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Posted: 2/10/2015 1:28:16 AM EDT
[#1]
I think it's an exception if you use a non-922r compliant SIG brace equipped AK pistol fired from the shoulder. With a bootlace tied to the trigger guard.
- OS |
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Posted: 2/10/2015 9:01:07 AM EDT
[#2]
So what was legal yesterday is now illegal and hundreds, possibly thousands of people have woken up this morning instant felons.
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Posted: 2/10/2015 9:26:33 AM EDT
[#3]
What does his opinion mean? I would assume that it has to be a ruling before it takes effect?
Just curious. |
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Posted: 2/10/2015 9:32:45 AM EDT
[#4]
It would appear that Rep. MARK PODY started this ball rolling.
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Posted: 2/10/2015 9:50:05 AM EDT
[#5]
Whether he's right or wrong, I would assume that this means he intends to charge and try people for possessing and using tannerite.
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Posted: 2/10/2015 9:53:51 AM EDT
[#6]
that is unfortunate.
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Posted: 2/10/2015 10:11:09 AM EDT
[#7]
Quote HistoryQuoted:
It would appear that Rep. MARK PODY started this ball rolling. Huh. And according to his profile page on the state site, he is a member of both the NRA and TFA. |
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Posted: 2/10/2015 10:15:10 AM EDT
[#8]
Quote HistoryQuoted:
Huh. And according to his profile page on the state site, he is a member of both the NRA and TFA. Quote HistoryQuoted:
Quoted:
It would appear that Rep. MARK PODY started this ball rolling. Huh. And according to his profile page on the state site, he is a member of both the NRA and TFA. 
The NRA doesn't really give two shits about gun rights. I can guarantee they don't want Nolo to succeed, that would take away half of their funding/money. FNRA |
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Posted: 2/10/2015 11:02:26 AM EDT
[#9]
Quote HistoryQuoted:
So what was legal yesterday is now illegal and hundreds, possibly thousands of people have woken up this morning instant felons. The way I read it is that I don't think it is illegal to own tannerite (or similar substances) in an unmixed state; the illegal act only occurs once someone mixes (i.e. manufactures) the exploding target. "You ask if combining the elements of a binary explosive, such as ammonium nitrate and aluminum powder, constitutes the criminal offense of manufacturing an explosive. It does. The simple possession of the unmixed components of a binary explosive is not prohibited because, in their unmixed state, the components are not capable of detonation or combustion and, thus, would not constitute an explosive. However, once mixed, the resulting compound is capable of detonation or combustion and does constitute an explosive." James |
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Posted: 2/10/2015 11:43:44 AM EDT
[#10]
More laws and opinions, yay!
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Posted: 2/10/2015 12:05:19 PM EDT
[#11]
I think this bill might help us:
http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB0206&GA=109 |
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Posted: 2/10/2015 1:38:33 PM EDT
[#12]
Quote HistoryQuoted:
The NRA doesn't really give two shits about gun rights. I can guarantee they don't want Nolo to succeed, that would take away half of their funding/money. FNRA Quote HistoryQuoted:
Quoted:
Quoted:
It would appear that Rep. MARK PODY started this ball rolling. Huh. And according to his profile page on the state site, he is a member of both the NRA and TFA.
The NRA doesn't really give two shits about gun rights. I can guarantee they don't want Nolo to succeed, that would take away half of their funding/money. FNRA It's possible/plausible that Pody requested the opinion to ensure that the bill proposed above would eliminate Tannerite from the "explosive weapon" category under state law. Possible I say, not definitive. I'm not in his district, so he probably won't respond to my questions. Anybody living in his district should shoot him an email and ask what his intent was when requesting clarification from the state AG. I sincerely hope it was to help us, not hinder us. |
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Posted: 2/10/2015 1:40:36 PM EDT
[#13]
Quote HistoryQuoted:
I think this bill might help us: http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB0206&GA=109 Good find. It would appear so wouldn't it? Not much to see, no summary available. It would appear that the opinion request coincides with the introduction of this bill. Anybody in Pody's district want to shoot him an email and see what's going on? |
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Posted: 2/10/2015 3:06:11 PM EDT
[#14]
Well that sucks for the guys that like to use this at their own ranges on their property.
