2009 Legislative Wish List

[johnharris]

TFA (not the leadership but also the membership since we are a grassroots organization) will look and push for legislation on these types of issues

1) Carry in restaurants where alcoholic beverages are served so long as the permit holder is not consuming

2) Carry onto school grounds so long as the firearm remains in the vehicle (there is presently an exception for picking up or dropping off passengers and we want to see it expanded for all trips )

3) Carry into public parks (local, state and federal)

4) strengthen range protection and development (local zoning is a huge problem here)

5) increase public access to ranges built or maintained with public funds (similar to existing federal law)

6) the ability for employees to secure their weapons in their cars or other secure locations at work

7) repeal of the "two steps back" that came with the 2007 amendments to Tennessee's already existing "castle doctrine" (a change which had large Republican support by the way)

8 ) repeal of the 2008 law which removed the effective of citizenship restorations for non-violent felons (a change which had large Republican support by the way)

9) limit governmental entity ability to post governmental buildings without public hearings and require government buildings to provide secure storage (bus terminal type lockers perhaps)

10) rewrite of Tennessee's restoration of citizenship laws to include phased restorations for minor violent offenders (e.g., at 10, 15 or 20 years following sentence completion for certain low-violence crimes)

11) rewrite of Tennessee's restoration statutes to allow full restorations following prior misdemeanor domestic violence charges

12) rewrite of Tennessee's law regarding automatic firearms disability when orders of protection are issued

13) rewrite some of the TWRA's laws and regulations regarding permit holders possessing firearms during certain seasons (e.g., archery and blackpowder) and/or on certain state owned or leased properties

14) modify "handgun" to "firearms" or "weapons" permit

15) modify Tennessee's handgun laws so that a valid permit satisfies federal Brady law requirements

16) reduce Tennessee's handgun permit fees to something below the average of other southern states

17) make the permit database confidential

18) make the hunter license databases confidential

19) block efforts to pass "one gun a month', "tagged bullets" and other 2nd Amendment offensive agendas

20) restore the presumptions that once existed to Tennessee's self-defense laws prior to the amendments in 2007 to the castle doctrine

These are just some of the areas where Republicans have voiced support in the past. Now let us see how much support we get when they are actually in power!

[SomeGuy]

On 2, why only in the car?

On 9, why not simply remove their ability, period. State owned = we can carry, no exception. It would be much simpler than allowing them any process, and safeguard us as well.

[johnharris]

Both understood points but the list was prepared after years of conversations with Republicans on topics, and limits on those topics, where we have a chance. I don't think we will get full carry on school grounds (maybe colleges) nor do I think we can open all public buildings successfully.

[segregory]

John,

Please explain items 7 and 20 together. Also, please explain item 15.

Thanks,

Steve

[johnharris]

On item 15, federal law allows a person with a handgun or weapons permit to be exempt from the background check requirements if the permit satisfies certain specific conditions. Tennessee's does not and it should be an easy fix. The reason it has not been fixed is largely because it would probably reduce TBI's revenue from the TICS process and that it a "turf" issue.

On items 7 and 20, the 2007 changes to Tennessee's already existing castle doctrine were the result of individual(s) - including the NRA's then lobbyist - not understanding what existing TN law was and fully repealing it and substituting a law borrowed from another state that is worse that what we had in terms of how the legal presumption of justifiable force applied. Oddly enough, the prior NRA lobbyist understood this and worked with TFA to kill the exact same bill in the prior legislative session.

So, "one step forward" was the expansion of the doctrine, in theory, to include other locations such as cars, motels, tents, campers, etc. This was just an expansion of a presumption that says if someone "feloniously" comes into that area then the law would presume that there was imminent fear of death or serious bodily harm warranting the use of deadly force in self defense. It is a presumption that applies in a criminal proceeding and can be rebutted (overcome) by the actual facts.

