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Tennessee Firearms Assoc. Inc. • View topic - Judges with gun in courtroom

Judges with gun in courtroom

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Judges with gun in courtroom

Postby meadsteve » Fri Jul 03, 2009 2:20 pm

Judges in Anderson County have been carrying guns into their courtrooms for many years . I have received recenty e-mail from TN Senator Doug Jackson whih flatly states that it is not legal, and that legeislation this year that would have allowed it did not pass. I had always assumed it was OK because the Judge would be considered an "... other court officer who has responsibility for protecting persons or property or providing security". The Judges and county commission in Anderson County have declared and posted the entire court courthouse building as being subject to 39-17-1306. There is a AG opinion that clearly states they have to use 39-17-1359 to post the entire building ( as opposed to rooms where judicial proceedings are in progress), and I provided them with a copy of the oppinion and spoke before the commission a couple years ago when they were discussing the resolution. I was told they were judges and could do what ever they wants in their courthouse.

Anyone shred any light on this?

Steve Mead
Oak Ridge






39-17-1306. Carrying weapons during judicial proceedings. —

(c) The provisions of subsection (a) shall not apply to any person who:

(1) Is in the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal or other court officer who has responsibility for protecting persons or property or providing security.
meadsteve
 
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Re: Judges with gun in courtroom

Postby johnharris » Fri Jul 03, 2009 5:40 pm

John Harris

Executive Director
Tennessee Firearms Association, Inc.
Attorney
johnharris
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Location: Nashville, Tennessee

Re: Judges with gun in courtroom

Postby Sphinx1906 » Sat Jul 04, 2009 12:12 pm

What happened to that propsed State legislation that would allow judges and probation/parole officers to carry as law enforcement officers?
Sphinx

‘‘Laws that forbid the carrying of arms..disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants..’’

— Jefferson's "Commonplace Book"
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Re: Judges with gun in courtroom

Postby johnharris » Sat Jul 04, 2009 2:58 pm

I worked to stop it unless the Senate version was adopted.

The House passed a version that made judges equivalent to police officers. That is quite simply class legislation and is wrong. The Senate passed a version that created an exception for judges with carry permits to possess firearms in their own courtrooms (not those under the control of other judges). Judges, under the Senate version, were the same as every other civilian except they would have been expressly authorized to carry in his or her courtroom.

The bills went to conference committee and the House sponsor threw a tantrum. The House refused to accept the Senate version and that is where it stopped.

TFA opposes ALL "class legislation" when it comes to the fundamental rights of self-defense.
John Harris

Executive Director
Tennessee Firearms Association, Inc.
Attorney
johnharris
Site Admin
 
Posts: 2211
Joined: Fri Jun 06, 2003 12:03 pm
Location: Nashville, Tennessee


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