OP, I would edit the thread title to read something like " TANNERITE now ILLEGAL in Tennessee". A lot of guys here probably need to know this and that thread title will make it more noticeable. |
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Posted: 2/10/2015 6:04:01 PM EDT
[#15]
Quote HistoryQuoted:
Well that sucks for the guys that like to use this at their own ranges on their property. OP, I would edit the thread title to read something like " TANNERITE now ILLEGAL in Tennessee". A lot of guys here probably need to know this and that thread title will make it more noticeable. I think it's always been illegal based on the AG's opinion. Does appear that state legislature is trying to rectify this. Not a lawyer. Did not sleep at holiday inn last night. |
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Posted: 2/10/2015 6:23:40 PM EDT
[#16]
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Posted: 2/26/2015 7:50:42 PM EDT
[#17]
Soooooo what's the word on this? Is tannerite really illegal now?
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Posted: 2/26/2015 9:34:49 PM EDT
[#18]
Quote HistoryQuoted:
Soooooo what's the word on this? Is tannerite really illegal now? Just like the SIG brace against the shoulder -- not unless it's enforced. - OS |
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Posted: 2/26/2015 9:38:01 PM EDT
[#19]
Quote HistoryQuoted:
Just like the SIG brace against the shoulder -- not unless it's enforced. - OS Quote HistoryQuoted:
Quoted:
Soooooo what's the word on this? Is tannerite really illegal now? Just like the SIG brace against the shoulder -- not unless it's enforced. - OS But it technically is illegal now? It's not a misunderstanding of the law of some sort? |
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Posted: 2/26/2015 9:52:25 PM EDT
[#20]
Quote HistoryQuoted:
But it technically is illegal now? It's not a misunderstanding of the law of some sort? Quote HistoryQuoted:
Quoted:
Quoted:
Soooooo what's the word on this? Is tannerite really illegal now? Just like the SIG brace against the shoulder -- not unless it's enforced. - OS But it technically is illegal now? It's not a misunderstanding of the law of some sort? Based on the AG's interpretation, it was never legal. A bill has already been introduced that will remedy this. |
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Posted: 3/6/2015 5:36:42 PM EDT
[#21]
I'd like to point out a few things:
6) Do I need a license to blast on my own property?
Tennessee Annotated Code 68-105-120 states as an exception, that explosives may be used without registration for occasional agricultural blasting. “Agricultural blasting” means stump removal, beaver dam or lodge eradication and other similar types of personal agricultural use”. The opinion also says there is no permit available for making targets, period. I am betting there is some legal mechanism that addresses this, because there's no exception for possession of an airbag with this line of thought, either. |
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Posted: 5/6/2015 9:19:49 PM EDT
[#22]
So....
I looked at the link. Where is it now? |
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Posted: 5/6/2015 10:59:39 PM EDT
[#23]
Quote HistoryQuoted:
So.... I looked at the link. Where is it now? No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS |
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Posted: 5/7/2015 1:58:41 AM EDT
[#24]
Quote HistoryQuoted:
No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS Quote HistoryQuoted:
Quoted:
So.... I looked at the link. Where is it now? No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS We're just waiting on the Governor. http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0934 |
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Posted: 5/7/2015 7:19:19 AM EDT
[#25]
Quote HistoryQuoted:
No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS Quote HistoryQuoted:
Quoted:
So.... I looked at the link. Where is it now? No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS We've shot quite a bit with some local le friends. They've never said anything about it. I honestly don't think folks know it's illegal to use in TN...I know I didn't. |
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Posted: 5/7/2015 10:05:21 AM EDT
[#26]
Quote HistoryQuoted:
We're just waiting on the Governor. http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0934 Quote HistoryQuoted:
Quoted:
Quoted:
So.... I looked at the link. Where is it now? No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS We're just waiting on the Governor. http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0934 Has has 10 days to sign it or veto it. Inaction results in it becoming law. |
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Posted: 5/7/2015 10:29:05 AM EDT
[#27]
Quote HistoryQuoted:
Has has 10 days to sign it or veto it. Inaction results in it becoming law. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
So.... I looked at the link. Where is it now? No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS We're just waiting on the Governor. http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0934 Has has 10 days to sign it or veto it. Inaction results in it becoming law. Yeah I think he's just going to let this one slide. We'll know tomorrow though. |
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Posted: 5/7/2015 2:39:36 PM EDT
[#28]
Quote HistoryQuoted:
We're just waiting on the Governor. http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0934 Quote HistoryQuoted:
Quoted:
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So.... I looked at the link. Where is it now? No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS We're just waiting on the Governor. http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0934 Excellent, thanks. Knew a bill had been submitted, never heard anymore about it, figgered it didn't make it through some committee, slid on through under my radar. Mea culpa for bad info. - OS |
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Posted: 5/7/2015 3:18:00 PM EDT
[#29]
Seems to me a month or two ago there was a large explosion in Gibson county involving Tannerite and a refrigerator.
