Some TN permit holders are now felons

[johnharris]

[SomeGuy]

In the past I told the NRA, as a NRA member, to coordinate efforts with the TFA, or at least tell me why not. Not too surprising, they did not respond at all.

[johnharris]

When I have for 14 years offered the services to the NRA for free, it is beyond me why all 4 predecessor lobbyists would contact me frequently to discuss the bills, amendments and to even occasionally cover for them if they were out of state but the last two years the 5th lobbyist has determined that no assistance is needed or desired. Its her decision, she is the lobbyist but at the same time I hear legislators talking about "deer in the headlights" when things go wrong.

[SomeGuy]

Is it true she is fresh out of law school? I wonder if maybe she is trying to prove herself. If so, we are all going to pay for her blunders.

Any chance maybe a phone call to past lobbyists would remind her to use all available help, and not try lone-dogging it?

[Tim Nunan]

This act removes potential gun owners the same way the listing of veterans seeking mental health help (PTSD) in the NCIS. I believe we'll see more and more automatic listings in many categories which will reduce the pool of legal gun owners.

[why the hell]

I will never sit on a jury, if they are not going to allow the full restoration law apply then none of it applies. My situation does not even show up in the computer records I could have gone on for years with out seeking restoration but choose to so I would be able to hunt, hold a carry permit, and serve as a citizen of Tennessee. But now I see that the law makers of Tennessee consider those of us who have had our rights restored as "throw away citizens". I will seek to learn how I can be a thorn in the flesh of any and all law makers as they have cast me aside. Like the man who has nothing to lose they have already taken it away. so What the Hell

[ALLENBUCKDEER]

Well it looks like I'm back to square one. It's been over seventeen years since I got in trouble. I've done every thing that I'm suppose to have done. I got all of my civil rights restored and kept my noose clean. I've up held are laws and done nothing else wrong. Ive been a outstanding citizen helping my community and friends in the time of need. And now I can not even legally protect my family from harms way. But yet I still have to pay taxes so the law makers can make laws to take my rights away from me. And if they are not going to give me all of my civil rights back then why give me any back at all. And I almost forgot to say I guess it's my fault that the State of Tn. let me purchase the guns that I do have. So now I will have to pay for something that they said I could do in the past.

[johnharris]

[SomeGuy]

John,

We have quite a few TFA friendly people in Nashville, any chance they could make one giant pro-gun bill that corrects these problems, as well as corrects many others?

(Example: Corrects the self-defense laws, adds every sort of legal protection imaginable if you have to defend yourself, expands/restores Safe Harbor, restaurant carry, park carry, remove the provision allowing governments or private entities to post, AND forbidding any locality from doing anything to carriers even if employees, unabridged car carry, maybe even school carry with restrictions on colleges/universities from punishing students and faculty).

I know of one Republican we could count on to sponsor the bill. If we then put all our effort into that bill, isn't it possible we could get a real reform accomplished?

[johnharris]

One of my biggest concerns with the Republicans coming into power in the General Assembly is sort of the "drunk sailor" - not offense to those in the Navy - phenomenon.

It was the Republicans who brought us (with the assistance of the NRA-ILA state lobbyist Keesling) the poorly drafted "Castle Doctrine" and who apparently did not realize that what that bill offered was in many instances materially worse that the existing castle law that Tennessee already had.

The negative and poorly thought out change in the restoration law this year was passed with almost complete Republican support.

The "Crooks with Guns" laws, as introduced and to some extent passed, was the result of a close alliance between Republicans and law enforcement (mainly the Chiefs of Police Association) and the district attorneys, was largely supported by Republicans.

This is not to say that the Democraticly (i.e., Naifeh) controlled House has not been our biggest problem in the last 15 years, but the Republicans have not clearly demonstrated a clear understanding of the fundamental protections of the Second Amendment, the 14th Amendment or even Article 1, Section 26 of the Tennessee Constitution).

What Tennessee does NOT need is more patchwork legislation drafted by borrowing laws from other states and/or "standard" bills from the current NRA-ILA lobbyist.

What Tennessee needs is comprehensive legislation that addresses 2nd Amendment and State Constitutional protections with an understanding of existing Tennessee case law. I have offered to the State Republican party that a group of attorneys that I work with would be willing to assist and consult - not as lobbyists but as legal experts - in the drafting and complete re-write of these statutes. The State Republican party has not responded to the offer.

It is important for each of the gun owners in TN to contact their legislators and discuss these issues. We DO NOT need well intentioned but individuals nonetheless inadequately trained/educated in the existing statutes, constitutional principals and case law drafting legislation or worse yet borrowing it from other sources and then passing laws that they admitted do not understand.

Just my opinion but the omen I fear is that the State Republicans will come with "change" but not necessarily the right change. Seems to be a sensation permeating a lot of my thoughts these days......

[SomeGuy]

I agree insofar as we cannot simply expect them to do right. We have to watch them, and push them at the right time.

Which Republicans did you offer your assistance to?

[johnharris]

I think the messages goes to all of them as the case may be but in particular to the "new" leadership, e.g., Mumpower and Ramsey.

[SomeGuy]

We have other Republicans, that while not No1 in their chamber will be willing to sponsor and push our legislation. Why not rely on them and use their clout to influence those with more?

[johnharris]

When the "castle doctrine" disaster was running a few years ago, we had about 6 different legislators introduce the same bill all claiming sponsorship. Particularly since the lobbying work is pro bono, I want to do this project as cost effectively and efficiently as possible. That's one reason I am looking at the benefits of having leadership essentially be the sponsor on an "overhaul" package.