Two steps back? Many instances where we took two steps back including the elimination of some circumstances under which the doctrine would apply. One of these changes was a condition that the person relying on deadly force was not engaged in any illegal activity at the time. Note, the change is not "engaged in violent criminal activity" but "any" illegal activity. Thus, someone who is carjacked but who has expired tags, no insurance, an expired license or even going the wrong way on a one way street would be deprived of the presumption. These collateral circumstances have clearly nothing to do with the basic proposition of whether deadly force is warranted.

Here is a copy of the more detailed analysis that was prepared for the NRA's lobbyist in 2007 which was apparently ignored:

http://www.tennesseefirearms.com/downlo ... sb0011.pdf

[AccurateOne]

What are the chances of #1 being passed this year. I think GA passed this last year and I do not recall a surge in restaurant shootings so far. Will the TN House look at these stats to make a decision.

AccurateOne

[johnharris]

Issue #1, restaurant carry, has passed in the Tennessee Senate for each of the last few years. It had the votes in the House of Representatives to pass in each of those years except for the fact that Speaker Jimmy Naifeh abused his authority and the House's committee system to intentionally kill the bill. If we assume with a Republican majority that Jimmy Naifeh will not be the Speaker of the House, then there is probably a 98% chance of passage of bills concerning restaurant carry, parks, parking storage on school grounds, confidentiality of permit records and a few others. Of course that is just my hope and belief if what the Republicans and many Democrats have told me about their willingness to do on these issues in the past remains their intent come 2009

[wizardpc]

All I want for Christmas is civil liablity for posted properties.

[johnharris]

That could be one of the most difficult to attain because it implicates not only property owners (including governments) but also the insurance lobby.

[SomeGuy]

That could be one of the most difficult to attain because it implicates not only property owners (including governments) but also the insurance lobby.

What if liability was removed if they allowed carry?

[redbarron06]

Ability of National Guard members (that have permits) to have firearms in vechicles while on National Guard instilations. Currently many member of the National Guard travel more than 200 miles to participate in monthly training. The natinonal guard pays for them to stay in hotels (some hotels are better and in better areas than other) Yet on Sunday morning when they check out they have to park outside the gate of the facility because they brought a pistol with them for the over night or 2 night trip. If you look at the facility in Smyrna for example (not properly posted) allows gun instructors to teach the classes on the base at the base range and at the same time if a member of the National Guard who works at the facility has a gun in his car he can get fired if he gets caught.

[johnharris]

I do not think that the National Guard issue is one that we can fix in the State legislature.

[ProguninTN]

On #14, are you suggesting that the permit be valid for long guns or additional weapons ? (ie eliminating the need for separate certification cards for chemical, impact, or electric stun weapons) (Not that I oppose that, I'm just trying to understand what you're getting at.)

[johnharris]

My preference would be all weapons capable of defensive use. If the state is issuing permits to carry a "deadly weapon" why limit it to only deadly weapons? Why not include knives, batons (for which there is already a permitting process), etc?

On longarms, let me just say I have handled criminal cases where the individual had a permit, had been to the gun range, had unfortunately left ammo in a rifle (deer hunting style) on the return home, was stopped and charged with illegal possession of a loaded weapon (the rifle) although the loaded pistol on his side was no problem. That is just wrong....

[redbarron06]

I found this on another forum. I dont know if we would have a chance to get it passed in Tennessee or how many folks it would effect but I know that at least a couple of firearm manufactures may bennifit by selling more guns localy.

http://data.opi.mt.gov/bills/2009/billhtml/HB0246.htm

To sum it up it basicly sais that if the firearm is made in state, sold in state, and as long as it remians in state, then the state reserves its rights under the 10th ammendant and the federal laws do not apply to that firearm. Because it is not going between states it does not fall under federal commerce laws.

[redbarron06]

Great interview on Ralph Bristol's show this morning!

[tnroadrunner]

I agree it was great.

[johnharris]

Thanks. Now I need to try and get him to do it as a regular weekly update.

If you think appropriate, any emails to his show supporting a regular weekly spot would help.

[redbarron06]

I will shoot an email out to him today.

[danieldennis]

#19 - "tagged bullets" - Just curious what the details are on this one.