This could be in response to that. |
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Posted: 5/7/2015 5:50:42 PM EDT
[#30]
And we didn't vote to give the governor the power to replace that asshole.
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Posted: 5/8/2015 9:09:26 AM EDT
[#31]
Quote HistoryQuoted:
We're just waiting on the Governor. http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0934 Quote HistoryQuoted:
Quoted:
Quoted:
So.... I looked at the link. Where is it now? No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS We're just waiting on the Governor. http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0934 Thanks. The view I was following didn't show the governor tidbit, looked liked it was gonna die in session. |
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Posted: 5/8/2015 9:15:58 AM EDT
[#32]
Quote HistoryQuoted:
We've shot quite a bit with some local le friends. They've never said anything about it. I honestly don't think folks know it's illegal to use in TN...I know I didn't. Quote HistoryQuoted:
Quoted:
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So.... I looked at the link. Where is it now? No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS We've shot quite a bit with some local le friends. They've never said anything about it. I honestly don't think folks know it's illegal to use in TN...I know I didn't. Yeah, that's an issue. It's not illegal by law or statute. It's illegal in the opinion of the head lawyer. That means if law enforcement wanted to change over it, the prosecutor would be willing to run with it. It had to do with the lie in the heads of state attorneys; they not only think they are law enforcement, by picking and choosing what they will prosecute, they also act as grand jury and judge, too. I'm glad I never ran into that as a police officer. I don't know how I would have dealt with it. |
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Posted: 5/8/2015 9:19:29 AM EDT
[#33]
My count says Monday. Am I off?
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Posted: 5/8/2015 9:36:06 AM EDT
[#34]
Quote HistoryQuoted:
Yeah, that's an issue. It's not illegal by law or statute. It's illegal in the opinion of the head lawyer. That means if law enforcement wanted to change over it, the prosecutor would be willing to run with it. It had to do with the lie in the heads of state attorneys; they not only think they are law enforcement, by picking and choosing what they will prosecute, they also act as grand jury and judge, too. I'm glad I never ran into that as a police officer. I don't know how I would have dealt with it. this is why you should never ask police officers for legal advice. please read the law and explain to us how you think it's still legal. looks pretty illegal to me. (stupid and poorly written, but it's unambiguous) the "head lawyer" usually is law enforcement. in TN he is the chief law enforcement officer and is sworn in, has a badge. ask him to show it to you. |
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Posted: 5/8/2015 6:34:57 PM EDT
[#35]
FYI - Haslam signed it today.
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Posted: 5/8/2015 8:15:54 PM EDT
[#36]
Quote HistoryQuoted:
Yeah, that's an issue. It's not illegal by law or statute. It's illegal in the opinion of the head lawyer. That means if law enforcement wanted to change over it, the prosecutor would be willing to run with it. It had to do with the lie in the heads of state attorneys; they not only think they are law enforcement, by picking and choosing what they will prosecute, they also act as grand jury and judge, too. I'm glad I never ran into that as a police officer. I don't know how I would have dealt with it. Quote HistoryQuoted:
Quoted:
Quoted:
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So.... I looked at the link. Where is it now? No news of any legislation to exempt it. Also no news of anyone charged for using it. - OS We've shot quite a bit with some local le friends. They've never said anything about it. I honestly don't think folks know it's illegal to use in TN...I know I didn't. Yeah, that's an issue. It's not illegal by law or statute. It's illegal in the opinion of the head lawyer. That means if law enforcement wanted to change over it, the prosecutor would be willing to run with it. It had to do with the lie in the heads of state attorneys; they not only think they are law enforcement, by picking and choosing what they will prosecute, they also act as grand jury and judge, too. I'm glad I never ran into that as a police officer. I don't know how I would have dealt with it. Once mixed, looked quite clearly illegal under the existing statute to me, so admit I agreed with the AG. I don't see how if charged you wouldn't have been found in violation. - OS |
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Posted: 5/8/2015 10:05:42 PM EDT
[#37]
Quote HistoryQuoted:
And we didn't vote to give the governor the power to replace that asshole. what's the deal with this AG? Isn't he he same left winger that's been in office for years? Why can't the R legislators get rid of him? |
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Posted: 5/8/2015 10:11:45 PM EDT
[#38]
Quote HistoryQuoted:
what's the deal with this AG? Isn't he he same left winger that's been in office for years? Quote HistoryQuoted:
Quoted:
And we didn't vote to give the governor the power to replace that asshole. what's the deal with this AG? Isn't he he same left winger that's been in office for years? No, he's not. Herbert Slatery became AG 1/10/14. Appointed by TN Supreme Court for 8 years, as was Robert Cooper before him. Slatery is an old bud of Bill's since childhood, btw. - OS |
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Posted: 5/10/2015 3:59:40 PM EDT
[#39]
When does the amendment go into effect?
