Sat
Aug 15 2009
11:31 am

WATE reports that a woman said she was shot twice in the face by her ex-boyfriend during an argument. Someone with the exact first, middle, and last name in the same county where the suspect was arrested has a current handgun carry permit according to the Commercial Appeal database.

SEE ALSO: WBIR

PREVIOUSLY: Alcoa road Rage incident involving handgun carry permit holder?

UPDATE: Today's (Sunday) print edition of the Knoxville News Sentinel reports that law enforcement officials in Scott Co. confirm that the alleged shooter has a valid handgun carry permit.

This information is not reflected in the online version of the report. There is apparently some controversy within the KNS as to whether this information should be reported at all.

Given that we spent the last legislative session passing laws to allow more people to be exposed to more guns in more places because we are told that HCP holders are all law abiding citizens, it seems relevant to report when that is not the case, which is twice now in the last two weeks just in East Tennessee, so as to promote better informed public policy.

SEE ALSO: The Tennessean: A violent past doesn't necessarily prevent a Tennessean from getting a gun permit

Topics:
B Harmon's picture

Restraining orders

I cannot find the KNS link to an article posted this week about a woman who was shot and killed by her estranged husband that had a restraining order against him. He turned the gun on himself after killing her. This caught my attention because this same thing happened to a friend of mine in Seymour several years ago. She knew her husband was going to kill her and had managed to hide for quite a while, but he finally found her, leaving their son with no parents.

So my questions is this: If a restraining order is obtained against a person, does anything happen to his guns if he is indeed licensed to carry? If there have been documented threats and show of gun(s), does this warrant any look at whether the permit should be yanked and the guns confiscated? Or does this society feel that it would be more appropriate for the woman to get a gun to defend herself, permitted or not?

R. Neal's picture

I think a restraining order

I think a restraining order = suspension of HCP at least, and maybe an order to get rid of guns (but not sure on that part).

talidapali's picture

As a woman who ...

had an order of protection against an ex- of mine...it is pretty much not worth the paper it is printed on. The police can do nothing until he breaks it...usually by attacking you. Restraining orders and orders of protection are pretty much worthless. And it's doubtful that a judge would remove a man's guns just because he has proven in the past that he is likely to be violent with you.

_________________________________________________
"You can't fix stupid..." ~ Ron White"
"I never said I wasn't a brat..." ~ Talidapali

JRWnKnox's picture

Federal law prohibits a

Federal law prohibits a person subject to an order of protection from possessing a firearm, regardless of whether the person has a carry permit. The order of protection will start the process to revoke the carry permit, but the person risks years in a federal prison if he doesn't get rid of his guns.

As was pointed out, an order of protection is only works when the person respects or fears the court. Someone willing to risk a life (or even death) sentence for murder, is not likely to be deterred by being held in contempt of court.

JRWnTN's picture

Yes, in cases of first

Yes, in cases of first degree murder with added factors, such as rape, torture, murder-for-hire, etc. Why do you ask?

JRWnTN's picture

In some cases, the criminal

In some cases, the criminal will think twice before commiting certain crimes. Most criminals don't think they'll get caught so deterence isn't much of a factor.

However, there are some crimes for which death is the proper punishment. The carjack case in Knoxville is a classic case. Putting those savages to sleep is much to easy for them.

JRWnTN's picture

Sorry, but that's reality.

Sorry, but that's reality.

bobbylife's picture

Interesting.

What are the two competing ideas?

The death penalty isn't necessarily a deterrent.
The death penalty is the appropriate punishment for some crimes.

Those?

talidapali's picture

I'll venture an answer to that...

The other inference that can be drawn is that the death penalty can exist for some other reason than deterrence. What's that reason?

Retribution.

Some would argue that some crimes are so heinous that even civilized societies must consider a punishment of last, ultimate resort.

(Note that I do not say "last, best resort"...death is never a best solution to anything. If I had my druthers, and the magic wand that would actually do it, my ultimate punishment would be to make the perpetrators of crimes, such as the current case now being argued in court here in Knoxville, relive each and every moment of their victims' terror, and pain, and suffering for the rest of their lives, each and every day...day in and day out, every waking and sleeping moment...without respite. Alas, we do not live in such a world where such things are possible...yet. Although virtual reality technology may make such a punishment possible in the not-too-distant future.)

Even I, who am a "can't we all just get along?" kind of person mostly, can understand the deep-seated need for retribution in some cases. I believed growing up, after I learned of the Holocaust in my history classes, that the surviving perpetrators of such a horrific crime against all of human society such as that, deserved and should be punished by death. They should not be allowed to go on breathing clean air when their 6 million victims got no such mercy from them.

I do not however, believe that the death penalty can be or is considered as a deterrent by murderers, a great deal of whom commit their crimes in a "spur of the moment", blind fit of rage or passionate feeling. The truly premeditated murderer is one whom I would consider a candidate for the death penalty, simply because, to coldly and calmly plan out and carry out the murder of another human being is a whole different level of crime than someone who loses control of themselves and commits a crime that they might not otherwise do, if they had the mental/emotional resources to marshal their self-control.

