September 2002 

Newsletter

Page 1

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Homeland Security Is Being Legally Armed

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Tennessee Judge Convicted Of Mail Fraud In Permit Selling Scheme

More Women Are Carrying & Buying Pistols On Their Own

Arizona Dept. Of Public Service Studying National Reciprocity Plan

 If You Have A Alabama Pistol Permit, A Kentucky CCDW License, Or A Tennessee Handgun Permit, You Need One Of The Following Publications:

"Legally Armed In Alabama"

"Legally Armed In Kentucky"

"Legally Armed In Tennessee"

These publications help you to know your own state laws, states that honor your state permit [including the restrictions you face in these states], how to transport in states that do not recognize your permit, and more.   To get a copy, click on the publication for your state.

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Retreat to Legallyarmed

   Tennessee Judge Convicted Of Permit Scheme

In last months newsletter, we wrote of some firearm instructors in Kentucky and Tennessee who were charged with mail fraud.  The indictments were issued when undercover investigations resulted in handgun "Completion Certificates" being issued without the required handgun training as the law requires.  Since the Kentucky CCDW (carrying concealed deadly weapons) license, and the Tennessee Handgun Permit are sent by federal mail, the individuals were charged with mail fraud.

On September 29, 2002, former Tennessee Lake County General Sessions Judge James Watkins will be sentenced based on pleading guilty to one count of obstruction of justice.  Assistant U.S. Attorney Joe Murphy released a copy of the plea agreement which states: "a scheme to distribute endorsed but otherwise blank "Certificate's of Completion" for Handgun Safety Course" issued by the West Tennessee Handgun Permit School.  In our newsletter last month, Mr. Timothy Lowrance was named as the owner of this handgun school.  He was charged with federal mail fraud violations.  He also pled guilty and made a plea bargain arrangement regarding the charges issued in the indictment.

Are Politicians & Various Big Wigs Involved In Both Cases In Kentucky & Tennessee?

A number of individuals who did not want to be identified, told us that in Kentucky and Tennessee a number of elected officials and your average "Big Wig",  have been the recipients of the blank but endorsed "Completion Certificates".  In both states, these certificates are issued by the regulatory state agency in charge of the Right To Carry Law.  In Kentucky it is the Kentucky State Police, and in Tennessee it is the Tennessee Department of Safety.   Both of these agencies are law enforcement agencies.

In Kentucky these certificates are first issued to the Kentucky "certified" CCDW instructors who then sign and issue them to the CCDW applicants who have successfully completed and passed the required training.  In Tennessee, the Tennessee Department of Safety issues the blank "Certificates Of Completion" to the certified handgun schools.  Instructors who conduct the training for these schools, sign the certificates to the handgun applicants who successfully complete the required training in the number of hours required by the regulations.

Because of the indictments in Kentucky, the regulatory agency the Kentucky State Police, have stated that they will be doing the training and certifying of firearm instructors, and will issue the "Instructor Certificates" based on the Completion of the training they receive from the Kentucky State Police.

Seems To Indicate The Same Old Game Of Powerful People Who Want To Be Treated Different Than The Average Citizen

A person doesn't have to be a genius or a great pistol shooter to pass the state mandatory training in Kentucky or Tennessee.  Both courses consist of classroom instruction on gun safety, handgun nomenclature, laws, and the use of force. Both states require a live fire handgun qualification.  It is done in this manner so that the average person can obtain the authorization to carry a handgun.  This is the reasoning for the Right To Carry Law, to allow the average law abiding citizen to carry defensive weapons.

In Kentucky the CCDW License applicant has to shoot less than twenty-five rounds in order to qualify.  A written test is also conducted in Kentucky.  In Tennessee, the classroom portion is a minimum of four hours that also includes a written test.  The live fire handgun qualification is a minimum of four hours with a minimum amount of forty-eight fired rounds from a distance of three to twenty-five feet from the target.  The majority of Tennessee Handgun Schools offer this course in one day. In both Kentucky and Tennessee, as long as the applicant doesn't shoot the instructor, they normally pass the training course.

In Kentucky the target used in the live fire qualification is a B-10 silhouette.  In Tennessee it is a B-27 silhouette target.  In both states any round that hits the silhouette is considered a hit.   Some firearm instructors in both states use higher standards in the live fire qualification, but not the majority of instructors.

Both the scheme in Kentucky and Tennessee seem to have been driven by individuals who felt they were above the mandatory training.  They did not want to do what the average citizen is required to do under the laws of both states.  The money involved does not seem to be the major issue.  

The schemes were born from certain individuals who just did not want to take the time or energy to meet the required training in either state.  The more money and power some people possess, the more special treatment they expect to receive.

  Results Taken In Kentucky & Tennessee

In Kentucky the situation seems to be under control because of the actions taken by the Kentucky State Police. Any entity that conducts the CCDW Course must be "certified" as an instructor by the Kentucky Criminal Justice Training Center.

In Tennessee it may still be happening but it is not illegal because;  the regulations of the Tennessee Department of Safety only affect the "private" handgun schools. They are subject to the rules, regulations, and any violations. As a result of this, only the private handgun schools can loose their authorization to issue "Completion Certificates", have their handgun school closed because of violations of the regulations, or be charged with a criminal act.  Law Enforcement organizations are not subject to the rules or regulations, or any violations.  

What happened in the Tennessee case could be still be happening every day.  We will never know because; even if it is happening, "public" agencies are not doing anything wrong because they aren't subject to any of the regulations!  Only a "private" school can be charged with violations. 

"Exemption" Of Law Enforcement Agencies Established By A Law Enforcement Agency

If you think that having only one group of instructors subject to rules, regulations, and violations is unfair and wrong, it is how the handgun permit issuance is conducted in Tennessee.  This element of the law was not established by the Legislature.   The exemption of law enforcement agencies was established by a law enforcement agency.   When the Tennessee Legislature established the provisions within the law, they assigned the task of the training elements to  the Tennessee Department of Safety, "to promulgate rules and regulations".   In the regulations established by the T.D.O.S., the first regulation that this department issued was that law enforcement agencies were not subject to the regulations.  This means that there is nothing that has to be done to issue a "Certificate of Completion" to a handgun applicant.

Are Law Enforcement Agencies Doing Training Correctly?

The Mount Juliet Police Department, and the Bradley County Sheriffs Department are doing everything by the book.  The way the course is suppose to be conducted.  They both conduct four hours in the classroom, four hours on the gun range, and all the elements are covered in the course.  These two agencies are not the only law enforcement agencies doing the training.

However, when one entity is not subject to any rules, there is always going to be some bending or complete indifference to the way something should be done.  Having one group exempt from any regulations, while holding another group responsible for regulations can only do one thing...cause problems!     

By exempting law enforcement agencies from any rules, the Tennessee Department of Safety has also removed any "standards" that should exist within a training program.   Unless certain elements of training are done by all the trainers who conduct the handgun permit course, there can never be "uniform standards".

  Uniform Standards Need To Exist

When all training groups are doing the same type of training based on issued rules, this creates a "Uniform Standard" of training.  This means that every applicant who took a handgun permit course went through the same training no matter what group did the training.   The public group [law enforcement agencies] or the private group [non-law enforcement agencies]. 

Only Private Citizens Doing The Training Can Be Charged

The indictment and guilty plea at the top of this article regarding the Tennessee Handgun School charged, is based on no training conducted by a "private" trainer.  If the same thing happened with a "public" trainer or agency, there could not be any indictment since they did not do anything illegal.  In order to do something wrong, you must have violated some rule or regulation.  If there are no rules or regulations to violate, you simple can't do anything wrong.  Strange but true!