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Good Luck. Tennessee passed a similar law in 2003. Public Chaper 275, 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."

I've had to file a lawsuit to force my sheriff to execute my documents. He says the law is unconstitutional.


https://docs.google.com/fileview?id...zMtNTgyMS00Y2YyLTg2YWItYWMwMmE3ZTk3OTcw&hl=en
 

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He is a former assistant district attorney and has worked for the state of tennessee for a long time in law enforcement.

I'm aware that his reliance on the cases he mentions in his brief are in error. As you state, those cases decided that the federal gov could not force the sheriff to execute the documents but in this case it is the state who is mandating the execution. With a liberal Attorney General who does not believe he has an obligation to execute and a supreme court which is solidly liberal I'll probably lose and make some bad case law.
 

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You may not understand, I'm pro se. I have petitioned for the writ of mandate. He has motioned for dismissal and answered the petition. He is a former assistant district attorney who is, of course, represented by the county attorney. The case is being heard by another former assistant district attorney.

my petition for writ of mandate 9-20-10

sheriff's motion to dismiss 9-29-10

sheriff's answer to complaint 10-1-10

Hearing for the motion to dismiss is on 10-18-10. I'm writing my memorandum of law against it.
 

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It is too expensive for me to keep being the squeaky wheel, $1300 for the court of appeals plus depositions and everything else. I have two other cases pending which are more important. I did what I could and notified everyone who could help, but got nowhere.
 

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I contacted the nra-ila in March. They want nothing to do with it. They must be of the opinion the law is a bad law. I have emailed them several times since then and today as well. They never return emails or calls. Which is strange considering they wrote the legislation. lol
 

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I've contacted the nra grassroots and legal. I have left messages for heidi keesling who I think is in charge of TN. I spoke with Ben West in person, who is a member of the state house of reps, this evening and who sponsered the legislation. He said i was correct and the judge wrong.

I have 30 days to appeal. $1000 cash bond and $300 costs.


link to final order
 
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