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In Our Judgement: In Law & In Life

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In Our Judgment

The official Frantz, McConnell, and Seymour, LLP blog.

Providing insight on laws that regulate the manufacture, trade, possession, transfer, record keeping, and transport of firearms, ammunition, and firearms accessories.

Supreme Court Rules Second Amendment Protects Stun Guns

Supreme Court Rules Second Amendment Protects Stun Guns

The U.S. Supreme Court has issued an opinion applying the Second Amendment right to keep and bear arms to stun guns.  The case is Caetano v. Massachusetts.  It involved a woman who was carrying a stun gun as protection against a former boyfriend. On one occasion, she had to display and threaten to use the stun gun to force him to leave her alone.  Police discovered she had the stun gun, which was prohibited by Massachusetts law.  Ms. Caetano was convicted of the heinous crime and the conviction was upheld by that state’s courts, which said stun guns were not the type of weapon protected by the Second Amendment.

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FIREARM TRANSFERS BETWEEN RESIDENTS OF DIFFERENT STATES

FIREARM TRANSFERS BETWEEN RESIDENTS OF DIFFERENT STATES

It comes as a surprise to many that federal law strictly regulates transfers of firearms between residents of different states.  This is not something new.  It is part of the Gun Control Act of 1968, 18 U.S. Code §922.

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Guns in Parks

Possession of weapons in parks is governed by Tenn. Code 39-17-1311.  Generally, it is an offense for a person to carry certain weapons in or on the grounds of any public park owned by the state, counties, cities or towns.  There are exceptions for law enforcement officers, security guards and others.  This article concerns the exception for handgun permit holders.

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RESTORATION OF FIREARM RIGHTS AFTER JUDICIAL COMMITMENT

A person who has been “adjudicated as a mental defective” or who has been committed to a mental institution may not lawfully possess firearms or ammunition under federal and Tennessee law.  18 U.S. Code §922 and Tenn. Code. Ann. §39-17-(f)(1)(C).

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Riding Around with Guns in Cars

Perhaps the biggest, and least noticed, change in Tennessee firearms law is Tenn. Code §39-17-1307(e).  This provision allows anyone who can legally possess a “firearm” (handgun, rifle or shotgun) to possess or carry a firearm and ammunition in a motor vehicle of which they lawfully possess.  (An armed car thief gets no benefit from this defense).

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