Saturday, March 22, 2014

Embody v Cooper 13-8464 filed as paid case

     On March 10, 2014 the United States Supreme Court ordered that my petition to proceed as a pauper in Embody v Cooper 13-8464 was denied. The order stated that I could proceed as a paid case, if filed properly before March 31, 2014. Most pro se cases are dismissed. Most cases filed with a petition to proceed in forma pauperis are also flat out denied. In my case the Court decided to allow me to file again.

     It is an expensive proposition to file a Supreme Court case. The filing fee is only $300, but it is the hidden costs that are hard to bear. I don't expect people who have never filed a Supreme Court case to understand, but look at the SC website and look at the rules. The Supreme Court requires that paid cases be filed in a particular format. One can't go to Kinkos and request a brief be formatted and comply with court rules. No, the typeset, booklet printing, paper size, paper thickness all must comply. The booklets must include an appendix with the lower court rulings. Forty copies are to be filed with the Court. The booklets in my case are over 70 pages long. The cost to print the booklets in my case and pay the filing fee is well over $2000. I couldn't afford that, but I was lucky that a donor paid the fees.

     I do not know what the outcome will be, but I will say that the odds of gaining cert have increased exponentially. The judges may ask for a reply brief from the Tennessee Attorney General. The TN Attorney General may decide to respond on their own. Another party may write an amicus brief. I certainly hope that the judges take a hard look at my pro se case, but it is likely to be dismissed. A mere 80 cases per year are granted certiorari out of the 8000 filed.

California Right to Carry is hosting a copy of the petition.

Friday, February 14, 2014

Peruta v San Diego, Supplemental Authority filed in Embody v Cooper 13-8464

Huge news yesterday from California. The ninth Circuit Court of Appeals decided the Peruta Case. Mr. Peruta was denied a handgun permit because self-defense was not considered a valid reason. The district Court decided that Mr. Peruta could open carry instead of conceal carry and dismissed on those grounds. During the period after the District Court opinion California foreclosed the idea of open carry by banning the practice, including the open carry of long arms. On appeal two of the three judges agreed that since open carry was impermissible the sheriff cannot deny a license based upon a self-defense justification. The Court decided that the second Amendment includes the right to bear a operational firearm outside the home for the purpose of self-defense.

     Today I sent notice to the U.S. Supreme Court and the Tennessee Attorney General of the Peruta decision. I still don't know the outcome of my case, docket no. 13-8464. The Tennessee Attorney General waived the right to respond to my petition. It is generally accepted that they do so, however in this case, the issue I present is on the forefront. I hope the High Court asks for the State's response and if they accept my petition slams the State of Tennessee for their unconstitutional stance.

Edward Peruta v. County of San Diego, No. 10-56971, slip op. at ____ (9th Cir. Feb. 13, 2014)

Sunday, February 9, 2014

US Supreme Court Challenge

     Unfortunately the Tennessee Supreme Court denied certiorari in my civil lawsuit to bear arms outside the home. The Tennessee Court of Appeals said in their May 22, 2013 ruling that the constitution of Tennessee nor the US constitution recognize that right.
     I am not of that opinion. I believe the right to bear arms exists outside the home in some capacity for the purpose of self-defense. I also believe that at a minimum the right includes to bear long arms such as rifles and shotguns. Those types of firearms cannot be concealed because of their length and therefore that indicates the right must include open carry. Many so called gun advocacy groups say that the states may decide to allow concealed or open carry, but I disagree. Open carry must be recognized as the right and if concealed carry is recognized it will be a bonus.
     If you are interested in looking up my civil case on appeal to the US Supreme Court it is docket number 13-8464. The Attorney General of Tennessee has waived the right to respond. I have asked the court to allow amicus briefs for or against my position. The courts can set the conference date on my case for as soon as February 21, 2014. It is a possibility that a justice may ask the State for a response. Pro Se petitions have an extremely small chance to be heard, about 0.1%.

Thursday, January 12, 2012

FFL application / interview / inspection

I applied for a 01 Federal Firearms License (FFL) in November 2011. As a nurse I really need something to do the 4 days a week I will not be working. I enjoy guns, so why not engage in the business of buying and selling them for a profit. I'm not looking to be the next lord of War, but if I can make a few bucks and enjoy what I am doing why not?

The steps in getting an 01 FFL are not hard, there are three basic requirements:

1. You must be a law abiding person.
2. You must engage in the business of selling arms and have some type of business hours.
3. Where you intend to engage in the business it must be lawful and pass all zoning requirements.

That is it.

An application must be filled out and sent to the BATFE along with a passport style picture, fingerprint cards, and $200.

The BATFE FFL licensing notifies the local BATFE filed office and an investigator comes out for an inspection and interview. In my case the inspection was nothing more than the guy sitting down in my office for two hours. He did not look through my house, my paperwork, or in my safes. He did not even question me, he only explained the regulations.

I expect the approval of my license to arrive within a few weeks, but it could be delayed because I did change my hours of operation and there was an argument about the permission I had from zoning.

If you are thinking about becoming a Federal Firearms Licensee, just do it.

Friday, November 19, 2010

Unreasonable Definition of Unloaded

Tennessee is the only State I am aware of that defines an "unloaded" firearm as one that has no bullets or cartridges loaded in the firearm or anywhere in the vicinity. Tennessee Code Annotated states, ""Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon." (TCA 39-17-1301(18)) It boggles the mind how Legislators of this State could come up with such a convoluted definition of "unloaded".

Let's discuss how Tennessee residents could be in violation of law:
  1. Purchase a gun and an empty magazine at a gun store and place both items in the trunk of your vehicle.
  2. Purchase a gun and ammunition at a gun store an place both items in the trunk of your vehicle.
  3. Purchase a gun and ammunition at a gun store and carry both items to your vehicle at the same time.
  4. Hunters often carry both firearms and ammunition in the cab of their truck.
  5. Compact vehicles have little room so seperating ammunition from the firearm is difficult and may take space when transporting a full load of people.

Intent to go armed in Tennessee is the carry of a loaded firearm. This means that unless the firearm is carried "unloaded" as previously discussed you may be charged with a violation TCA 39-17-1307. This is a Class A or C misdemeanor and can be punishable by imprisonment.

Let's try to understand the word "unloaded". When I unload the bed of a pickup truck it means that I remove the contents from the bed of the truck. When the forklift operator unloads a trailer he removes the contents from the trailer. When a school bus is unloaded the children are no longer inside. The unloading has nothing to do with where the unloaded items are placed.

Ask yourself if the Tennessee Code definition of "unloaded" is reasonable and you'll come to the same conclusion I have. Even California defines "unloaded" as a firearm with no ammunition loaded inside of the actual firearm. Take the time to write your State Senator or State member of the House of Representatives and tell them how you feel.