Tenn: Governor Appeals Pro 2A Ruling

[Lawdog Dago Dom]

What?????????????

 

Tennessee Governor Defends Gun Control: Don't Worry About 'Abstract Categories of Constitutionality'

[Subdeacon Joe]

"Abstract categories of constitutionality?"

 

ABSTRACT????

[John Kloehr]

The state's challenge to this ruling in the chancery (civil) court striking down a criminal law has a bit of legs, but the court does seem to have jurisdiction based on how the complaint was written. I think the state is defending the law for the scenarios where it applies to true criminal activity.

 

As to the law, there are things I do not like, one being the provision establishing possession of a permit is a defense rather than an exclusion of the law applying. The reason I do not like it is a defense applies in court after arrest and booking, not at the side of the road when pulled over for (example) speeding. Keep in mind this law dates back to post-civil war reconstruction. Also note the Tennessee constitution recognizes a right to arms but the state has the authority to regulate carry. Part of the state defense is the reality officers do not arrest licensed carriers for the intent to go armed. The state essentially claims there is no credible threat of enforcement against law-abiding citizens. Still, the law as written says what it says.

 

We in Tennessee now have a strange combination for carry. We have an enhanced permit (open and concealed), a concealed only permit, and permit-less carry. Permit-less carry only requires not having disqualifying factors which would prevent obtaining a permit.

 

One of the claims in the lawsuit is for carry in parks. Tennessee law requires a permit to carry in a park, and then carry must be per the specific permit (and not too close to any school event or activity). Someone with an enhanced permit can carry openly or concealed in a park. Someone with a concealed-only permit must conceal in a park. Park carry is not allowed under permit-less carry. All three can carry openly or concealed when not in a park as this is under permit-less carry.

 

Having read the codes, I see this law is tied to many other elements of crime, throwing it out entirely does leave holes in the code which do apply to criminal use of firearms. I agree with Lee, the correct fix is legislative. A 2024 attempt to do so failed. I'm sure if the legislature "fixed" the law, Lee would sign it and then move to moot this suit.

[Blackwater 53393]

9 hours ago, John Kloehr said:

The state's challenge to this ruling in the chancery (civil) court striking down a criminal law has a bit of legs, but the court does seem to have jurisdiction based on how the complaint was written. I think the state is defending the law for the scenarios where it applies to true criminal activity.

 

As to the law, there are things I do not like, one being the provision establishing possession of a permit is a defense rather than an exclusion of the law applying. The reason I do not like it is a defense applies in court after arrest and booking, not at the side of the road when pulled over for (example) speeding. Keep in mind this law dates back to post-civil war reconstruction. Also note the Tennessee constitution recognizes a right to arms but the state has the authority to regulate carry. Part of the state defense is the reality officers do not arrest licensed carriers for the intent to go armed. The state essentially claims there is no credible threat of enforcement against law-abiding citizens. Still, the law as written says what it says.

 

We in Tennessee now have a strange combination for carry. We have an enhanced permit (open and concealed), a concealed only permit, and permit-less carry. Permit-less carry only requires not having disqualifying factors which would prevent obtaining a permit.

 

One of the claims in the lawsuit is for carry in parks. Tennessee law requires a permit to carry in a park, and then carry must be per the specific permit (and not too close to any school event or activity). Someone with an enhanced permit can carry openly or concealed in a park. Someone with a concealed-only permit must conceal in a park. Park carry is not allowed under permit-less carry. All three can carry openly or concealed when not in a park as this is under permit-less carry.

 

Having read the codes, I see this law is tied to many other elements of crime, throwing it out entirely does leave holes in the code which do apply to criminal use of firearms. I agree with Lee, the correct fix is legislative. A 2024 attempt to do so failed. I'm sure if the legislature "fixed" the law, Lee would sign it and then move to moot this suit.

I get the same impression!! A lot of the structure of the permit laws and permitless carry is, (or can be) confusing, both to the private citizen, to law enforcement, and to the judicial system!!  The overlap and the perceived gaps in how and what to enforce make it all difficult!!

 

 

Edited Sunday at 01:03 AM by Blackwater 53393