Red Flag Laws Part 2

SB 1807 is the “Red Flag Law”  currently being considered in Tennessee. This Bill is a glaring example of the severe flaws in the Red Flag Laws and  the way they are written. Please know, the views expressed are simply MY opinions and fears. I am NOT an attorney. I am simply a VERY concerned citizen that is watching our Constitutional Rights being attacked by those swore to uphold and protect them.

https://legiscan.com/TN/bill/SB1807/2019

http://www.capitol.tn.gov/Bills/111/Bill/SB1807.pdf

“As introduced, allows a court to issue an emergency protection order upon a finding that a person poses an imminent risk of harm to the person or others if allowed to purchase or possess a firearm; authorizes a family member, household member, intimate partner, or law enforcement officer to petition for such an order”.

There are SO many troubling things in the Bill it’s challenging to know where to begin.

Here is the FIRST BIG concern:

SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, is amended by adding

the following as a new part:

39-17-1901.

(c) Notwithstanding any other law to the contrary, a person filing a petition for an emergency protection order shall not be required to bear the costs, including any court costs, filing fees, litigation taxes, or any other costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal or enforcement of an ex parte emergency protection order, emergency protection order, or a petition for either such order, whether issued inside or outside the state. If the court, after the hearing on the petition, issues or extends an emergency protection order, all court costs, filing fees, litigation taxes, and attorney fees shall be assessed against the respondent.

This means that the person filing the complaint bears NO financial responsibility OR liability even in dismissal! Like the CO. case, there are NO financial consequences for any person who knowingly and willfully files a false petition. (Note no LEGAL consequences spelled out either. Not even being charged with a misdemeanor).

The second issue:

(d) As used in this part:
(1) “Emergency protection order” means an order of protection issued pursuant to this part;

(2) “Family member” means a person who is related to the respondent by blood, adoption, or marriage or was formerly related to the respondent by marriage;

(3) “Household member” means a person who lives or has lived in the same household with the respondent; and

(4) “Intimate partner” means a person who is dating or has dated the respondent or has or had a sexual relationship with the respondent.

The concerns with the above sections are as follows:

“Formerly related by marriage”. This could be ANYONE. A pissed off brother in law you wouldn’t hire, a second cousin removed who saw your picture at the gun range on FB. NO LIMITATIONS.

“Has dated the respondent or had a sexual relationship”. How long ago? a Year, 5 years ago? A pissed off high school flame of 20 years ago? There is no time limit, no statute of limitations.

Third issue:

39-17-1902.

(a) Upon the filing of a petition for an emergency protection order, the court may immediately, for good cause shown, issue an ex parte emergency protection order. An immediate and present risk of harm to the respondent or others if allowed to purchase or possess a firearm shall constitute good cause for purposes of this section. An ex parte emergency protection order shall prohibit the respondent from purchasing or possessing any firearm during the period that the order is in effect.

No hearing, no respondent, or an attorney representing the respondent present. In fact, the respondent hasn’t even been notified of the filing! Yet you have been found “guilty” of being a danger.

 

Fourth issue:

(b) Within thirty (30) days of service of an ex parte emergency protection order on the respondent, a hearing shall be held, at which time the court shall either dissolve the order that has been issued or shall if the petitioner has proved the allegation of an imminent risk of harm by a preponderance of the evidence, extend the emergency protection order for a definite period of time, not to exceed one (1) year, unless a further hearing on the continuation of such order is requested by the respondent or the petitioner; in which case, on proper showing of cause, such order may be continued for a further definite period of one (1) year, after which time a further hearing must be held for any subsequent one-year period. Any ex parte emergency protection order shall be in effect until the time of the hearing, and, if the hearing is held within thirty (30) days of service of such order, the ex parte order shall continue in effect until the entry of any subsequent emergency protection order issued pursuant to this section. If no ex parte emergency protection order has been issued as of the time of the hearing, and the petitioner has proven the allegation of an imminent risk of harm by a preponderance of the evidence, the court may, at that time, issue an emergency protection order prohibiting the respondent from purchasing or possessing any firearm for a definite period of time, not to exceed one (1) year.

WAIT, WHAT??

 In the above Section B, The order has been issued; confiscation has ALREADY occurred by the time this happens! Section B implies that the order DOES NOT HAVE TO BE PROVEN FOR THE EMERGENCY ORDER TO BE ISSUED! The order will only be EXTENDED if the order if PROVEN. If that’s not troubling folks, I don’t know what is. Additionally, section A states the respondent is responsible for ALL costs. Once an order is executed, the “presumption” of guilt has already been made. Does this mean you would then be responsible for all the costs? Or does that mean you wouldn’t be responsible until AFTER the hearing is held?

Fifth Issue:

(c) The court shall cause a copy of the petition and notice of the date set for the hearing on such petition, as well as a copy of any ex parte emergency protection order, if applicable, to be served upon the respondent at least five (5) days prior to such hearing. An ex parte emergency protection order issued pursuant to this section shall be personally served upon the respondent. However, if the respondent is not a resident of Tennessee, the ex parte emergency protection order shall be served pursuant to §§ 20- 2-215 and 20-2-216. The notice shall advise the respondent that the respondent may be represented by counsel. In any case in which the petitioner is a minor unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition, notice of hearing, and any ex parte emergency protection order shall also be served on the parents of the minor, or in the event that the parents are not living together and jointly caring for the minor, upon the primary residential parent, pursuant to the requirements of this section.

