Archive for category Guns

There is a smattering of new laws going into effect in Tennessee come January 1, 2008. Always the most interesting to me, considering what I do on a daily basis, are the new criminal statutes. The Crooks with Guns law, as it has been entitled, drastically increases the punishments for gun related crimes associated with the commission of certain enumerated “dangerous felonies”. The operative elements of the new TCA 39-17-1324 are as follows:

(a) Possessing a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony

(b) Possessing a firearm during

1. the commission of a dangerous felony;

2. an attempt to commit a dangerous felony;

3. flight or escape from the commission of a dangerous felony;

4. flight or escape from the attempt to commit a dangerous felony.

The teeth are in the sentencing. If the defendant has a prior felony conviction, the law creates a new class of felony, essentially a “Super C Class” and a “Super D Class”. Violations of subsection (b) are deemed a Class C felony, but demand a mandatory minimum ten (10) year sentence with zero release eligibility, and no option for supervised release. However, the standard Class C felony for a Range I offender is three (3) to six (6) years. The new law stands alone at a minimum of ten (10) years, regardless of the range of the offender (this isn’t problematic with Range II offenders, where the range itself is six (6) to ten (10) years, where the minimum simply becomes the maximum already allowed in the range). A violation of subsection (a) is a Class D felony, with a minimum sentence of five (5) years if the defendant has a prior felony conviction. Without a prior felony conviction, the minimums are six (6) and three (3) years, respectively.

As well, jail credit is tweaked with the new law. In Department of Correction custody, one typically qualifies for “good time”, which is usually getting three days of credit against your sentence for every two you serve (standard in local Davidson County custody, which is for sentences under six (6) years, is two days for every one day you serve). The Crooks with Guns law largely eliminates such good time – akin to federal sentencing rules, you can complete your sentence no earlier than after having served 85% of it.

One aspect of the proposed change in the gun laws puzzles me, however, In amending TCA 39-17-1307, possessing a deadly weapon that is not a firearm in the commission of a “dangerous felony” as listed in the Crooks with Guns law is a standard Class E felony. That part makes sense, and would apply to knives, pool cues, baseball bats, etc. However, possessing a firearm in the commission, attempt to commit or escape from a non-dangerous “offense” (note, not felony) is a Class E felony. A Class E felony entails a one (1) to two (2) year sentence for a Range I offender. So, in essence, if you possess a firearm while committing the least serious misdemeanor, you could suffer a felony conviction (think Driving on a Suspended License because of unpaid tickets, or Criminal Trespass, both Class C Misdemeanors – and the way it is written, possessing a valid concealed carry permit wouldn’t matter a lick).

To me, this part seems to be an overreach of the law, and would operate entirely outside the spirit of the Crooks with Guns law. Hopefully the amended wording won’t be enforced in that manner, but with the way the legislature wrote it, my reading certainly confirms the new law would allow it.

This helpful article is provided by criminal defense lawyer Nathan Moore, a practicing attorney admitted to the Tennessee bar, the United States District Court for the Middle District of Tennessee, and the Court of Appeals for the Sixth Circuit. He maintains a criminal law blog and website at http://www.mooredefenselaw.com

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Due to the controversial topic: “Can CDL Truck Drivers Carry Guns?”, I have researched and found the Federal Law that so many are looking for. Read what the actual Federal Law states about this topic to put it to rest, once and for all! Provided by Truth About Trucking….

Can a CDL truck driver legally carry a gun in the truck? This is a very HOT topic! In my previous article, “CDL Truck Drivers Carrying Guns,” much controversy was created because nothing could be found anywhere showing any Federal Law stating that it was illegal to carry. I have pointed out that there is NO Federal Law saying that it is illegal, only city, county and state laws that make it illegal to do so, as well as policies set forth by the motor carrier. I have found the actual Federal Law revealing the insight on this subject, listed below:

Title 18 Setcion 926(a). The peacable journey law.

TITLE 18–CRIMES AND CRIMINAL PROCEDURE

PART I–CRIMES

CHAPTER 44–FIREARMS

Sec. 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

OK…now that we have the Federal Law on this matter, what does it mean? I would say that you could give this to 50 attorneys, and all 50 would interpret it differently! I believe what it is saying, is what I originally wrote in my previous articles….a CDL driver may carry a gun in the truck with him or her, PROVIDING that it does not violate any other STATE law, in which the driver will be passing through. Thus my point again…city, county and state laws may be the prevention for CDL truck drivers to carry guns…

Help me out drivers….what do you think now?