[Oakenheart]

So what is the current status on this? I had my rights restored in 2002 and until I found this website I had no idea this crap had gone on. So now I have to get rid of my guns? After spending the money for the lawyer, etc SPECIFICALLY so I could teach my Son to hunt?! This is rediculous. Any way to get this fixed?

[johnharris]

There is at least one bill that is pending that would fix this.

Here is the problem. Some legislators, particularly those overly sensitive to the news media, do not want to be seen as "soft on crime" so it may be hard to fix this.

[bksheep001]

In 1998, I was accused of sexual battery. I was able to obtain an attorney to represent me. He charged a fee of $5000 which took all the money I had available. One of the things which happened in the case was a hearing on the admissibility of evidence. I had a tape recorded conversation between myself and my sister. We were in an argument because my parents were getting a divorce. I refused to choose a side between my mother and father. On this tape, my sister threatened to have her 15 year old daughter accuse my father of touching her inappropriately. We continued to have a heated exchange. Six weeks later, I was the one accused of touching her daughter on four occasions. At the hearing to allow my recording, the judge ruled against me. This was massively damaging to my defense to the charge against me.

Another part of my defense involved my job. I was an over the road truck driver. The truck I drove had a satellite tracking system. For 2 of the times she I was accused of touching her, I would be able to show that I was not even in Tennessee. I was told by my attorney that an expert witness from the company in San Diego, CA that operates the satellite tracking system would need to be brought in to testify. This was going to cost me an additional $5000 which I did not have.

My attorney felt that without my recording and an expert witness it would simply be my word against my niece’s and a jury would be more likely to find me guilty because of the current stigma attached to such crimes. If I was found guilty by a jury I would be facing 8 years in prison. The district attorney offered a plea bargain of a one year sentence with me having to serve 30% incarcerated and the remaining part on probation. I did not want to gamble with 8 years of my life so, in March, 1999, I stood in front of a judge and humiliated myself by pleading guilty to a crime I knew I did not commit.

As a result of my guilty plea, I was placed on the state sex offender registry for a minimum of ten years. I am classified in the lowest risk category. I am required to report once per year, keep my address and other information current, and subject to random house checks. During my time on the registry, I have made an honest effort to fully comply with the law.

During the 10 years since my guilty plea, I have struggled to rebuild my life. I went back to work as a truck driver, paid my child support, paid my taxes, and have tried to live an honest life. On May 21, 2004 I got married to a wonderful lady. Since she already had 4 horses on a 14 acre farm, I sold my house and moved in with her. It is located out in a rural area of Hamblen county and we have lived there since our marriage.

Because I was on the sex offender registry, our home was randomly searched four times. The forth time was on April 16, 2009. During the most recent time, I was ask if there was any firearms in the house. I answered honestly that my wife did have a 410 gauge shotgun. The deputy confiscated her gun and placed me under arrest for felony possession of a firearm.

My bond was set at $10,000. The only money we had was $2500 we had saved to purchase hay this summer to feed our horses during winter. I had to use $1000 of our money to pay a bondsman. I went to see an attorney who looked at the case and thought it would be thrown out when the judge heard the details of the case. His charge to represent me was $1500. This took the last of the money that we had saved.

A hearing was held on May 20, 2009. The forms were shown from Wal-Mart where my wife had purchased her shot gun showing that she had been cleared thru TBI to purchase a firearm. My wife testified that it was her shotgun and that I had never used it. Judge Snyder was told how that I am gone on the road for weeks at a time. The judge was also told how rabid skunks have attacked our golden retriever and attempted to attack our horses. My wife has even had a rabid raccoon attempt to attack her. My wife has had to shoot wild animals on our property before and a local veternarian has tested them and verified that they were rabid. My wife told Judge Snyder that she had purchased the shotgun to protect our animals and herself when I am gone on the road. Judge Snyder stated from the bench that she had never know of anyone being prosecuted under these circumstances and stated that she really did not want to bound me over to a grand jury. The district attorney argued that because the gun was in the house it would be a question for a jury to decide if I was in “possession“ of a firearm. Judge Snyder finally agree to leave it up to a jury to decide and bound me over.

I have now been advised that my attorney will have to charge me $5000 more to represent me in a criminal trial. We are just simple working class people. We do not have thousands of dollars available to pay an attorney. The district attorney has offered to reduce the charge to a misdemeanor if I will plead guilty. I am not able to do this. I will lose my hazardous materials endorsement on my commercial drivers license. Also, a weapons conviction on the record of a commercial driver is a kiss of death. No company will be willing to take a chance on hiring me.

I don’t know what to do anymore. A common person may be entitled to a fair jury on paper but, in reality they can not afford the cost to get one. This case is the legal system run wild. What happened to the government “Of the people, By the people, and For the people”? This is government “In spite of the people”. I am going to be convicted of a crime I did not commit again, simply because I don’t have money to afford to stand up for my rights. I was told by the deputy who arrested me that if I had just said there were no firearms in the house, he would have had no reason to search. This what I get for being honest and telling the truth.

[johnharris]

The facts of that type of case always turn on whether you had access, control or technical possession of the firearm. Your prior criminal history does not cause your wife to loose her rights. I would suggest contacting the NRA Civil Rights Defense fund about financial assistance although its likely not a case that would interest them unless there is an issue to be broadly applied.

[orangejulay]

Yeah to think the messages goes to all of them as the case may be but in particular to the new leadership...


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[Oakenheart]

Just checking back in. Any progress on this issue?