0 votes

Done:NO gun confiscation in Tennessee if Martial Law Declared

Proposal Stopping Confiscation Of Guns Now Law

Posted: May 23, 2009 08:15 PM

(AP) NASHVILLE, Tenn. - A person who legally possesses a gun would not have it seized during periods of martial rule under a proposal that has been signed into law by the governor.

The measure was signed by Gov. Phil Bredesen on Thursday and takes effect immediately.

Sponsors say martial rule is the same as martial law at the federal level. They say the law is necessary after law enforcement in New Orleans went door to door seizing weapons in the aftermath of Hurricane Katrina.

Republican Sen. Jack Johnson of Brentwood, one of the sponsors, has said he doesn't expect such behavior in Tennessee, but believes legislation should be in place just in case.

http://www.newschannel5.com/global/story.asp?s=10415228&Clie...

http://www.ar15.com/forums/topic.html?b=1&f=5&t=878850

http://www.wate.com/global/story.asp?S=10413744

Bill Link:

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNu...



Trending on the Web

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

good

----------------
`Wise people, even though all laws were abolished, would still lead the same life'- Aristophanes -

Official Daily Paul BTC address: 16oZXSGAcDrSbZeBnSu84w5UWwbLtZsBms
Rand Paul 2016

What if owning a gun at all became illegal? Then what?

I'm concerned that the bar is set too low at "legal possession".

Maybe, we Constitutional minded...

individuals should move to TN......

SteveMT's picture

Tennessee Gov.not all that good, vetoes guns-in-restaurants bill

Tennessee: Statement From Chris W. Cox, Executive Director NRA - Institute for Legislative Action On Governor Bredesen’s Veto Of House Bill 962

Thursday, May 28, 2009

Along with more than 200,000 law-abiding Right-to-Carry permit holders in Tennessee, I am disappointed Governor Phil Bredesen vetoed House Bill 962. This bill would extend self-defense rights of permit holders to restaurants. This is a shock and a major disappointment to gun owners and supporters of the Second Amendment because Governor Bredesen had committed to supporting this legislation.

36 other states, including seven states that border Tennessee, provide this protection to law-abiding citizens. During the 2006 campaign, Governor Bredesen assured Tennesseans -- and the NRA in writing -- that he would support this effort. NRA’s endorsement of Governor Bredesen that year centered largely on this promise. Today, that trust has been betrayed.

More:

http://www.nraila.org/Legislation/Read.aspx?ID=4913

Well, all I can say to that is...

go get a license to carry...or move to Alaska...Personally if my rights as a citizen are prohibited, I have every right to use my weapon, and defend my rights, and life...period.

Many States have also passed

Many States have also passed similar legislation due to what happened after Katrina.

...

SteveMT's picture

My problem with this: "A person who legally possesses a gun"

How do you prove legal. Carry a license with you? With martial law, there may be no time prove "legal" if it is shoot first, ask questions later.
Perhaps this will be a Pyrrhic victory if it is ever needed.

Don't worry....Protect yourself first.

Worry about the "red tape" later. At least you'll be alive.

good for Tennessee! "When

good for Tennessee!

"When governments fear the people there is liberty. When the people fear the government there is tyranny."
-Thomas Jefferson

I am more concerned about the return of my money than the return on my money. --Mark Twain

What would happen in the

What would happen in the event of Federal martial law? Would the Martial law supercede the state law? How would this play out?

I'm not sure, but the answer

I'm not sure, but the answer should be in the Constitution. I would tell you for sure, but I'm not certain on this point. Does the authority for the federal government to supercede state law with a federal martial law exist? If not, then the answer would be no.

AND... the States would need to honor & obey the federal order, anyhow. There's no saying that TN would even pay attention to the federal government at that point.

...

SteveMT's picture

If there is no specific superceding statement, then the 10th

Amendment applies.

This link is huge and very detailed.

http://www.usconstitution.net/consttop_mlaw.html

GOOD MOVE

AT the least this law gives you the public backing to say NO when they come to your door...IT least you know there are others involved & you are not a lone crazy..
you-no

It doesn't matter who the

It doesn't matter who the people are, it is the jurisdiction that matters. Many States have passed similar laws that forbid ANY State or Federal officials (or those working on behalf of State or Federal officials) from confiscating legal gun during any type of emergency, whether natural disaster or other.

Even the Federal Government, as far as I recall, has a law on the books which forbids the confiscation of legally owned firearms during times of emergency. If I'm remembering correctly, it is in some 2007 legislation, but I do not recall the name.

...

my problem with this is

What exactly is their definition of "legal possession" of a gun. Which guns are included or excluded?

Yes, any unconstitutional Federal law....

...could make that possession "illegal", and then the TN law would be utterly worthless.

Jack Pelham
Rule of Law Revolution
www.ruleoflawrevolution.com

Only if the people and the

Only if the people and the government of the State of TN are willing to obey unconstitutional / illegal laws...

...

In life or death situations, it won't matter......

I've had "hot" guns for decades......

Gov. Bredesen

He's a Democrat, this kind of surprises me.

Infringement tax? Never heard of that one.