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Posted: 5/11/2015 1:26:53 AM EDT
[#40]
Quote HistoryQuoted:
When does the amendment go into effect? It was effective upon signing, the public welfare requiring it. 
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Posted: 5/12/2015 8:58:44 PM EDT
[#41]
Quote HistoryQuoted:
this is why you should never ask police officers for legal advice. please read the law and explain to us how you think it's still legal. looks pretty illegal to me. (stupid and poorly written, but it's unambiguous) the "head lawyer" usually is law enforcement. in TN he is the chief law enforcement officer and is sworn in, has a badge. ask him to show it to you. Quote HistoryQuoted:
Quoted:
Yeah, that's an issue. It's not illegal by law or statute. It's illegal in the opinion of the head lawyer. That means if law enforcement wanted to change over it, the prosecutor would be willing to run with it. It had to do with the lie in the heads of state attorneys; they not only think they are law enforcement, by picking and choosing what they will prosecute, they also act as grand jury and judge, too. I'm glad I never ran into that as a police officer. I don't know how I would have dealt with it. this is why you should never ask police officers for legal advice. please read the law and explain to us how you think it's still legal. looks pretty illegal to me. (stupid and poorly written, but it's unambiguous) the "head lawyer" usually is law enforcement. in TN he is the chief law enforcement officer and is sworn in, has a badge. ask him to show it to you. Rude and unnecessarily inflammatory, but I'll respond. Fireworks also meet the criteria for an explosive as defined, but weren't addressed in that section of law. Certain airbag modules also meet the criteria, but also aren't addressed. This was gone over back in the day. The definition of a binary explosive had the term blasting in it. Tannerite never was intended for that use, and wasn't supposed to be activated by a blasting cap. Those are keys. Or, they were, and that's why no one has been prosecuted for having mixed a binary explosive target under state law. Under previous thought, the product was more a firework or signaling device (also not directly addressed in state explosive laws at the time I was familiar). Far as the da thing, no, they're not. They weren't in the state definition of police officer. They don't go to the police academy, and they are not certified by post as police officers. Look at it this way, do you see them actively directing the sheriff or chief of police? No. District attorneys suffer from mission creep, like what's happened with ema. The function of the district attorney is to ASSIST law enforcement in the prosecution of their cases. The defense has an attorney, so does the officer that makes the case. Now, there are full service da offices that run their own investigations, and because as pogues they are responsible for docketing, they can exert influence by refusing to docket or prosecute a case. They are not part of the criminal justice process by necessity. Officers go in front of commissioners and judges, present evidence to the grand jury and prosecute their own cases every day, especially in smaller jurisdictions. Tldr- mission creep, and for tannerite, technicality. Or, whatever |
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Posted: 5/12/2015 9:19:31 PM EDT
[#42]
To give you some extra grist for your mills...
http://www.tn.gov/fire/fpplsect.shtml 6) Do I need a license to blast on my own property?
Tennessee Annotated Code 68-105-120 states as an exception, that explosives may be used without registration for occasional agricultural blasting. “Agricultural blasting” means stump removal, beaver dam or lodge eradication and other similar types of personal agricultural use”. Again, he's cherry picking. He is using the definition on one section and the violation in another. He even says he didn't think the blasting standards applied here. Moot point anyway. Now, about all of you with nitro pills... |
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Posted: 5/25/2015 2:35:59 PM EDT
[#43]
Nothing new here with the Gov. of TN. surrounding himself with a lot of anti-gun people and some shady people on his staff don't be surprised if he follows what Washington dictates about guns, all the BS about the 2nd Adm. and the Rights of the people of Tennessee. The ATF said the exploding targets were ok and I thought that states cannot make laws that voids Federal Laws, that Federal Laws always prevail in all cases. Maybe the AG of TN. is just trying to see what he can get away with. Maybe he is on a power trip.