Aubrey Allen Smith is the author of the first and original Truth About Trucking. With 29 years in the transportation industry, Allen has helped many new, inexperienced drivers discover the truth about the trucking business. If you are considering a career in trucking, learn how to avoid the scams before you begin! Visit http://www.truthabouttrucking.com today, and learn the truth.

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Gun control is a complex issue within the United States. The right of self-protection and preservation is one of our most sacred rights. Our earliest colonists and founding fathers bore arms to win our independence from Britain. Since then, the common man has enjoyed hunting sports and gun hobbies that were previously reserved for the British aristocracy. Yet, at the same time, an alarming number of crimes are being perpetrated by gun-toting rogues, as well as a startling number of gun deaths, whether intentional or accidental.

One issue in the gun control discussion is whether citizens should be able to have “conceal-and-carry” weapons with them at all times. If a citizen wishes to obtain a concealed carry permit, then he or she must first pass a background check, meet eligibility requirements and complete a handgun safety course. Statistics show that crime actually decreases once right-to-carry laws are enacted. Florida passed the law in 1987, when crime was at an all-time high.

In the years to follow, very few incidents involving concealed weapons occurred so the Dade County Police department stopped tracking them. In fact, from 1987 to 1996, the homicide rate dropped 36% (compared to 0.4% nationwide), the firearm homicide rate decreased 37% (compared to a nationwide increase of 15%) and the handgun homicide rate decreased 41% (compared to an increase of 24% nationwide).

Another gun control question is: Are automatic weapons included in our Second Amendment right? Since automatic assault weapons weren’t developed until World War I, the founding forefathers couldn’t have possibly imagined the impact of these guns on society… right? One can only imagine the sort of havoc a gun firing 1,500 rounds per minute could have on the general population.

However, U.S. crime statistics show that the vast majority of incidents are not from automatic weapons but from standard handguns. After the 1994 Assault Weapons Ban expired in 2004, the unthinkable happened: crime dropped by 3.6%. Some states kept the ban and saw murder rates drop, on average, 2.4% (although the murder rate actually rose in some states). Of the states that got rid of the ban, murder rates decreased by more than 4% on average.

Gun control laws have ranged the gamut from restrictive to lenient over the years. In 2008, the Supreme Court made a landmark decision in the case of D.C. vs Heller. They interpreted the 2nd Amendment as pertaining to an individual right to bear arms, rather than a collective right. They also noted that, in their estimation, handguns were included in “arms” and that it was lawful for a citizen to have a handgun in his home, so long as the proper permits were secured. Never before has the highest court in the land been so bold to define the law. Yet, they also cautioned, there are still necessary restrictions, as outlined in the 1986 gun regulations.

A whole world of information about the gun permit eagerly awaits you from Mike Selvon portal. Visit us for more insider tips on the gun license.

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It may seem crazy that toy guns would have legal restrictions, but airguns and other toy rifles are often made to look startlingly realistic. Kids may be confused whether they’re picking up their toy or a relative’s loaded real rifle lying around the house. Insolent teens may point their toy guns at a police officer in a standoff, prompting them to get shot by real guns. There is a general federal gun law for toys, but the misuse of these weapons has prompted several local municipalities to create legislation of their own.

Under federal gun law, airsoft guns must be manufactured with a 6 mm orange tip at the barrel end. The packaging must inform consumers that tampering with the manufacturer logo or orange tipped barrel could result in penalties. Individuals who use these guns as though they are real firearms — such as in a robbery or police standoff — will be charged as if the gun were real. U.S. law stipulates that no one under 18 can purchase an airsoft gun. These laws were put in place to protect law enforcement personnel and teens from misunderstandings, injuries and deaths.

In California, the toy gun law stipulates that manufacturers must put an orange ring around the barrel to distinguish shiny toy guns from real weapons. They must also warn on their packaging that the modification of the guns may result in legal ramifications. This year, on New Year’s Day, a retired Sacramento firefighter used a pellet gun to hold up a mini-mart and died in a standoff with the police.

A week later, another man was injured in Rancho Cordova when police responded to a 9-1-1 call and shot at a man holding a gun, which turned out to hold only pellets, not lethal guns ammo. In California, brandishing fake guns as real ones is punishable by a $100 fine for the first offense, $200 for the second offense and is considered a misdemeanor by the third offense.

Not all kids take local gun law edicts seriously, however. In 2006, a Longwood, Florida student painted over the orange tip and threatened students at school with his airgun. The sheriff called to the scene also thought the gun was real and, as a result, shot and killed the student.

