This probably won't get much attention because most care little about the NFA and the regulation of certain weapons. First off I do not think that short barreled rifles, shotguns, suppressors (silencers), and machine guns ought to be regulated by the government. That being said I don't want to go to jail so I will try and comply with the law.
In 2003 the Tennessee legislature passed public chapter 275. The law passed with no opposition. It is TCA 39-17-1361.
“The sheriff or chief of police of the city of residence of a person purchasing any firearm, defined by the National Firearms Act, 26 U.S.C. § 5845 et seq., shall execute within fifteen (15) business days of any request all documents required to be submitted by the purchaser if the purchaser is not prohibited from possessing firearms pursuant to § 39-17-1316."
That seems fairly straight forward, the sheriff "shall execute...all documents."
On February 9, 2010 I purchased a suppressor. I filled out the paperwork, was fingerprinted and photographed. The sheriff, at the end of 15 days gave me the document. It was signed, but two lines of the form were crossed out rendering it useless. I sent the NFA application to the BATFE and they refused it, stating that they cannot approve if the lines are crossed out.
Tennessee law, TCA 8-47-101 and 8-47-103, state that a public official shall be investigated if on written complaint and that the official who failed to perform a statutory duty shall be ousted. I made a written complaint to both the District Attorney and the Attorney General. The District Attorney refered the matter to the Attorney General because she said she had a conflict of interest. The Attorney General basically said the sheriff had no statutory duty to execute the NFA document.
The only remedy available to me to force the sheriff to obey the law is to petition the Chancery Court for a writ of mandate. Also known as a writ of mandamus. This petition is to ask the court to force a respondent to perform a statutory duty. I filed the writ of mandamus on September 20, 2010. I amended the writ on October 1, 2010 to correct a couple of errors. The sheriff motioned to dismiss on September 29, 2010.
In my petition I ask the chancellor to mandate the sheriff execute my BATFE form 4.
The sheriff in his motion to dismiss states that:
1. There is no affidavit
2. Petitioner does not identify a duty
3. Petitioner has other available remedies
Anyway, it goes to show how anti-gun some Republicans really are. This one convinced the county commission to ban guns in parks a few months ago.
Petition 9-20-10 with documents
Motion to dismiss 9-29-10
First amended complaint 10-1-10
Lomoy v O'neil
Audio silencer denied and house and senate hearings
TCA 39-17-1316
In 2003 the Tennessee legislature passed public chapter 275. The law passed with no opposition. It is TCA 39-17-1361.
“The sheriff or chief of police of the city of residence of a person purchasing any firearm, defined by the National Firearms Act, 26 U.S.C. § 5845 et seq., shall execute within fifteen (15) business days of any request all documents required to be submitted by the purchaser if the purchaser is not prohibited from possessing firearms pursuant to § 39-17-1316."
That seems fairly straight forward, the sheriff "shall execute...all documents."
On February 9, 2010 I purchased a suppressor. I filled out the paperwork, was fingerprinted and photographed. The sheriff, at the end of 15 days gave me the document. It was signed, but two lines of the form were crossed out rendering it useless. I sent the NFA application to the BATFE and they refused it, stating that they cannot approve if the lines are crossed out.
Tennessee law, TCA 8-47-101 and 8-47-103, state that a public official shall be investigated if on written complaint and that the official who failed to perform a statutory duty shall be ousted. I made a written complaint to both the District Attorney and the Attorney General. The District Attorney refered the matter to the Attorney General because she said she had a conflict of interest. The Attorney General basically said the sheriff had no statutory duty to execute the NFA document.
The only remedy available to me to force the sheriff to obey the law is to petition the Chancery Court for a writ of mandate. Also known as a writ of mandamus. This petition is to ask the court to force a respondent to perform a statutory duty. I filed the writ of mandamus on September 20, 2010. I amended the writ on October 1, 2010 to correct a couple of errors. The sheriff motioned to dismiss on September 29, 2010.
In my petition I ask the chancellor to mandate the sheriff execute my BATFE form 4.
The sheriff in his motion to dismiss states that:
1. There is no affidavit
2. Petitioner does not identify a duty
3. Petitioner has other available remedies
Anyway, it goes to show how anti-gun some Republicans really are. This one convinced the county commission to ban guns in parks a few months ago.
Petition 9-20-10 with documents
Motion to dismiss 9-29-10
First amended complaint 10-1-10
Lomoy v O'neil
Audio silencer denied and house and senate hearings
TCA 39-17-1316
