Is Tennessee really a SHALL ISSUE state?

[kwikrnu]

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...

The point is I do not have to go to court to exercise my right to bear arms. Show me in the constitution where I have to prove in court that I have done nothing wrong in order to bear arms. I've not been charged with a crime or any other offense which would disqualify me from own, possessing, purchasing, transporting or carrying arms.

The facts are clear there was no hearing to suspend my permit. I've not been charged of any offense which would allow the State to revoke my ability to carry arms. The State of Tennessee criminalizes the carry of loaded handguns without a permit. The law is unconstitutional and has been since at least 1989.

The Department of Safety incorrectly revoked my handgun carry permit in 2008. The permit was reinstated about a month later with no hearing. That is precedent.

 

[hornett22]

seems to me................

there is a lot of missing information and a lot of drama.

Good luck in Heaven's waiting room!

 

[sultan62]

Dead thread, concerned user banned.

I do think he was right about the issue though. Regardless of what happened AFTER the permit was suspended, the initial suspension was illegal.

 

[Kingfish]

Dead thread, concerned user banned.

I do think he was right about the issue though. Regardless of what happened AFTER the permit was suspended, the initial suspension was illegal.

We don't know that. The OP canceled the appeal hearing so we don't know what evidence the state had to suspend the permit. I would suspect the state may have had grounds and that is why the appeal was canceled.

 

[HvyMtl]

Yes, Kwik got banned, due to trolling, so we will have to look elsewhere to find out how well, or not well, he did in court...

Again, the info is not clear, as not all has been given...

IMHO, Kwik not hiring a licensed attorney to represent himself may have negatively impacted his case...

I also think his canceling of the hearing also negatively impacted his case...

But, I think we will hear, 3rd hand, how well or not well he did...

 

[Fallguy]

Yes, Kwik got banned,

Maybe I can resubscribe to the TN forum now and post over here a bit more again.

I think his main problem is in this case (as with many) the law and the constitution may be in conflict.

However I believe the only way to correct a possibly unconstitutional law is through the courts, which may mean playing their game for a bit.

AFAIK his permit was lawfully suspended, whether the law used to do that is constitutional or not is a separate question. However IMO the only way (or at least best way) to challenge that is through the court system, including his hearing that he canceled.

It will be interesting to see what happens...I'm sure we will here about it some how.

 

[WCrawford]

AFAIK his permit was lawfully suspended, whether the law used to do that is constitutional or not is a separate question. However IMO the only way (or at least best way) to challenge that is through the court system, including his hearing that he canceled.

His permit might have been lawfully suspended, but the evidence that was submitted by police was manufactured for no reason other than malicious retaliation. Kwik dared to question their "AUTHORITAY".

Its really no different when the police use their creative writing experience when they write reports or testify in court.

 

[Fallguy]

His permit might have been lawfully suspended, but the evidence that was submitted by police was manufactured for no reason other than malicious retaliation. Kwik dared to question their "AUTHORITAY".

Its really no different when the police use their creative writing experience when they write reports or testify in court.

I don't necessarily disagree, but still think the path to resolution included the appeals process....

 

[HvyMtl]

Sadly, WCrawford, we do not have all the facts. All we have is what Kwik has given us, which, is only his side... The info is lacking. So, I cannot come to any real conclusion, except this: Kwik, for some reason he really did not clarify (unconstitutional claim, and would not "play their game") did not follow through with the appeal process, and has not put his money where his mouth is, by representing himself in court, instead of hiring a licensed professional.

Sadly, this last act is like attempting to remodel your kitchen without any experience slinging a hammer, meeting codes, knowing how to run electrical wiring, or plumbing, and refusing to hire help after you messed something expensive up... (He has already lost his case against his local sheriff...)

 

[WCrawford]

I don't necessarily disagree, but still think the path to resolution included the appeals process....

And I agree with this. I don't totally understand his reasonings in dropping the appeal. I really wish he had a lawyer to give him good advise.

 

[WCrawford]

Sadly, WCrawford, we do not have all the facts. All we have is what Kwik has given us, which, is only his side... The info is lacking. So, I cannot come to any real conclusion, except this: Kwik, for some reason he really did not clarify (unconstitutional claim, and would not "play their game") did not follow through with the appeal process, and has not put his money where his mouth is, by representing himself in court, instead of hiring a licensed professional.

Sadly, this last act is like attempting to remodel your kitchen without any experience slinging a hammer, meeting codes, knowing how to run electrical wiring, or plumbing, and refusing to hire help after you messed something expensive up... (He has already lost his case against his local sheriff...)

We may not have all the facts, but it sure appeared like we had all the facts that would be used in a court case. Kwik seemed to do a good job of posting every document he got from FOIA requests.

While I would have like to see Kwik being represent by a lawyer, but the legal system should not be the exclusive real of only those that can afford it or have a lawyer willing to represent them.

 

[HvyMtl]

I agree the legal system, and court system, we have should not be the way it presently is.
However, we cannot change it overnight, and due to the fact there are professionals in the field, and the state has multiple on their payroll, I highly doubt Kwik's choice of going pro se was wise. In addition, if he had an attorney and won, the courts could require the state to pay the legal fees...

You go to a professional to ensure it is done right. You do not attempt to be a gunsmith and fix a critical problem with your firearm, you go to a gunsmith.

 

[SgtScott31]

It is illegal to prohibit the carry of handguns w/o a permit.

So I guess you're right and the Attorney General and prior case precedent stemming back many years is wrong? As I've mentioned on various other forums, I'm looking forward to the court hearing. Honestly I think District 6 will grant summary judgment for the state of TN and the ranger.

 

[RussP]

His permit might have been lawfully suspended, but the evidence that was submitted by police was manufactured for no reason other than malicious retaliation. Kwik dared to question their "AUTHORITAY".

Its really no different when the police use their creative writing experience when they write reports or testify in court.

What part of the evidence was fabricated? Please be specific.

 

[HvyMtl]

Anyone hear what happened with Kwik's lawsuit? I think they already had the court date.

 

[RussP]

Anyone hear what happened with Kwik's lawsuit? I think they already had the court date.

He lost...

 

[eb31]

He lost...

And rightfully so.