It’s a bit concerning a petition against a person in another state can be filed HERE in TN. Thus leaving the respondent in ANOTHER STATE vulnerable to confiscation and having to travel back and forth to defend the accusation. Can anyone say “ugly divorce and custody fight”?

The above are just a FEW of the objections most will have in the TN Bill. I encourage you to read the Bill in its entirety. Contact your State Senator. Let them know how you feel about it an what your thoughts are!

 

Safe or Unsafe? How would you feel?

 

 

 

Hello everyone!

Imagine attending a place where the public can gather and you see one or the other of the above signs posted at the entry.  They could be posted at schools, parks, shopping centers, etc.

I would like you to ask yourself how each one would make you feel, and how safe you think your family may be in one of these locations. Simply based on the posted signs.

This is important to think seriously about because of the consequences of the debates on the topic. The discussions focus on specific shootings that have taken place in “Gun-Free Zones.” The focus tends to be on locations that evoke powerful emotional responses — specifically, schools. The anti-gun view focuses ONLY on shootings where there was NO ONE with a firearm at the site to stop the shooter. They rarely, if ever mention, shooters stopped by someone that had a gun.

The debate continues to be over whether the presence of one sign over the other ensures that one is location is safer than the other. Hence, you or your family will be.  First, let’s have the legal definition of a “Gun Free Zone” based on the United States Code Services (18 USCS § 922 (g)).  This defines a “Gun Free Zone” as “… the area where use or possession of firearms is considered a crime.”  This definition is open to and actively debated depending on the intent of the authors and their political views.

Searching online through various outlets the overall public, as I’ll call it, definitions fall into two almost opposite sides.  The explanation that supports the belief that most mass shootings happen in Gun-Free Zones defines them along the line of the USCS code. This code indicates possession and use of them by the general public would be considered a crime.  By the general public, I am referring to non-Law enforcement or legally armed personnel such as Military,  Federal Law Enforcement or Security guards that would be found on government sites, banks, etc.  On what I consider the opposite end of the spectrum and which could only be used to severely reduce the numbers is the definition that a “true” Gun Free Zone is one where there are NO guns allowed period.  There are extremely few locations that would meet this criterion thus allowing the numbers to be severely reduced.

Now let us get back to my opening question.  What sign would make you feel safer?  As a criminal or a troubled person looking to lash out and create chaos or harm what location would suit your needs?  A place where you can easily identify those who may stop you or a place where you do not know how many people will protect and defend themselves and others?

Our Second Amendment right is the best defense against trouble.  Locations that honor this should be applauded for supporting this amendment just as they are when they support all the others.  I conducted a few polls on some of the local communities’ Facebook pages.  I simply asked two questions.  Which sign would make you feel safer?  Like any poll, there is an error factor and of the thousands that were possibly reached less than 10% selected.  Of those that did on four different polls, 733 opted for feeling safer where firearms are welcome and 46 declared that they felt safer where they are banned.

However, let’s consider that currently in Tennessee only people that have had background checks, classes and challenge tests can Legally carry their firearms in public.  The simple fact that we pay the money we do for classes and licensing should be a pretty good indication that we are Law Abiding Citizens who only want to protect our families and ourselves by following the current laws.

In conclusion, it is my hope that discussing these topics will make those that are anti-gun or even anti Second Amendment pause and think about their position.  This is about so much more than numbers.  This is about human life!  It should be protected by those who want to and who are willing to.  When we go armed some choose open carry where it’s visible, others conceal the fact that they are armed, and you might not know.  But neither does the bad guy who will not follow the law!

I sure know where I feel safer at!

Is the Republic in Danger?

Is the Republic in Danger?!?

Dear Citizens (Legal) of the United States.  Do you vote?  While most would scoff at that question as if insulted, there are a lot of people who do not or have not voted in years.  There is no excuse in my humble opinion, for not exercising your right to support the direction of this great Republic.  Complacency by those who claim to love their country is the enemy of this Republic.

Common excuses (not reasons) are:

  1. I don’t have time.
  2. I don’t know enough
  3. My vote does not matter
  4. With voter fraud and suppression, it’s not worth it
  5. I like the way things are going right now
  6. Everything (the System) is broken beyond repair
  7. I do not have transportation
  8. I forgot to register
  9. There aren’t any good options
  10. I don’t care.

Not one of the above excuses should be acceptable for and the individual who wants to protect any of their Constitutional Rights.  How can you care about the 2nd Amendment but not give a damn about the others? (Without the 2nd Amendment the other won’t exist).

This coming election is one of immense importance.  For the last 3 years, it has been quite obvious that the Left hates this Country as it has existed for the last couple hundred years.  While their animosity and disdain for what this country was founded on has always been part of the undercurrent of College professors, Hollywood, and the media.  The sheep’s covering has come off and they proudly flaunt their beliefs and faith in a Socialist/Communist system that they want to redefine and change this country into.

There could be a whole essay written to try and explain, prod, inspire inactive voters, but simply put the future of this country is at risk.  If the Patriots who claim to love their freedoms given to them by their Creator and written in the Constitution by our forefathers wish to keep them, then they better get OUT, get ACTIVE and get VOTING in local, state, and federal elections.  The left is counting on your Complacency, Apathy, and post-WWII belief that “It could never happen to the USA!”

So while you are out fighting for the protection of your Second Amendment rights please follow and share the attached link to help get people registered that can support this Republic.  The Left/Liberals are working hard to destroy it!

https://www.usa.gov/voter-registration