I sent the following letter to both my local DA and the AG on May 19, 2010.
District Attorney General
Kim Helper
P.O. Box 937
Franklin TN 37065-0937
615-794-7275
615-794-7299
RE: Williamson County TN sheriff malfeasance ouster
Dear Sirs,
On February 9, 2010 I delivered a National Firearms Act document, ATF form 4, to the Williamson County Sheriff’s department for Sheriff Jeff Long to sign. According to TCA 39-17-1361 the sheriff shall execute the document in 15 business days if the purchaser is not prohibited from purchasing firearms pursuant to TCA 39-17-1316. On March 2, 2010 I was informed by phone call that the document was ready to be picked up. The document was altered by sheriff Long by crossing out wordage on the document and then signed. My request was that the sheriff execute the National Firearms Act document, not an altered version. The Bureau of Alcohol, Tobacco, Firearms, and Explosives denied my application due to sheriff Long on May 17, 2010. I am a good lawful citizen and there is no reason the document should not have been signed. The execution of these NFA documents is a duty set forth to the Sheriff by the Tennessee legislature in TCA 39-17-1361. In 2003 Public chapter 275 passed 91-0. It is the will and intent of the legislature and Governor of the State of Tennessee that the law be obeyed.
The Tennessee Legislature has empowered the District Attorney General under TCA 8-47-103 to investigate any malfeasance by public officers of the State. TCA 8-47-101 states that a public official who knowingly or willfully neglects to perform any duty enjoined upon such officer by the law of the State shall be ousted from office. TCA 39-17-1361 is clear and unambiguous. The sheriff shall sign, upon request, all documents submitted by the purchaser of a NFA firearm within 15 business days.
August 7,2000 the Attorney General issued opinion 00-126. This opinion states it is the duty of the Attorney General to investigate written complaints of violations of TCA 8-47-101. “Ouster actions are governed by Tenn. Code Ann. §§ 8-47-101, et seq. An ouster action may be brought by the Attorney General and Reporter, District Attorney General, county attorney, or city attorney within their respective jurisdictions. Tenn. Code Ann. § 8-47-102. These officers must investigate any written complaint that an officer is guilty of the acts justifying ouster. Tenn. Code Ann. § 8-47-103.”
I humbly request that the District Attorney investigate Jeff Long, the Sheriff of Williamson County Tennessee, for his willful neglect of duty as required by TCA 39-17-1361.
The sheriff signed my form, but crossed out some lines. The ATF denied based upon the crossed out lines.
In Lomont v ONeil the feds cannot tell a sheriff or CLEO what to do. The States frequently tell their Sheriffs what they must do.
Anyway, the State AG is investigating my Sheriff for failure to perform his duty. The remedy for failure to perform your duty in Tennessee is an ouster action, required by tca 8-47-101 and 103.
I have emails back and forth from the Department of safety and law enforcement talking about me and this title I weapon request and my handgun permit. I think the application for the suppressor (silencer, can) is partially what led to the illegal suspension of my handgun carry permit.
The application for the weapon and the tax would probably be constitutional. I don't think locals should decide if certain wepons should be legal in their jurisdiction. I don't like the fact that sheriffs and others who are able to sign the forms can make up their rules. There should be set standards and not an arbitrary process. Something similar to the 4473 (I'm not saying I agree with all the prohibitions on the 4473).
