Mini-RTC w/ RIFLES today 5PM, Little Five Points, Atlanta, GA
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Tuesday, October 05, 2010
Forcing the Sheriff to Obey the Law
Remember Leonard Embody?
I know a lot of people have, to put it mildly, disagreements with his methods, but he sure puts himself on the line, and he does things others don't think of--in this case a legal action. Here's an email where he explains:
I've never put much stock in the "he's making us look bad" fear. As far as I'm concerned, making us look weak is far more problematic.
I know a lot of people have, to put it mildly, disagreements with his methods, but he sure puts himself on the line, and he does things others don't think of--in this case a legal action. Here's an email where he explains:
NFA weapons are legal within the state of Tennessee. However, to purchase NFA weapons as an individual there is a process one must go through. The weapon must be purchased. The BATFE documents must be filled out. The applicant must be fingerprinted and photographed. Then, the application executed by the local chief law enforcement officer where the applicant resides. The documents are then sent to the ATF with a $200 check and the ATF will usually approve or deny within 2-3 months.Here's a follow-up email:
In 2003 Tennessee passed a law public chapter 275 which requires the chief law enforcement officer to execute the nfa documents if a person is not a prohibited person. The law passed with no opposition and is codified as TCA 39-17-1361. The sponsers of the bill were senator Mark Norris and House of rep Ben West. The NRA Darren LaSorte testified infront of the judicial committee as well.
In February this year I bought a suppressor for my handgun. I was fingerprinted and photographed. I delivered the application document to the sheriff of williamson county, jeff long, to execute. He refused. I sent my application to the atf and they denied the application. Under Tennessee law this is a statutory duty and there is no discretion to decide not to execute the document. So, I went to the DA and attorney general. Both refused to force the sheriff to sign as required by law. They also refused to begin the ouster of the sheriff.
I filed a writ of mandamus to force the sheriff to execute the documents last week. This is last option i have to force the sheriff to obey the law.
I think this is an important issue. Does the State have the right to force a sheriff to execute a federal document? It goes right to the heart of the Tenth Amendment. It has everything to do with anti-gun law enforcement who do not follow the law and infringe upon gun rights.
As far as I know Tennessee is the only state which requires cleos to execute nfa documents.
Sen. Norris, Rep. West, the NRA have all been extremely unhelpful. Considering this is their legislation I do not understand why they have not wanted to help.
I have attached a pdf with my pro se complaint, and several documents from attorneys and the atf regarding me and the sheriff.
I amend my petition today and also received an answer from the sheriff's attorney today. I attached both. I also attached tca 39-17-1361 and o'neil v lomoy.I've asked him to post the documents he attached and send me links. When he does, I'll pass them on.
The sheriff is a republican. He convinced the county commision to vote against guns in local parks. He is also up for reelection in November, running uncontested. He is a former ADA.It is amazing the lengths these ant-gun law enforcement will go to to avoid obeying the law. They have notified the attorney general as well. That means they are challenging the constitutionality of this law which requires the sheriff to execute the nfa documents.As a side note o'neil v lomoy is a federal case where the federal judge stated that the federal gov could not force state officials to sign these documents. In my case it is state law which requires state officials to execute the documents.
I've never put much stock in the "he's making us look bad" fear. As far as I'm concerned, making us look weak is far more problematic.
Meanwhile, Over in Furious Mike Paradise...
We're the Only Ones Flying the Friendly Skies Enough
A Gilpin County Sheriff's deputy was allowed to fly from Denver International Airport Sunday, even after Denver Police confiscated his personal handgun and a loaded magazine from his carry-on luggage...Williams is not facing charges, according to Denver FBI spokesman Dave Joly. [More]I'm glad they're so reasonable about an honest mistake. I'd hate to think they'd try to ruin our lives over something like that!
What? That-doesn't-apply-to-us?
We're the Only Ones Firmly Planted Enough
A federal jury awarded $175,000 on Monday to a parolee who said an Oakland police officer planted a gun on him, causing him to be jailed for nearly two years for possessing a weapon illegally. [More]And now it's harvest season.
[Via Dave Licht]
Missed Opportunities
The report said both Gates and Crowley missed opportunities to de-escalate the tension, that they share responsibility for the controversial July 16, 2009, arrest, and that the dispute was avoidable. [More]Somehow, I doubt a similar "opportunity" would end up with most of us having a beer with Obama...
[Via Ed M]
My Kind of Town...
...Chicago is...[Read]
How does your town rate?
I don't suppose anyone would dare suggest maybe doing an overlay...?
Why not Google Demographics and Google Crime? If we fear acknowledging the elephant in the room, we'll never get anywhere doing what needs to be done about it--you know, abolish destructive government policies that hurt the least prosperous and protected among us.
In the mean time, forget it, Jake, it's Chi-Town.
[Via lots of you]
How does your town rate?
I don't suppose anyone would dare suggest maybe doing an overlay...?
Why not Google Demographics and Google Crime? If we fear acknowledging the elephant in the room, we'll never get anywhere doing what needs to be done about it--you know, abolish destructive government policies that hurt the least prosperous and protected among us.
In the mean time, forget it, Jake, it's Chi-Town.
[Via lots of you]
For His Name's Sake
Boone might allow guns in buildings [More]Can you imagine what Boone would have said?
My Kind of Gun Show
Despite laws imposing strict restrictions on gun ownership in Kuwait, firearms are openly on sale to unlicensed buyers at the Friday market in Shuwaikh, where anyone with the money can get hold of a handgun or hunting rifle for as little as KD30. [More]Why am I suddenly visualizing Garen Wintemute in a burka...?
We're the Only Ones Disrobed Enough
We're the Only Ones G.O.O.D. Enough
I think that many Americans will be surprised with the answer many serving officers gave when asked what they will do if TEOTWAWKI ever occurs: Almost to a person they respond they will go home and protect their families or G.O.O.D. As far as protecting anyone else? Forget it. [More]I trust no one here will be surprised to find, as Firesign Theater put it, "In the next world, you're on your own"...?
[Via FFFW]
And Will You Be Needing Any Stamps Today...?
A post office employee in Southwest Ohio has been charged with assault and aggravated menacing for allegedly putting a knife to the throat of a customer. [More]I wonder what made him think he could do that?
What's to debate when anti-gun advocate has criminal past?
What is this, a joke? Why are they dignifying this...this character with a debate? [More]Today's Gun Rights Examiner column looks at the professional qualifications of a total gun ban advocate.
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This Day in History: October 5
October 5, 1778
British fleet reached Little Egg Harbor around noon. At favorable tide a few of the more light weight ships enter the bay to prevent escaping ships. Armed vessels were stripped and loaded with troops. Local loyalists join expedition onboard the Zebra and inform of the militia at Chestnut Neck. [More]
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