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Is Tennessee really a SHALL ISSUE state?

kwikrnu

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Brentwood, Tennessee
How can Tennessee be a "shall issue" State if my permit is permanently suspended by an employee of the State with no proof, evidence, or sworn affidavit? It seems, however, that Florida is a "shall issue" State because they just issued me a handgun carry permit.

Things that make me wonder.
 

kwikrnu

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Brentwood, Tennessee
Um...You were the one who canceled your appeal. So, you are the one that gave up your permit.

Which came first the suspension or the appeal? The TN permit is permanently suspended with no process set forth to get it back. Furthermore, the permit was illegally suspended.
 
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kwikrnu

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There was an appeal that you canceled....Thus, it is YOUR fault the permit is permanently gone.

The TN AG says the State may regulate the issue of permits and the carry of guns. Does this mean the State can decide to whom to issue, deny, suspend, and revoke based upon the decision of an employee with no evidence, proof, or affidavit of any criminal activity?

This is why the Supreme Court will rule in my favor. As a side note, I have a Florida handgun permit. When I move to FL I can carry in Tennessee when I choose.
 

HvyMtl

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Guys, avoid the snide comments, as it typically closes the thread...

That said, I think you may have made an error in not going through with your Administrative Review Process (the appeal) as such processes have been found Constitutional... Since you canceled the appeal process, the Court may use your act against you, by stating you had the ability to appeal, and chose not to. Now, if you had gone through the process, and then have them state there was no way to, lawfully, re-instate your permit, or given some non-legit reasoning, your case would be far more valid...

So, to answer your question, they did grant you the permit in the first place. So, yes, it is a Shall Issue state.

And, if Florida finds out your permit was revoked in Tennessee, they may revoke, too...
 
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HvyMtl

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Excellent. A true man apologizes when he realizes his error.

I just don't want the thread cut down before it gets good... :)

But, I bet it will, as there are those who cannot help themselves, and will take the low road...
 

kwikrnu

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Brentwood, Tennessee
That said, I think you may have made an error in not going through with your Administrative Review Process (the appeal) as such processes have been found Constitutional... Since you canceled the appeal process, the Court may use your act against you, by stating you had the ability to appeal, and chose not to. Now, if you had gone through the process, and then have them state there was no way to, lawfully, re-instate your permit, or given some non-legit reasoning, your case would be far more valid...

So, to answer your question, they did grant you the permit in the first place. So, yes, it is a Shall Issue state.

And, if Florida finds out your permit was revoked in Tennessee, they may revoke, too...

Please cite the Florida law which would revoke my Florida permit.

Cite the administrative review process for the handgun carry permit which has been ruled constitutional. My permit was suspended with no hearing, which means my fundamental civil rights were suspended w/o a hearing.
 
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palerider116

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It was issued at one point. That meets the "shall issue" definition. "Shall keep" is another issue altogether.
 

kwikrnu

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Qwik , maybe you have said before and I missed it , why did you cancel your appeal? Second question , can you reopen your appeal?

Having canceled the appeal yourself seems to me like cutting your own throat.

There is no more appeal. My permit was suspended with no hearing which is a violation of my civil rights. I withdrew the appeal because there is no need. If the State suspended your right to speak and said you have 30 days to appeal or you would lose the right forever is that legal under the constitution? Do you appeal or file a civil rights lawsuit? I made the mistake of appealing, but realized my mistake, filed a lawsuit, and dropped the appeal.
 

HvyMtl

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Aug 11, 2010
Messages
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Location
Tennessee
Ok. Your permit was revoked. You then have an appeal process. You did not follow the process, but personally canceled the appeal.

You claim you dropped the appeal process as "there was no need." Please explain.
 

kwikrnu

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Messages
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Location
Brentwood, Tennessee
Ok. Your permit was revoked. You then have an appeal process. You did not follow the process, but personally canceled the appeal.

You claim you dropped the appeal process as "there was no need." Please explain.

The suspension of my permit was illegal. My permit was suspended w/o a hearing. It was suspended for a reason not allowed by the Legislature. It was suspended w/o proof, sworn testimony, or affidavit. I'm not going to play their game and it is now suspended indefinately. It is illegal to prohibit the carry of handguns w/o a permit.
 

HvyMtl

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Location
Tennessee
So... You did not go ahead with the appeal process, because you did not want to "play their game."

Yet, any court will note you decided not go through the process listed in the law...

Which could kill your court case.
 

kwikrnu

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May 14, 2008
Messages
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Location
Brentwood, Tennessee
So... You did not go ahead with the appeal process, because you did not want to "play their game."

Yet, any court will note you decided not go through the process listed in the law...

Which could kill your court case.

Do you mean to say that the exercise of a fundamental right may be denied for 2 months w/o a hearing? According to Tennessee law people charged with a felony crime are given a hearing before their handgun carry permits are suspended.

The handgun appeals process is their illegal game and I won't play.

The whole appeal is a moot issue. There is no provision in TN law to appeal a suspended handgun permit after the 30 days to appeal is over or the appeal withdrawn. There is no process for someone with a suspended or revoked permit to get a permit once suspended or revoked. Further, the Department of safety may decide to reinstate at any moment.
 
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HvyMtl

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Aug 11, 2010
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Location
Tennessee
http://www.michie.com/tennessee/lpe...lates&fn=document-frame.htm&2.0#JD_39-17-1353

Hmm. Seems a bit cut and dried to me, you requested your appeal process, and then canceled it, which seems to have made the decision "final."

Point to where they have the right to reinstate, as you say they might:
http://www.michie.com/tennessee/lpe.../12de8?fn=document-frame.htm&f=templates&2.0#
After re-reading, I think you probably would have had your permit reinstated, barring no info not shared, or not known...

Again, I still see the Courts pointing to this part of the code and stating you failed to follow through...
 
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