, at least in the states database. Notifying of a change of address is all that is required by law. You do not have to get a new DL or new HCP with your new address on it. But there should have been a page at the end of the online process that gave you an opportunity to print it that says you have done an online address change. It instructs you to hand over that printout with your DL/HCP to an officer and it explains why the address on your DL/HCP is different than the one that comes up on a computer check. The cost of a duplicate HCP is $5 and I think the the cost of a duplicate DL is $7 so it sounds like that is where your $12 went.
  24. Yes, it comes up when they run your DL. As you may have noticed it has the same number as your DL. One reason he may not have said anything is that he didn't see the need to bring up a subject that didn't pertain to the subject at hand (driving infraction).
  25. Sorry, don't really know. But from Tennessee Bureau of Investigation Firearm Background Checks

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