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Thread: Need opinions

  1. #1
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    Hey all, I came up with the attached business card idea to have the relevant laws for Tennessee carry handy for reference. I'm thinking LEO encounters, general public encounters, etc. I'd like your thoughts on the idea as well as the content. You think I missed anything?



    Thanks,

    Pol

  2. #2
    Regular Member Fallguy's Avatar
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    Not bad.

    One thing that isn't that big, but, 39-17-1359 applies to both private and public property. In other words City Hall can also use it to post their property.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

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    Good point, fallguy, thanks. I'll correct it in the final draft.

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    Okay, after reading some posts on TNFOA's website, I think that the parks and rec facilities needs to be removed. The statute clearly states that the weapons that are prohibited in parks are the ones listed in 39.17.1302(a). That list does not include handguns. Does anyone know of any court cases testing this?



    Respectfully,

    Pol


    Edited to include links

  5. #5
    Regular Member Fallguy's Avatar
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    Pol Mordreth wrote:
    Okay, after reading some posts on TNFOA's website, I think that the parks and rec facilities needs to be removed. The statute clearly states that the weapons that are prohibited in parks are the ones listed in 39.17.1302(a). That list does not include handguns. Does anyone know of any court cases testing this?



    Respectfully,

    Pol


    Edited to include links
    Believe me I agree with you.39-17-1311 does specifically list weapon in 39-17-1302(a) as prohibited...and a handgun is not on that list. But the AG disagrees with us.

    See TN AG Opinion 07-148 question 3.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  6. #6
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    Good point. I'd rather not be the test case that goes up against that. I'll be contacting my state senator and congresscritter to try to have them insert permit holders to the exemption list in 39-17-1311 (b).

  7. #7
    Regular Member Fallguy's Avatar
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    Just for a little more info....the AG was asked to review his opinion after questions from several people pointing out what we have said. He issued a second opinion confirming his first. See AG Opinion 08-26

    There was a bill to allow carry in parks this last legislative session. It was one of the many pro gun/carry bills that Speaker Naifeh killed by sitting in on committee meetings. I'm afraid the only way any pro gun/carry bills will ever pass is for him to not to be elected to the house or at least not as speaker.

    However....another point (sorry for the hijack) this law only applies to parks owned by the government, not a privately owned park.

    Just as 39-17-1305 that prohibits carry in places that serve alcohol for onsite consumption only applies to places open to the public and within the confines of the building. In other words...outside in the parking lot during the motorcycle cruise in is not off limits. Also if you are a member of private club or some other type of club that restricts entrance to only members or at least it is not open to the public, 39-17-1305 does not apply.

    All of which is a little too much to put on a card....so it is good to list the T.C.A. number and let people read the law for clarification themselves.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  8. #8
    Regular Member Fallguy's Avatar
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    Pol Mordreth wrote:
    Good point. I'd rather not be the test case that goes up against that. I'll be contacting my state senator and congresscritter to try to have them insert permit holders to the exemption list in 39-17-1311 (b).
    Oh....and I think it would be better to just scrap 39-17-1311 all together. I mean there is no real need for a list of people that are exempt... I mean you can either legally carry in public or you can't.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

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    I'd rather scrap it as well, but it may be an easier sell politically to just insert language substantially similar to 'personslicensed under TCA 39-17-1351" into the exceptions. That may help limit the media misreporting things like OMG!!11!! Anyone can carry a gun inna park!!! Think of the Children11!!!

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    Did you ever make a finished one? I think it's a good idea on the card thing...

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    Hey peanut, sorry for the delay in responding. I havn't ordered them yet, I will be soon. As far as I know, anyone can take that proof and go onto vistaprint and order their own.

    respectfully,

    Pol

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    With "Proof" watermarked on it, they may not. It denotes a Copywrite (©) issue.

  13. #13
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    I didn't realize that. I wouldn't have any idea on how to show that I'm granting permission for anyone to make these for themselves. Since the proof came from vistaprint, it's not impinging on any copyright interest they have if you use them.

    Interesting problem....



    Pol

  14. #14
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    I would love to have a Credit card sized cliff notes for the states we can carry, and also the states that we can open carry.

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