Homework Assignment
Posted: Wed Oct 15, 2008 8:11 pmOne Step Forward and Two Backwards in Tennessee Gun Law
Along with some positive changes made in last year's "Castle Doctrine" law, our "Safe Harbor" provision was weakened and the future of someone forced to defend themselves, or save another, can now be in question. From 1989 to 2007, TCA 39-17-1322 stated:
"A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim."
Because well-meaning legislators did not want gang bangers to get away with killing each other, TCA 39-17-1322 now stipulates:
"Notwithstanding the provisions of § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where such person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force."
"Notwithstanding", used as a preposition here, is defined as "in spite of". It is highly unlikely that an experienced prosecutor, such as Shelby County District Attorney General, Bill Gibbons, would not understand the spirit of the law and prosecute someone for using force while having an expired driver's license, however, that is still technically being "engaged in unlawful activity" when using such force.
We don't know what a politically motivated prosecutor would do, such as North Carolina's Mike Nifong, or an unstable individual in the D.A.'s office could do, such as an Ophelia Ford, or a Prince Mongo. Couldn't happen here you say? Well, Senator Ford is already a lawmaker. This vague law states that it is not lawful to use whatever force necessary to stop a charging bear, considered "endangered", but it is legal for the bear to kill you and/or your loved ones. The impression being that lawmakers prefer the later scenario.
Even in your own home, this change in the law threatens your liberty and financial well being. For example, if you write a check over $100.00, and happened, by mistake, or not, not to have the funds in your account; (Nonpayment within 10 days after receiving notice is prima facie, evidence of intent) TCA 39-14-121 says you have committed a felony. Throw in a self-defense situation, and you could have a possession of a firearm in the commission of a felony charge. The well intended SB-1967, “Crooks with Guns†bill, passed last year, made such a felony punishable by a mandatory sentence of 3 to 10 years. Even a code violation such as your boat not being stored in accordance with a city ordinance is still an "unlawful activity".
As for, "in a place where such person has a right to be", the government owns much property that an armed citizen may happen to be on and not be aware of it being a prohibited area. If you run for cover into a park from robbers shooting at you, and happen to be armed, guess what? Even if your only choice to survive was to return fire and you win the gunfight, you would have "engaged in unlawful activity", because the legislature doesn't trust Carry Permit Holders to be armed in the very parks we pay for. That's another thing we need to fix in Tennessee.
TFA Executive Director, John Harris, explained in detail to legislators:
http://www.tennesseefirearms.com/downlo ... sb0011.pdf
why the "Castle Doctrine" was one step forward and two steps backwards before it passed last year. The bill sounded good and it's supporters could site this as a pro-gun vote, and it was, in part.
Now, it's time to finish the job and remove the vague language in the law.
Please contact your Representatives and Senators at 1-800-449–8366, or e-mail them through the General Assembly web site:
http://www.legislature.state.tn.us/
Ask them to restore our Safe Harbor law, this session, and feel free to quote and/or e-mail/fax this article to help them understand.
Thank you,
Pat McGarrity
Director – Shelby County, TFA
"The more prohibitions there are, the poorer the people will be. The more laws are promulgated, the more thieves and bandits there will be."
-- Lao-tzu, The Tao Te Ching, China, 6th Century BC
Along with some positive changes made in last year's "Castle Doctrine" law, our "Safe Harbor" provision was weakened and the future of someone forced to defend themselves, or save another, can now be in question. From 1989 to 2007, TCA 39-17-1322 stated:
"A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim."
Because well-meaning legislators did not want gang bangers to get away with killing each other, TCA 39-17-1322 now stipulates:
"Notwithstanding the provisions of § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where such person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force."
"Notwithstanding", used as a preposition here, is defined as "in spite of". It is highly unlikely that an experienced prosecutor, such as Shelby County District Attorney General, Bill Gibbons, would not understand the spirit of the law and prosecute someone for using force while having an expired driver's license, however, that is still technically being "engaged in unlawful activity" when using such force.
We don't know what a politically motivated prosecutor would do, such as North Carolina's Mike Nifong, or an unstable individual in the D.A.'s office could do, such as an Ophelia Ford, or a Prince Mongo. Couldn't happen here you say? Well, Senator Ford is already a lawmaker. This vague law states that it is not lawful to use whatever force necessary to stop a charging bear, considered "endangered", but it is legal for the bear to kill you and/or your loved ones. The impression being that lawmakers prefer the later scenario.
Even in your own home, this change in the law threatens your liberty and financial well being. For example, if you write a check over $100.00, and happened, by mistake, or not, not to have the funds in your account; (Nonpayment within 10 days after receiving notice is prima facie, evidence of intent) TCA 39-14-121 says you have committed a felony. Throw in a self-defense situation, and you could have a possession of a firearm in the commission of a felony charge. The well intended SB-1967, “Crooks with Guns†bill, passed last year, made such a felony punishable by a mandatory sentence of 3 to 10 years. Even a code violation such as your boat not being stored in accordance with a city ordinance is still an "unlawful activity".
As for, "in a place where such person has a right to be", the government owns much property that an armed citizen may happen to be on and not be aware of it being a prohibited area. If you run for cover into a park from robbers shooting at you, and happen to be armed, guess what? Even if your only choice to survive was to return fire and you win the gunfight, you would have "engaged in unlawful activity", because the legislature doesn't trust Carry Permit Holders to be armed in the very parks we pay for. That's another thing we need to fix in Tennessee.
TFA Executive Director, John Harris, explained in detail to legislators:
http://www.tennesseefirearms.com/downlo ... sb0011.pdf
why the "Castle Doctrine" was one step forward and two steps backwards before it passed last year. The bill sounded good and it's supporters could site this as a pro-gun vote, and it was, in part.
Now, it's time to finish the job and remove the vague language in the law.
Please contact your Representatives and Senators at 1-800-449–8366, or e-mail them through the General Assembly web site:
http://www.legislature.state.tn.us/
Ask them to restore our Safe Harbor law, this session, and feel free to quote and/or e-mail/fax this article to help them understand.
Thank you,
Pat McGarrity
Director – Shelby County, TFA
"The more prohibitions there are, the poorer the people will be. The more laws are promulgated, the more thieves and bandits there will be."
-- Lao-tzu, The Tao Te Ching, China, 6th Century BC