http://moorethoughts.com/2007/12/28/the-crooks-with-guns-law/ Fri, 04 Jul 2008 08:11:22 +0000 http://wordpress.org/?v=2.5.1 http://moorethoughts.com/2007/12/28/the-crooks-with-guns-law/#comment-181721 SayUncle » More on TN’s committing felonies while armed law Fri, 28 Dec 2007 20:13:01 +0000 http://moorethoughts.com/2007/12/28/the-crooks-with-guns-law/#comment-181721 [...] He notes that attorney Nathan Moore has done an analysis of the law. Nathan concludes: 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). [...] [...] He notes that attorney Nathan Moore has done an analysis of the law. Nathan concludes: 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). [...]

]]> http://moorethoughts.com/2007/12/28/the-crooks-with-guns-law/#comment-181719 Volunteer Voters » Crooks With Guns Law Could Make Misdemeanors Into Felonies As Written Fri, 28 Dec 2007 20:06:30 +0000 http://moorethoughts.com/2007/12/28/the-crooks-with-guns-law/#comment-181719 [...] It would seem that Say Uncle’s concerns about a new gun law taking effect in January may be well founded. Regarding the law that purports to give mandatory minimum sentences to those whom use guns in commission of felonies he humorously quips: Any felony or violent ones? You see, I’d hate to see someone get ten years for selling orchids. In celebration, I’ll make sure that the last time I go tear off mattress labels while armed will be on 12/31/2007. [...] [...] It would seem that Say Uncle’s concerns about a new gun law taking effect in January may be well founded. Regarding the law that purports to give mandatory minimum sentences to those whom use guns in commission of felonies he humorously quips: Any felony or violent ones? You see, I’d hate to see someone get ten years for selling orchids. In celebration, I’ll make sure that the last time I go tear off mattress labels while armed will be on 12/31/2007. [...]

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