Dangerous or not, there is no reason for kids to bring these toy guns to school. Most schools have rules sentencing the child to temporary suspension or even permanent expulsion for bringing airsoft guns on school property. Parents should ensure their kids abide by the laws to protect themselves from harm’s way.

A whole world of information about the gun permit eagerly awaits you from Mike Selvon portal. Visit us for more insider tips on the gun license

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The state of Arizona does not have an “open carry” gun law. Thus, any person in Arizona can carry a gun in any public area, like a sidewalk and parks. Until recently this was not a very well known fact, but it was highlighted by a man carrying an assault rifle at an organized protest outside a building where President Obama was speaking about healthcare. According to the police and the Secret Service the President was never in danger.

Police were informed of the man carrying the gun, but could not bring him in for private air conditioning Phoenix style. Although some protesters were concerned, the man was allowed to keep his weapon slung over his shoulder throughout the protest. This may sound concerning because the man was with a large group of people and near the President, but police really believe everyone was safe, including the President.

Had the man tried to enter the building where the President was speaking he would not have enjoyed the Arizona AC for very long. Although the speech was taking place in the state of Arizona, the police of Arizona were not in control. Places where a President speaks are temporarily controlled by the federal government, and the federal government does not allow unauthorized people to carry guns. In other words, the federal government does have an “open carry” law and any unauthorized person carrying an assault rifle would have been arrested.

Some people argue that the federal law violates the Right to Bear Arms guaranteed in Amendment 2 of the Bill of Rights. The Bill of Rights is the first ten amendments to the Constitution. The Right to Bear Arms is historically rooted to Colonial Times when the British denied the Colonists’ right to have guns. Development of assault weapons and automatic guns in the 1970s caused many to demand for gun control laws. The man carrying the assault rifle truly highlighted this debate in the same way air conditioning Mesa highlights the need for reforming our nation’s energy consumption.

AC by Jay’s Comfort Team works hard to help their customers save energy and money. They fully understand the current Arizona AC trends in home ventilation systems the same way the police and Secret Service fully understand the gun laws. AC by Jay’s Comfort Team has offices in Phoenix and Mesa; let them help you with your air conditioning Mesa or air conditioning Phoenix needs.

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These pistols were of the “Frammer” design and manufactured between 1941 and 1944. It is a blow-back operated pistol chambered in 7.65mm Auto and came with a 7 round detachable magazine.

The German government contracted for 50,000 of the 7.65mm Auto 1937 type pistols with pro-Axis Hungary in 1941. They were primarily ordered for the Luftwaffe. The originally delivered pistols were identical to the M-1937, however after delivery had begun, the Luftwaffe requested that a manual safety catch be added to production pistols.

The manual safety was added to the left rear of the frame. It was at this point that the slide marking was changed from ‘FEMARU FEGYUER ES GEPGYAR RT 37′ to ‘P.MOD. 37 KAL 7.65′ with German Waffenaenment acceptance stamp. They concealed the manufactured in accordance with the German system. Production was extended until 1944 ending with approximately 85,000 having been manufactured. The production of the ’37u’ was NOT under German occupation as production was completed prior to this in 1944.

The holsters have a history of their own. There were at least three that were available with the pistol during its production years. There were two Hungarian holsters available during manufacturing years. One was a leather holster with the top flap overlapping the magazine pouch which was secured by a leather strap attached to the lower edge of the holster and pulled upward to fasten over a metal stud.

A second Hungarian supplied holster was of a combo fabric/leather construction. The top leather flap strap was attached to the flap itself and hung down to meet and attach to a protruding stud. The third was a German made holster with ‘cdc’ code for Kern Klager & Co. of Lederwaren, Berlin. The code was stamped into the leather belt loop of the holster. The Germans used the same holster for the p37 and the Browning M1922.

The C.G. Haenel Co. was located in Suhl Germany and was established in 1840. It was not until 1921 that the company began to manufacture semi-auto pistols. This was after Hugo Schmeisser was hired as the companies’ chief engineer.

There were two models of this pistol that I’m aware of. The model-1 that was 6.35 caliber with 2.48″ barrel. It had a six shot magazine and weighed 13.5 oz. The left side of the slide was stamped “C.G. Haenel Suhl-Schmeisser Patent. The grip panel was marked “HS” in an oval. The Model 2 …was the same design but only had a 2″ barrel and only weighed 12oz. and had “Schmeisser” molded into the grips.

