Fantastic! Good luck!
TN man sues for right to bear arms / Judge amends order
To make things short and simple Tennessee permanently suspended my handgun carry permit. I'm not a prohibited person under any state or federal law. I sued the state. They motioned for summary judgment, I lost. I motioned for an amended order. On Valentine's Day the judge amended his order and now we have a trial date of November 9, 2011. Needless to say I am very excited. This saved me months in appealing to the TN court of appeals and having them remand back to this court for a trial anyway.
My complaint does not argue that the State should give me a permit to carry. I am arguing that the State law which prohibits the carry of loaded firearms is facially unconstitutional because as it stands I can't carry a loaded firearm in the state except to hunt, fish, or while on private property. If I were to win my suit permitless carry could possibly be allowed in Tennessee.
Judge's amended order 2-14-11
State's motion to deny my petition 2-4-11
My petition to amend original order 1-25-11
Judge's original order 1-21-11
State motion to dimiss 11-3-10
Complaint 9-20-10
My complaint does not argue that the State should give me a permit to carry. I am arguing that the State law which prohibits the carry of loaded firearms is facially unconstitutional because as it stands I can't carry a loaded firearm in the state except to hunt, fish, or while on private property. If I were to win my suit permitless carry could possibly be allowed in Tennessee.
Judge's amended order 2-14-11
State's motion to deny my petition 2-4-11
My petition to amend original order 1-25-11
Judge's original order 1-21-11
State motion to dimiss 11-3-10
Complaint 9-20-10
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A well worded petition indeed. Nice work. I look forward to November.
Will you be lawyering up this go around?
No.seereus said:Will you be lawyering up this go around?
Good luck. While many here many not like your carry style, your fight benefits us all.
Good job. So the judge / Chancellor says your "well-crafted" and "respectful" Motion prompted him change his mind.
That's quite a compliment.
The "respectful" part might have helped you win on the merits, IF you were going to argue that you weren't likely to use your guns unlawfully and deserved to have your permit restored.
That's quite a compliment.
The "respectful" part might have helped you win on the merits, IF you were going to argue that you weren't likely to use your guns unlawfully and deserved to have your permit restored.
My petitoned sucked as bad as every other motion I have filed. I'm not asking for my permit to be restored.gunsmoker said:Good job. So the judge / Chancellor says your "well-crafted" and "respectful" Motion prompted him change his mind.
That's quite a compliment.
The "respectful" part might have helped you win on the merits, IF you were going to argue that you weren't likely to use your guns unlawfully and deserved to have your permit restored.
You really need to lawyer up on this.
Yet, I won't.
WHOA....kwikrnu said:
The last article said he'd been stopped multiple times for "brandishing". Last time I checked, brandishing is a crime, and since he hadn't (reportedly) commited any crimes, it would seem this reporter drew conclusions that weren't acurate. OC is not brandishing.. IMO
i dunno about TN but GA doesnt have a brandishing law....PT140Dad said:WHOA....kwikrnu said:
The State of Tennessee has no "brandishing" law. There are a lot of people who believe the open carry of a firearm is brandishing.
Why not?kwikrnu said:Yet, I won't.
Because I can.
Is this true, Leonard?
In fact, I would wager that the unlawful revocation of his permit, will serve as material evidence supporting his suit.
Either way, what is "in the past", will come out as his entire case is hinged upon the illegal revocation of his permit by using entry C of 1340-2-4-.15.
How can I know that?
While I often disagree with your methods, I applaud your motives and defend your rights.
Good luck to you, sir.
Good luck to you, sir.
Leonard, I read the order (congratulations), and you have a long way to go before maybe getting to a trial. I am guessing this case will be resolved on summary judgment, so you better get your discovery and briefing (and evidence!) in order for that. Only following all that, if there is anything left to determine, do you need to worry about a trial. You are getting ahead of yourself and missing what is important - the motion for summary judgment stage.kwikrnu said:On Valentine's Day the judge amended his order and now we have a trial date of November 9, 2011. Needless to say I am very excited.
If you do not get your evidence properly into the record to show that there is an issue (that is, a factual issue that is material to the case), then your case will be dead at that stage regardless of the merits.
I do not know your case, so I do not know what factual issues there are for trial, but if all there is is a legal or constitutional question, then you need to get the judge to rule on your own MSJ.
1 - 20 of 33 Posts
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