"Infringement tax" is....

...my term. The 2nd Amendment says:

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

To "infringe" is to curb or to hinder in any way. That they charge me a tax before I am allowed my right to keep and bear arms is most certainly an infringement. (Hence the term, infringement tax.) In fact, had I thought I could have afforded it, I'd have been carrying a long time ago.

And I think I have fairly good evidence that many such laws were designed to keep the poor from bearing arms. (Tennessee also requires that you attend a class, which costs somewhere from $65 to $150 dollars, depending on where you take it. Then you pay your $115 for the privilege to exercise your right. Then you have to renew it every 4 years, if memory serves.

Of all the no-brainers in the legal world, this is probably one of the easiest one-liners to understand. The right belongs to the people...period. And it is not to be infringed....period.

And yes, if you're going to write absolute language like that into the Constitution, you ought to make provisions for people that you don't think should have guns, such as minors, felons, and the mentally ill.

And on the note of felons, isn't it interesting that we tell them that their sentence is only X years, after which they can return to the society---but they may not EVER keep and bear arms again?

And what if the felony was some white collar crime like, say, embezzlement. No weapon or violence was used to commit the crime, yet the 2nd Amendment is permanently repealed for such a person (unless they go out of their way to have a judge restore that right.)

Oh, and while I'm at it, the State of Tennessee's Constitution says this on arms:

(Constitution of 1870--current) Article I, Section 26. That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.

See what I mean about the US Constitution? It makes no provision for "crime prevention". But the State assumes that right.

Further, the State presumes to limit the 2nd Amendment guarantee now only to "their common defense", which I suppose to mean that it only applies to times of public danger where more than one person is in need of defense.

In both the spirit and the letter of the law, this is a violation of the 2nd Amendment of the US Constitution. In fact, there's nothing in this at all that would keep the Legislature from deciding that there would be better crime prevention if NOBODY were allowed to carry a weapon.

By the way, when you take the infringement class in Tennessee, you are forced to watch a State-sanctioned video. And the video says, "carrying a handgun is a privilege in the state of Tennessee, not a right"

Jack Pelham
Rule of Law Revolution
www.ruleoflawrevolution.com

At first blush, this is encouraging....BUT

Why do we need a law that says, in effect, "OK, that 2nd Amendment thing--we'll we really mean it."?

The 2nd Amendment already has superiority over any state or federal law.

Secondly, it TN really wants to do something right, let them repeal their unconstitutional Handgun Carry Permit, as well as all the taxes, regulations, and requirements that go with it.

Having lived in TN, and having not been very wealthy, I could never afford the Infringement Tax that I was required to pay before I could bear arms.

As to the confiscation of arms, if they'll violate the 2nd Amendment in the course of normal business, what makes us think they won't toss this new law in the trash can at the first sign of trouble?

Jack Pelham
Rule of Law Revolution
www.ruleoflawrevolution.com

Really good point

At least our concerns are making it to the state capital .

Maybe if...

...this is considered a mere STARTING point, and if the pressure is continually applied, then the State of TN could further reform themselves with regard to their violations of the 2nd Amendment.

Human nature, unfortified, however, would consider this a victory and then rest for a while.

I had no idea this legislation was even brewing. Whoever was behind it---I hope they won't stop.

What I DO like about it is that it is at least a stab at defying just a little bit of the Federal Government's habit of usurpation.

Jack Pelham
Rule of Law Revolution
www.ruleoflawrevolution.com

Wyoming did this too,

about a year ago.

We have their word on that...

That only means the state won't come and get them.

The Feds have no such 'agreement' with the good people of Tenn. Neither does Blackwater, who will likely be the ones kicking the doors in.

Whatever makes you feel better, I guess but I wouldn't put too much stock in governmental promises.

I may not know the truth, but I know when I'm being lied to...

I may not know the truth, but I know when I'm being lied to...

Every state should have such laws

_________________________________

My liberty-minded home base of thought:

www.ponderthis.net

_________________________________

Freedom - Peace - Prosperity

Tennessee

Tennessee Constitution

Section 25. That no citizen of this state, except such as are employed in the army of the United States, or militia in actual service, shall be subjected to punishment under the martial or military law. That martial law, in the sense of the unrestricted power of military officers, or others, to dispose of the per-sons, liberties or property of the citizen, is inconsistent with the principles of free government, and is not confided to any department of the government of this state.

------------------------------------------
"All human constitutions are subject to corruption and must perish unless they are timely renewed and reduced to their first principles.'" --Thomas Jefferson

13 No servant can serve two masters; for either he shall hate the one, and love the other, or else he shall lean to the one, and despise the other. Ye cannot serve God and riches. - Luke 16

Cool. Who is this governor?

Is he generally pro-liberty?

Bump! for good news!

Now, if we could get the same bill passed in ALL states!!!

thanks for sharing!@

*****
"I truly wish that real life would no longer surpass the worst excesses of my nightmarish imaginings... Arthur Silber **

"I think we are living in a world of lies: lies that don't even know they are lies, because they are the children and grandchildren of lies." ~ Chris Floyd