The value of a Broomhandle Mauser is going to difficult to set considering it is just part of a collection and one of which I cannot inspect. Additionally Rusty, there are other issues in regards to the model 1896 (Broomhandle) that are unique concerns to the collector.

To begin with there are over 30 different models/variations of the Broomhandle and equally as many different retail values. I have no way of knowing which model that the firearm in question may be.

Another issue that needs mentioning here is that the retail values are also going to vary due to matching stock/holster. A correct matching set will add 40% to the value of the 1896. Non-matching stock/holster will add between $350 and $600.

Also, Over the years there have been large quantities of Broomhandle Mausers and Astra copies imported into the U.S. These are in fair to poor condition and have been offered for sale at relatively low prices mostly as parts guns. During recent years these very common pistols have been “converted” to “rare, exotic, near mint, original” specimens selling for four figures.

Since it is impractical to try to list 30+ values X about a half dozen price setters, I can advise you that a Standard Wartime Commercial model in “good” condition has a retail value of about $800. That said, prices for other variations climb as high as $10,000.

A 1920 Rework would be selling for about $500 in “good” condition. Post war models as low as $600 in “good” condition. There are some Chinese copies that sell for as little as $350 in “good” condition. The P38 is a very wide description of a host of Walters.

Victor Epand is an expert consultant for http://www.WarGear.info. WarGear.info carries the best selection of military clothing, war gear, and combat accessories on the market.

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Preparing to buy your first handgun can be quite daunting. They aren’t cheap. New handguns range in price from $250.00 to $2,500.00. And to complicate the matter even further, there are many different manufactures and choices. I tell people in my carry permit course that there are as many different types of handguns as the manufacturers can talk people into buying. What is probably most confusing to someone new to this field is the fact that for every make and model of handgun, there are 3 gun magazine writers telling their readers that their particular brand or caliber or gizmo is the best, and 4 others saying that the gun in question will get the reader killed.

Yesterday I was asked my opinion about Glocks. I said that what I thought didn’t matter; it wasn’t my money or my safety on the line. My preference does not matter in the decision to buy your gun. My wife likes Glocks; I feel the same about revolvers. Our preferences differ. As long as you know your gun, why you chose it, and it fits your needs, then it’s the best gun for you. Now, that being said lets discuss the benefits and drawbacks of the two main types of handguns, semi-automatics and revolvers.

Revolvers are a type of pistol that has a rotating cylinder containing a number of firing chambers. They typically hold 5 or 6 rounds, each held in its own firing chamber. They are generally cheaper to purchase than a semi-automatic, with a new one from a major manufacturer such as Taurus or Rossi being in the neighborhood of $250.00. The major benefits of this type of handgun include:

They are easier to learn to manipulate, because there is generally fewer functions than a typical semi-auto.

They are normally easier for weaker handed persons to operate. This is due to the lack of a slide.

They are generally more reliable.

There is more choice of ammunition.

Revolvers are not as training intensive as a semi-automatic pistol (more about this later).

I prefer revolvers for home defense, as a home protection weapon will be stored loaded for an extended period of time. This is because they have fewer moving parts, which in turns makes them less sensitive to a lack of cleaning and maintenance than semi-automatics. I also recommend them for someone who is not going to train as intensively as recommended because this type of handgun has fewer functions to remember. In order to manipulate a revolver, one only has to operate the trigger and the cylinder release, whereas a semi-automatic pistol generally has a trigger, a magazine release, a slide lock, and at least one safety lever.

Revolvers do have disadvantages, and it is because of these disadvantages that police departments around the county have changed from them to semi-automatics. These disadvantages should be understood if the reader wishes to make a decision; therefore I will list them:

Revolvers are slower to reload than the typical semi-automatic.
They are sometimes harder to conceal, due to width of cylinder.
Revolvers do not normally hold as many rounds (5-6rds compared to 8 or 10rds in a semi-automatic.

Because a revolver contains separate chambers for each round, to fully load a revolver, the operator must put a round in each chamber (6 actions for 6 rounds). To fully load a semi-automatic the operator has to insert a single magazine into the pistol (one action for multiple rounds).