That being said, I still believe that the death penalty may be applied far too liberally in some states in this day and age.

_________________________________________________
"You can't fix stupid..." ~ Ron White"
"I never said I wasn't a brat..." ~ Talidapali

bobbylife's picture

Deterrence?

If you argue that a penalty must deter all behavior that it penalizes, then you argue for anarchy. Obviously, nothing will deter everyone. The choice you want to force is false.

Death as a penalty is validated because of its protective value. Killing a killer is the only way to absolutely ensure that he won't continue his killing career.

It's also the only punishment that appropriately expresses societal outrage against certain crimes. Part of the reason I say "appropriately" is because lengthy imprisonment is wasteful and cruel. If anything is cruel and unusual, it's long imprisonment in the US penal system.

Deterrence is a straw man, imao.

bobbylife's picture

No.

I do advocate killing in some circumstances. Bet you do, too.

Most people are capable of distinguishing between murder and killing that is not murder. Murder is by definition unlawful. Some killing is lawful. State sanctioned execution for capital crimes can be lawful.

You advocate life imprisonment as a punishment option? You think that's somehow "nicer than" capital punishment? Why? It's still a death sentence. It's just a lot slower. And arguably much more cruel.

bobbylife's picture

So you opine...

...as you avoid the question. Why's a life sentence in a US prison somehow better than/nicer than/less-contemptible than execution?

bobbylife's picture

OMG.

They poll convicts to ascertain what penalties are okay with them? I had no idea.

bobbylife's picture

Yeah.

'Cuz life in a modern combat dungeon is soooo moral.

Andy Axel's picture

The other inference that can

The other inference that can be drawn is that the death penalty can exist for some other reason than deterrence. What's that reason?

Elimination.

____________________________

Dirty deeds done dirt cheap! Special holidays, Sundays and rates!

bobbylife's picture

Okay.

So, the real reason you oppose the death penalty is because it's genocidal by definition. Mmmkay. Makes perfect sense.

R. Neal's picture

This is all an interesting

This is all an interesting side debate on the death penalty, but back to the original point.

Handgun carry permit holder are committing gun crimes. The media is not reporting it. They aren't even sure they should.

After suffering through the last several months of the state legislature and the local media telling us we need more people with more guns in more places, shouldn't that be relevant?

Michael Silence on his blog today says that a popular local gun blogger brings needed "perspective" to the Tennessean article about creeps with HCPs committing gun crimes by pointing out that HCP holders are 99.99999% or something law abiding.

We've had two cases just in the last couple of weeks in East Tennesse where HCP holders didn't turn out to be so law abiding, but the local media was reluctant to report it and mostly didn't report it at all.

Where's the perspective in that?

P.S. On the death penalty issue, ask Paul House whether he would prefer living in prison or getting electrocuted or taking a lethal injection.

gonzone's picture

good points

Handgun carry permit holder are committing gun crimes. The media is not reporting it. They aren't even sure they should.

Prostitution gets published, with pictures in many places.

Got caught pissing in public? Sex offender! You will get published, advertised and condemned!

Crazy gun nut who kills or is likely to kill? Naaa. No problems there that need published.

On the side thread:

We kill people to show it is wrong to kill people, or to stop people from killing people, or to punish people for killing whichever you prefer. Dissonance, what dissonance?

"If ignorance is bliss, why aren't more people happy?"

bobbylife's picture

The original point, then back to the side debate, then?

The side debate is actually more interesting. Thanks for reviving it and injecting a new strand of thought into it.

P.P.S. I never suggested that the system was not deeply flawed. Killing someone who's innocent is a terrible thing. I'm not going to pretend that there's some kind of excuse for it, because it's no more excusable than keeping an innocent person locked up in hell for more than two decades. Still. If you oppose capital punishment on the grounds that it is absolutely unjustifiable to take innocent life, and there's always the chance that an execution might do that, you can say so. That seems like a viable argument. Is that the one you're making? Fine. metulj is not.

R. Neal's picture

The side debate is actually

The side debate is actually more interesting

Then start another thread.

If you oppose capital punishment on the grounds that it is absolutely unjustifiable to take innocent life, and there's always the chance that an execution might do that, you can say so.

And, uh, yes, that's my point, although I wasn't discussing that in the first place.

bobbylife's picture

FWIW,

I think the HCP offenses should be declared as such, and that it is relevant. Why don't old news outlets agree? I have no idea. But there is so much the press apparently deems irrelevant that this issue is hardly unique. I get much better stuff here about healthcare reform, for example, than I can get from any traditional local news source. So, dig on the HCP sh*theads. They're a defective and hopefully tiny minority, and they deserve it. The trad media guys will catch up to you. Eventually. Maybe.

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