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Restaurant carry Vetoed!


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So let's assume that the law goes into effect July 1st ( I know that is not what it says but let's assume it anyway), what would they do to you if you got caught carrying before the effective date? You can't be tried for breaking a law that no longer exists. Just a question I have pondered.

You can be tried for breaking a law as it existed at the time of the offense, even if the law has since been repealed.

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So let's assume that the law goes into effect July 1st ( I know that is not what it says but let's assume it anyway), what would they do to you if you got caught carrying before the effective date? You can't be tried for breaking a law that no longer exists. Just a question I have pondered.
You can be tried for breaking a law as it existed at the time of the offense, even if the law has since been repealed.

.

39-11-112. Repealed or amended laws — Application in prosecution for offense

When a penal statute or penal legislative act of the state is repealed or amended by a subsequent legislative act, the offense, as defined by the statute or act being repealed or amended, committed while the statute or act was in full force and effect shall be prosecuted under the act or statute in effect at the time of the commission of the offense. Except as provided under the provisions of § 40-35-117, in the event the subsequent act provides for a lesser penalty, any punishment imposed shall be in accordance with the subsequent act.

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So you can be tried, but because the punishment is lessened by the subsequent act (in this case no punishment whatsoever), then then you would have no punishment?

The part...

Except as provided under the provisions of § 40-35-117, in the event the subsequent act provides for a lesser penalty, any punishment imposed shall be in accordance with the subsequent act.

only deals with crimes commited July 1, 1982 - November 1, 1989 as per 40-35-117.

So after that you would still be senteced under whatever the punishment was for the crime at the time you committed the crime.

A law doesn't take effect, until it takes effect. Until then whatever the law is, is whatever the law is. You can't break that law and use the excuse...well it was going to be legal in a few weeks.

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Guest 1010011010
So you can be tried, but because the punishment is lessened by the subsequent act (in this case no punishment whatsoever), then then you would have no punishment?
You may be tried and punished in accordance with the statute that existed at the time of your offense, even if whatever you did has subsequently become entirely legal.

What actually happens can vary quite a bit depending on individual factors.

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Guest db99wj
IF you killed someone today and tomorrow murder was made legal you would still be prosecuted for murder.

Unless you are OJ in which case you can get away with it.

Look, the glove didn't fit, so you must acquit. :):P

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Guest db99wj
Never understood that. I distinctly saw him wearing a leather glove in court.

It would only go up to mid-palm or something. Don't remember the details.

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FYI: There has been another thread about the override started http://www.tngunowners.com/forums/tennessee-politics-legislation/40576-tennessee-senate-overrides-restaurant-carry-veto.htmland

Since this thread is getting long, bit off-topic and the Title no longer reflects the main topic of discussing if you want to discuss the veto override and the upcoming vote in the house you may want to post in it.

Going to leave this thread open for now......

Edited by Fallguy
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Guest ArmyVeteran37214

:) while reading some to the dumbest comments being posted on news sites around the state!

In-Before-the-Lock.gif

Edited by StreetWK05
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