The Sheriff’s Association is just about the only organized anti-gun lobby in the state (at least during my time lobbying) so I was sure it would oppose the bill. As we introduced it, we required the forms to be signed within five business days. Surprisingly, the only concern the Sheriff’s Association came to us with was that the time frame was too short. Acting as if it was the most painful thing I’ve ever done, I agreed to an amendment that took the time frame to 15 days (ultimately what was passed). We could have probably forced the issue and passed it with the five day provision but the goal was to stop unjustified, unilateral denial by CLEOs even if it meant a month. A brief wait is better than a permanent denial. Also, the Sheriff’s Association agreed to go away if we extended the introduced time period to the 15 days.

I would suggest a couple of things for anyone who is having troubles with their CLEOs understanding the law. First, I would contact the Tennessee Sheriff’s Association at (615) 547-0277 and ask if they do any training for sheriffs regarding state statutes (they do). Tell them that they’ve evidently left this one out of the curriculum and should include it. Second, tell them about this specific problem and ask that they help to educate the uninformed sheriff. If they didn’t want to implement the law, they could have fought the legislation proposing it in 2003. As the history indicates, they did not. Finally, if none of this works, John Harris with the Tennessee Firearms Association would be interested in hearing about the problem I’m sure. He can be contacted at johnharris@tennesseefirearms.com. Of course, you can always contact us here at the NRA also.

It was a good law then and it’s a better law now. Thanks and good luck.

Darren LaSorte
NRA-ILA

A literal reading of the first statute says that the sheriff must sign only if the applicant is already allowed to possess the weapon.

A literal reading of the second statute says that the applicant is only legally allowed to possess the weapon once the forms are signed.

So until your first NFA form is signed, you aren’t legally allowed to possess any NFA weapons, so the sheriff doesn’t have to sign your first NFA. (Once you are legally allowed to have at least one NFA weapon, the sheriff would be required to sign all further documentation for you to acquire more NFA weapons.)

It’s cute, and it’s clever, but it’s not going to stand up in court. Any honest judge is going to reject that interpretation.

Thanks for the advice. I’d never heard the term writ of mandamus before. I’ll be looking into it.

SayUncle told me he has an NRA lobbyist calling him tomorrow. He’s going to give them my number, so I can have a nice little chat about our unfriendly ADA.

I can be a real ball-buster when I’m riled up.

Apparently, the ADA believes that mere possession of the suppressor is illegal, therefore, that’s enough of a prohibition to deny signing the Form 4. He also believes that anyone who wants to take their chances using the affirmative defense with a judge and jury is welcome to do so.

Now, let’s take this a bit further, if you will.

The Williamson County Sheriff’s Department (another jurisdiction, south of Nashville) equips their SRT (Special Response Team) with FN PS90 rifles and Gem-Tech suppressors. Since they possess silencers, they are violating the law, right? They should all arrest each other, so they can go to court. Then, they can use the affirmative defense proscribed by TCA 39-17-1302 (b) (1) that their actions were done as part of their official duties.

The same goes for the thousands of soldiers stationed at Fort Campbell, just north of Nashville. All of them routinely possess machine guns as part of their duties. Guess what? TCA 39-17-1302 makes it illegal to do so. They should all be arrested and taken to court, where they can try their luck with the affirmative defense of TCA 39-17-1302 (b) (1).

It just doesn’t pass the common sense test, does it? Of course, common sense isn’t all too common.

It always seems that way when there’s a law that applies to another branch of goverment.

ETA: done.