Semi-Automatic pistols fire a single cartridge each time the trigger is pressed. It automatically extracts the spent casing and prepares to fire another round. A semi-automatic is sometimes called automatic, but the difference is a true automatic can fire multiple rounds per trigger press. This seemingly small difference can cause tens of thousands of dollars in fines and years of time in federal penitentiaries, so be sure to know the difference. A semi-automatic holds its rounds in a single device called a magazine (it is possible to offend some hard-line gun enthusiasts by calling a magazine a clip). This magazine is normally inserted into the grip of the handgun. These handguns are the most popular, and they are that way for many reasons. Some of the most recognized reasons are:

Semi-autos can hold many rounds compared to a revolver. Normally a semi-auto magazine holds 8 to 10rds, but there are magazines capable of holding 15 to 30.
They allow faster reloads.
Due to popularity, there is a wider choice of accessories such as holsters available.
They are easier to conceal due to thinner action than a normal revolver.
It is easy to carry spare ammunition via preloaded magazines.

Iyt is because of the amount of rounds easily carried in magazines upon one’s body and the amount of rounds in the pistol that caused the semi-automatic to replace the revolver in the arming of our nation’s police. What has kept it there is the different features that are possible in a semi-auto. A police force or a private user can decide the type of safety devices or modes of operation that they want in a firearm and buy a brand that has those features. While this is a benefit, it also can become a drawback. The reasons for this are:

They are very training intensive. Before one begins to carry a semi-automatic for self-defense, it is recommended that the user fire 2 or 3 thousand rounds of the type of ammunition they intend to carry in their firearm in order to fully understand the function of their firearm.
Semi-autos are more complex. This means more prone to fail. While modern firearms and ammunition can fire thousands of rounds without malfunction, it can and does happen.
They are more expensive than a revolver.

Firing them can be harder for people suffering from arthritis or of weaker stature to manipulate slide.
This type of handgun is more sensitive to ammunition type. Some types of semi-automatics are more prone to jam with certain types of ammunition, which is another reason it is suggested to train with the type of ammunition you intend to carry.

The semi-auto type of firearm is very well represented in the world of guns. Because of this sales popularity, there are many different functions and characteristics. Comparing this is like comparing pickup trucks to cars. There are many brands of pickups (revolvers), but generally they all are basically the same. In the car (semi-autos) world, they have sedans, sports cars, wagons, convertibles, limousines, economy class, and luxury designs. You can buy a vehicle or a firearm based solely upon an arbitrary reason such as looks, popularity, or what the marketing hype in a gun magazine tells you. You may also buy a tool such as this by deciding your needs and weighing your options.

David is a former U.S. Marine Corps noncommissioned officer, correctional supervisor and firearms instructor for the TN Dept. of Correction. He is presently commissioned as an operations officer for the Tennessee Emergency Management Agency. He is also a certified NRA instructor, and holds instructor ratings with both the TN Dept of Safety, and the TN Dept of Commerce and Insurance.

http://www.tngun.com

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While owning a gun, whether for sport or protection, is every American’s right there are several things to consider. One of the most important aspects of owning a gun is to a have a safe place to store it while not in use. We all have heard tragic stories of guns left unsecured being misused by children, adults, and even thieves themselves.

In this article, let’s look at pistol storage. Some people feel maybe up in a closet is a good place to store a gun, or perhaps under a pillow. There are a few problems with each of these methods. Up in a closet, while out of sight, is still not secure enough as a pistol may “accidentally” be found by someone other than the owner. Also, if needed immediately for protection, a closet may be too far away or hard to get to in case of an emergency. On the other spectrum, a pistol placed under a pillow or mattress is probably too accessible to everyone. A quality built pistol safe takes both easy access and security into consideration. The first thing to consider is the quality of construction. Be sure any pistol safe you are considering is made of steel or some other high strength composite. Many safes may be bolted to a surface with a bracket or secured with a security cable. The latter is especially useful when traveling, such as securing a safe in a RV, or automobile, or hotel room.

Secondly, a good pistol safe offers an easy way to open the safe and obtain the pistol when needed. This can be done in several ways. The most standard access is by key, which can pose a problem as fumbling for a set of keys is not the most desirable option in a clinch. Better methods include keypad entry and Biometric (Fingerprint) entrance. Keypad entry allows one to enter a personal code on a keypad for secure yet quick access. For the same effect, some newer models offer fingerprint recognition pads. Other features to consider when purchasing a pistol safe include: motion sensor detection and low battery alarm (if powered such as keypad entry).

Whichever method you choose to store your pistol, remember while it is your right to own this weapon, it is your responsibility to protect yourself and others from its misuse.

M. Kilby is a website administrator for http://www.bluelaketackle.com – He along with his father are avid fishermen who own and operate Blue Lake Tackle, LTD.

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