-
Posts
8,066 -
Joined
-
Last visited
-
Feedback
0%
Content Type
Forums
Events
Store
Articles
Everything posted by Fallguy
-
My buddy canynracer answered it fairly well. Depending on where you work, you probably consented to a search of your vehicle when you were first employed, signed your handbook or the like. But if you have not consented to a search, then IMO no, they can not legally search your vehicle. Even if you have consented, you can still refuse, but as canynracer said, you will probably be terminated. Or let's say you are driving on to the property and they want to search your vehicle...again you can say no, but they can also then refuse you entry to the property. So while you may can keep them from searching, the outcome may not be that good anyway.
-
Welcome
-
Natchez Trace State Park in Henderson and Carroll counties is a state park. Tennessee State Parks: Natchez Trace State Park The 400+ mile Natchez Trace Parkway in TN, AL and MS is a National Park. Natchez Trace Parkway (U.S. National Park Service)
-
Until Feb 2010 that is....
-
Approaching Local Government officials about park carry?
Fallguy replied to Fallguy's topic in 2A Legislation and Politics
Retired and out of state officers may not be able to carry in local parks if the are off-limits. But I believe current, full-time, TN LEOs could still carry. No matter if they are off-duty and/or out of their jurisdiction. 39-17-1350 regulates LEO carry in TN, by TN officers and it states that LEOs can carry 24/7 on or off duty in TN except for a list of places and parks are no on that list. -
Cross country trip. Need help with carry info!
Fallguy replied to a topic in Handgun Carry and Self Defense
When a state has preemption it means generally local governments can not pass local ordnances in regards to carry or possession of firearm. So in Oregon it's saying that by state law Open Carry is permitted, however if there is no preemption that means a city could pass a local ordnance against it. So in Iowa it means open carry is permitted while you are walking down the street or within in your car, if you have a permit and local governments can't pass ordinances to the contrary. But...a TN HCP is not recognized in Iowa anyway... -
Ok, in TN it's a right on private property and a privilege in public.
-
Yep, but you might be surprised how many people that are complaining about this don't know the law on the matter.
-
LOL Hard for some to compute that, isn't it?
-
I still maintain that 39-11-611((1) and 39-11-611((2) are saying if you are doing something illegal, the "no duty to retreat" does not apply if you are acting illegally and that 39-11-611(d)(3) is saying the "presumption of part ©" does not apply if you are acting illegally. Neither have to do with the actual use of the force. Restrictions on the use of force are covered under part (e) If the legislature intended to not allow you to use force at all to defend yourself if you are acting illegally, it would have been under part (e). But being where it is they are saying you don't have certain other privileges, such as being able to stand your ground or the presumption of being in fear of imminent death or serious bodily harm.
-
Well all "liquor" licenses are issued by the state. But "beer" licenses are issued by the local beer board. So some of the problem is that not all "alcohol" is treated the same in TN. I'm sure you've noticed that you can not buy package liquor and beer in the same place, even if both are legal within the same location. So I wasn't really talking about the "local loophole" as much as two different levels of governments have control over different items that are affected by the same bills. So unless you but all the control under one level, the state would have to issue guidelines to local governments to get the "bar license" idea to work.
-
Part of the problem would be that you would also have to force local beer boards in counties/cities where liquor sales are illegal to issue different types of "sale for onsite consumption" beer permits. Although it shouldn't be that hard I guess, the law could define the different types of permits and the standards for each. But some could see it as the state interfering with local control....
-
Well said... The question is, does a handgun in a locked container and/or in my locked vehicle unreasonably infringe on the rights of the property owner? My opinion is, No. Reminds me of something my dad always said..."Your right to swing your first stops where my nose begins." Dad just seems to get smarter and smarter the older I get.
-
Hmmmmm...... I admit, I don't think it was the intent of the legislature to say that if someone accidentally finds themselves in a park after closing (technically trespassing) that they no longer have a right to self-defense. Also it does seem that 39-11-611((1) and 39-11-611((2) have more to do with the duty to retreat before using force and not the actual use of force. And 39-11-611(d)(3) seems to be saying that the presumption in part © will not apply if you are engaged in illegal activity or using the places (home, car, dwelling etc...) for illegal activity. But doesn't flat out say that self-defense would never apply. You just wouldn't have the presumption of the fear of imminent death or serious bodily harm that you otherwise have. Hmmmm...... I came into this thinking that if you were doing something illegal, that there is no way you can claim self-defense, but I admit after reading it a bit closer I more think that you just wouldn't have stand your ground or presumption parts, not that you couldn't ever claim self-defense. You just would have much more of burden to prove it than you might otherwise have. The person in the park after closing would probably have much less of burden than the guy engaged in a drug deal. ***But remember..IANAL nor did I sleep at a Holiday Inn Express last night....
-
Welcome One note....you have Handgun Carry Permit - HCP. You can carry openly if you choose to. My daughter is not old enough to legally carry yet, haven't got my mother to get her HCP and no current girlfriend. There is a Women and Firearms forum on the board, you may check in there for ideas. Enjoy the site.
-
Cross country trip. Need help with carry info!
Fallguy replied to a topic in Handgun Carry and Self Defense
Do you have a carry permit? If not there are only few states you can keep the handgun loaded while within your car. But Handgunlaw.us is a good site for a state-by-state break down also they have a Car/RV carry page. -
Approaching Local Government officials about park carry?
Fallguy replied to Fallguy's topic in 2A Legislation and Politics
He didn't really say. You can see the AG opinion here Question 7 IMO, this is another one of the reasons for the "substantially similar" language in 39-17-1359. In the sign the property owner could say "...has banned the open carry of handguns....." or "has banned the concealed carry of handguns....." instead of just banning weapons all together. However based on some of the other answers in the same opinion I would also say that a simple verbal announcement on what type of carry is allowed or not allowed would suffice as well. -
Pretty much, although I think the Sheriff only gets a copy of your application. Here is what the law says they are supposed to with the fingerprint cards. 39-17-1351 (g) (1) Upon receipt of a permit application, the department shall: (A) Forward two (2) full sets of fingerprints of the applicant to the Tennessee bureau of investigation; and ( Send a copy of the application to the sheriff of the county in which the applicant resides. (2) Within thirty (30) days of receiving an application, the sheriff shall provide the department with any information concerning the truthfulness of the applicant's answers to the eligibility requirements of subsection © that is within the knowledge of the sheriff. (h) Upon receipt of the fingerprints from the department, the Tennessee bureau of investigation shall: (1) Within thirty (30) days from receipt of the fingerprints, conduct computer searches to determine the applicant's eligibility for a permit under subsection © as are available to the bureau based solely upon the applicant's name, date of birth and social security number and send the results of the searches to the department; (2) Conduct a criminal history record check based upon one (1) set of the fingerprints received and send the results to the department; and (3) Send one (1) set of the fingerprints received from the department to the federal bureau of investigation, request a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the department.
-
To directly answer the question, I'm really not sure. However I think a TICS check and a Criminal History check are two different things. Also I don't think all the things that can disqualify you always get entered into a state or federal level database. So that is one reason a copy of the application is sent to your local sheriff to verify the accuracy, to the best of their knowledge, the information you provide. Here are a few websites with a little bit of information. Records & Identification Unit - FAQs TBI Instant Check System http://www.fbi.gov/hq/cjisd/fprequest.htm http://www.fbi.gov/hq/cjisd/nics.htm