claim: "TN bill gutted. we've been had" :: READ THREAD IN FULL BEFORE ACTING

[Bartholomew Roberts]

Thanks gc70 - that makes it crystal clear. The bill does not change subsection (e) at all and leaves in the wording in (e)(8) that allows the Governor to suspend the sale or transportation of firearms.

Since 58-2-107 lists the powers of the Governor during an emergency, subsection (m) will contradict subsection (e)(8). I think that during a crisis this would give a TN governor enough of a foothold to claim a legal basis for suspending the sale or transportation of arms. It might not hold up in court after the disaster was over; but it would likely provide him with enough cover to issue the order during the disaster. At least that is my take on it, I welcome any better informed interpretations of how that conflict might be interpreted in actual practice.

Now Tennessee citizens need to decide whether having the two contradictory subsections is better than having no subsection (m) at all.

 

[ConstitutionCowboy]

Bart,

Thanks for the clarification. But, as you have noted, that contradiction dilemma may cause some consternation some day.

Woody

"Knowing the past, I'll not surrender any arms and march less prepared into the future." B.E.Wood

 

[Henry Bowman]

Now Tennessee citizens need to decide whether having the two contradictory subsections is better than having no subsection (m) at all.

I'm not a Tennessee citizen, so I don't have a dog in this fight -- at least not directly -- but I would be inclined to say "no." This not a poison pill that you swallow along with what you want. This is a flaw at best, and a back door loophole at worst. [Credit due to localFFL for bringing the issue to light.]

Why is the Gov so set against a real amendment? Can he get reelected if he vetoes the real amendment? Why was Norris so willing to make such a huge compromise? If the truth gets spread all over Tennesee, will the people stand for it? This doesn't seem like the Tennesee that was on the verge of burning the capital building against to threat of an income tax.

 

[JWarren]

Frankly, I am surprised that this doesn't get more concern:

(4) Subject to any applicable requirements for compensation, commandeer or utilize any private property, excluding firearms and ammunition or firearm or ammunition components, if the governor finds this necessary to cope with the emergency

Down here during Katrina, it was broadcast on 870AM that officials were authorized to take fuel. I won't tell again how bad that could be.

Oh, I know that they were probably only talking about taking from companies. But I've lived long enough to know that the spirit of a law is always subordinate to the LETTER of that law when it suits that purpose.



John

 

[Hyaloid]

Unfortunately, I believe Governor Bredesen is a lame duck, not up for re-election.

 

[ProguninTN]

Politics

Can he get reelected if he vetoes the real amendment? Why was Norris so willing to make such a huge compromise?

As Hyaloid said, Gov. Bredesen (D) is a lame-duck. (term-limits) I believe the reason Sen. Norris (R) was willing to compromise is partisan politics. The State House is dominated by Democrats. If the governor didn't like the bill, he could tell Speaker Naifeh to make sure it gets killed. (Speaker Naifeh is known for ensuring pro-gun bills get killed.)

 

[asknight]

How can the authorities commandeer firearms if they don't know who has them. There's not a registration scheme in TN is there?

 

[dralarms]

No there is not. And if they want mine they will have a hard time figuring out which one I'm using at the time

 

[ProguninTN]

Commandeering

How can the authorities commandeer firearms if they don't know who has them. There's not a registration scheme in TN is there?

No, but they do have a list of who has Handgun Carry Permits.

 

[Im283]

There is no registration scheme here in TN, but when I have bought guns I fill out a form with my address and must show proof of that address. I have a hard time believing the state gov't can't access these addresses.

On the other hand, if there is a disaster so large in scale that the Governer feels he must confiscate guns and ammo i ask this. Who is going to be going door door to do this confiscation? Won't the police and national guards be busy already? I dunno. I think I read somewhere that over half of all households in TN possess guns. Everyone I know here has them. Everyone.

Maybe I am naive in the regard but i will not lose sleep over it.

Also on my behalf i did email and phone the Governers office last week in regard to this legislation, and my support for the 2nd Ammendment.

I would also care to know that during the aftermath of Katrina, how many weapons were actually seized? How many gunowners were they actually able to locate?

 

[JWarren]

Who is going to be going door door to do this confiscation? Won't the police and national guards be busy already?

Katrina was the largest natural disaster in US history-- and the NOPD, CHP, etc STILL found the time.

I would also care to know that during the aftermath of Katrina, how many weapons were actually seized? How many gunowners were they actually able to locate?

There are plenty of searches both on THR and on other sites that can answer this for you. Take a look at Givethemback.org.

My question is this-- as one who lived through Katrina and its aftermath:

How many does it TAKE?

Some have gotten their guns back. Some, the LEO's have basically "lost record" of them (meaning its probably in their private collection now. I had this happen to me with NOPD in 1995.


John