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Thread: Tennessee Nurse David Blackwell sues for gun rights

  1. #1
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    I'll go down to Chancery Court this week and get a copy of the petition.

    http://www.wate.com/Global/story.asp?S=12403014

    NASHVILLE (AP) - A registered nurse, who was pardoned of a felony drug conviction, has filed a lawsuit against state officials in an effort to win back his gun rights.
    The suit filed Thursday says the state of Tennessee is ignoring the Second Amendment rights of anyone who's given a pardon that also restores gun rights. It is asking a judge to stop the state from denying the gun rights of people given these special types of pardons.
    David Scott Blackwell of Franklin, Tennessee, was sentenced to five years in prison in 1989 after being convicted of selling cocaine in Gwinnett County, Ga.
    He was pardoned by the state of Georgia.
    Tennessee law forbids anyone convicted of a violent crime or a felony drug charge from legally possessing a firearm. Federal law also bars felons from having a gun.

    http://countusout.wordpress.com/2010...-to-bear-arms/

    http://www.wbir.com/news/local/story...58&catid=2

    http://www.tennessean.com/article/20...ssess-firearms

    http://www.washingtonexaminer.com/br...-92449919.html

    Chancery Court Davidson County
    615-862-5710 file room for copies
    Historic court house
    3rd and James Robertson pkwy


  2. #2
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    edited links





































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    Very interested to see how this case turns out.

  4. #4
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    As am I which is why I went down to Chancery Court and got this. There was about 60 pages total, but at $0.50 a page I only got the petition.

    Raybin is supposedly a good civil rights guns attorney.

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    Kwikrnu,

    How is your Gun Case going against Belle Meade Tennessee?

    ************************************************** **

    Mr. Blackwell,

    I, in addition to Kwikrnu, support your Right to have a Firearm.

    I pray that the Courts take favor in your arguement.

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    aadvark wrote:
    Kwikrnu,

    How is your Gun Case going against Belle Meade Tennessee?

    ************************************************** **

    Mr. Blackwell,

    I, in addition to Kwikrnu, support your Right to have a Firearm.

    I pray that the Courts take favor in your arguement.
    I'd rather not talk about that on this thread.

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    (devil's advocate mode)

    Doesn't a pardon mean he actually WAS guilty.. but he's just being let off the punishment?

    (/devil's advocate mode)

    Not trying to start a smeg-storm on the issue.. but if I was involved on this case and had a say in the restoration of this gentleman's gun rights.. I'd want to know and fully understand the particulars of the conviction and pardon.

    (Granted I didn't read the links.. just skimmed the thread. I DID read thru the document images posted.)

    -Adam

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    I meant..., I hope its going well..., that is all.

    I respect your Privacy Rights.

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    AFAIK, an unconditional pardon (that goes so far as to specify firearms rights are restored) is functionally the same as it being wiped off your record. A pardon means you are not guilty of the crime anymore.

    Thus, it logically stands that any punishments associated with the crime would be lifted as well.

    Good luck with your case!

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    Kriegsammler wrote:
    (devil's advocate mode)

    Doesn't a pardon mean he actually WAS guilty.. but he's just being let off the punishment?

    (/devil's advocate mode)

    Not trying to start a smeg-storm on the issue.. but if I was involved on this case and had a say in the restoration of this gentleman's gun rights.. I'd want to know and fully understand the particulars of the conviction and pardon.

    (Granted I didn't read the links.. just skimmed the thread. I DID read thru the document images posted.)

    -Adam
    No, Nixon was never even charged and got a pardon.
    Peanut Head pardoned the draft dodgers in canada, some who were never tried.
    Which gave us the Zipper Malfunctions in the White House. Actions have
    consequences, let TN sue GA for pardoning people, not take it out on innocent
    citizens.

    If TN doesn't respect that, move over the border, but how would they
    know about the non crime. You don't have to declare it, and if it shows up on
    a background check it is a mistake with the record keepers that needs correcting
    not on you the wronged party.
    They would have to prove you were convicted of a felony when there is no legal
    evidence you have ever committed one. So I don't see how a jury convicts you in TN.
    Looks like a case for slander, and defamation if they say you are a criminal.




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    Kriegsammler wrote:
    (devil's advocate mode)

    Doesn't a pardon mean he actually WAS guilty.. but he's just being let off the punishment?

    (/devil's advocate mode)
    While the conventional wisdom is that a pardon makes things just as if the incident never happened, that's not true.

    See http://en.wikipedia.org/wiki/Burdick_v._United_States


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    A pardon is an act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed.


    Seems cut and dry, You can't subject him to the punishment of the crime.
    i.e. banning him from having guns is the punishment so is exempted by pardon.
    Looks like he needs to apply for a suppressor so he can sue the sheriff for not
    executing his duties as the law orders him to. Silencer is not a gun so even TN
    can't do a thing. If he gets it, then the state will be hard pressed to argue
    he can have class III firearms, but not a class I.


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    On November 23 the chancellor ordered the case dismissed.







    Last edited by kwikrnu; 12-03-2010 at 03:50 PM.

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    Last edited by kwikrnu; 12-03-2010 at 04:02 PM.

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    Congrats!

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    Quote Originally Posted by carracer View Post
    Congrats!
    He lost.

  19. #19
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    Quote Originally Posted by kwikrnu View Post
    He lost.
    He should appeal. The equal protection clause of the 14th A was misapplied in his case. The judge compared him to others that had recieved a pardon. This is not the correct group to compare him to. He should be compared to other citizens in general, as he was pardoned.

    This decision is a true abomination. Press forward with the appeal. It certainly will define the boundary between strict scrutiny and state law for firearms.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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