Supreme Court Rules Second Amendment Protects Stun Guns

by James E. Wagner | Mar 28, 2016 | FIREARMS LAW, FIREARMS LAW: LOCKED, LOADED AND LAWYERED

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...

Firearm Transfers Between Residents of Different States

by James E. Wagner | Dec 23, 2015 | FIREARMS LAW, FIREARMS LAW: LOCKED, LOADED AND LAWYERED

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. In particular, under 18 U.S. Code §922(a)(3), it is...

Guns in Parks

by James E. Wagner | Oct 12, 2015 | FIREARMS LAW, FIREARMS LAW: LOCKED, LOADED AND LAWYERED

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...

RESTORATION OF FIREARM RIGHTS AFTER JUDICIAL COMMITMENT

by James E. Wagner | Jul 23, 2015 | FIREARMS LAW, FIREARMS LAW: LOCKED, LOADED AND LAWYERED

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). There is a procedure...

Riding Around with Guns in Cars

by James E. Wagner | Jun 15, 2015 | FIREARMS LAW, FIREARMS LAW: LOCKED, LOADED AND LAWYERED

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...

What Do You Do With Grandpa’s Machine Gun?

by James E. Wagner | May 12, 2015 | FIREARMS LAW, FIREARMS LAW: LOCKED, LOADED AND LAWYERED

Duties of the personal representative or executor of an estate (I’ll use ‘executor’ for both) include gathering, protecting and distributing assets that belonged to the deceased. In this part of the country, firearms are frequently part of the estate. After the...