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Posted: 5/25/2015 2:37:22 PM EDT
[#44]
Quote HistoryQuoted:
Nothing new here with the Gov. of TN. surrounding himself with a lot of anti-gun people and some shady people on his staff don't be surprised if he follows what Washington dictates about guns, all the BS about the 2nd Adm. and the Rights of the people of Tennessee. The ATF said the exploding targets were ok and I thought that states cannot make laws that voids Federal Laws, that Federal Laws always prevail in all cases. Maybe the AG of TN. is just trying to see what he can get away with. Maybe he is on a power trip. Option C: Maybe we made his opinion irrelevant. |
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Posted: 5/25/2015 3:28:37 PM EDT
[#45]
Quote HistoryQuoted:
.... The ATF said the exploding targets were ok and I thought that states cannot make laws that voids Federal Laws, that Federal Laws always prevail in all cases. ... If you haven't noticed, there are thousands of state laws around the country that are more stringent than federal laws, which is perfectly constitutional in most areas of jurisprudence. Just because there is no specific law against something federally doesn't mean that the states can't enact one. Nowhere is this more pronounced than in the realm of firearms/explosives. - OS |
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Posted: 5/30/2015 10:48:56 AM EDT
[#46]
Quote HistoryQuoted:
If you haven't noticed, there are thousands of state laws around the country that are more stringent than federal laws, which is perfectly constitutional in most areas of jurisprudence. Just because there is no specific law against something federally doesn't mean that the states can't enact one. Nowhere is this more pronounced than in the realm of firearms/explosives. - OS You are correct, like our current 39-17-1307, which makes it is crime for a non criminal, non adjudicated mentally deficient Citizen to carry a loaded firearm off their personal property. Oh sure, they will sell you a "Permit" to enjoy a guaranteed Right (Article 1 § 26), because we LET them (legislature) pull this noise, but it is still a crime. |
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Posted: 5/30/2015 5:32:59 PM EDT
[#47]
Quote HistoryQuoted:
You are correct, like our current 39-17-1307, which makes it is crime for a non criminal, non adjudicated mentally deficient Citizen to carry a loaded firearm off their personal property. Oh sure, they will sell you (a "Permit" to enjoy a guaranteed Right (Article 1 § 26), because we LET them (legislature) pull this noise, but it is still a crime. Quote HistoryQuoted:
Quoted:
If you haven't noticed, there are thousands of state laws around the country that are more stringent than federal laws, which is perfectly constitutional in most areas of jurisprudence. Just because there is no specific law against something federally doesn't mean that the states can't enact one. Nowhere is this more pronounced than in the realm of firearms/explosives. - OS You are correct, like our current 39-17-1307, which makes it is crime for a non criminal, non adjudicated mentally deficient Citizen to carry a loaded firearm off their personal property. Oh sure, they will sell you (a "Permit" to enjoy a guaranteed Right (Article 1 § 26), because we LET them (legislature) pull this noise, but it is still a crime. ETA Nevermid I missed the carry OFF property. |
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Posted: 6/9/2015 8:08:28 PM EDT
[#48]
See if you can find the one fucky part
http://www.tn.gov/sos/acts/109/pub/pc0397.pdf PUBLIC CHAPTER NO. 397
SENATE BILL NO. 874 By Niceley Substituted for: House Bill No. 934 By Matheny AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 7; Title 39, Chapter 17, Part 13; Title 68, Chapter 102, Part 1 and Title 68, Chapter 105, relative to explosives. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 39-17-1302, is amended by adding the following as a new, appropriately designated subsection: ( ) Subsection (a) shall not apply to the possession, manufacture, transportation,repair, or sale of an explosive if: (1) The person in question is eighteen (18) years of age or older; and (2) The possession, manufacture, transport, repair, or sale was incident to creating or using an exploding target for lawful sporting activity, as solely intended by the commercial manufacturer. SECTION 2. Tennessee Code Annotated, Section 39-14-702, is amended by adding the following as a new, appropriately designated subsection: ( ) This section shall not apply to a component part of an explosive solely intended to be used in creating an exploding target for use in lawful sporting activity, when the part is possessed by a person eighteen (18) years of age or older. SECTION 3. Tennessee Code Annotated, Section 68-105-120, is amended by adding the following as a new, appropriately designated subdivision: ( ) The use of explosive materials solely intended by the commercial manufacturer to be used to create an exploding target for use in lawful sporting activity or the use of an exploding target for its intended purpose in lawful sporting activity; provided, that the person using the explosive materials is eighteen (18) years of age or older; SECTION 4. This act shall take effect upon becoming a law, the public welfare requiring it. |
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