March 10, 2010 is “Gun Day” in the Tennessee House

2009 was one of the most dramatic years that Tennessee’s firearms owners have seen since the era from 1994 through 1997 when Tennessee overhauled its handgun permit laws.  In 2009, Tennessee’s firearms owners were able to help push through their longstanding demands for the repeal of various laws which prohibited possession by handgun permit holders in places that serve alcohol, in some parks, and many other important but less publicized changes.

In November 2009, a Chancellor in Davidson County ruled that the 2009 creation of an exception to the alcohol statute for permit holders - which was historic - and the swift and certain override of a governor’s veto was nonetheless ineffective as an unconstitutional law because of its “vagueness”.  This was perceived as a major victor by those who generally oppose gun rights.

Our supporters in the General Assembly are ready to respond to the Chancellor, the Governor and those who brought on this litigation with a new law that is designed to overcome the vagueness and establish that it is the General Assembly which sets the public policy - within constitutional limits - for the state of Tennessee. 

However, there are several versions of the bill pending.  It is critical that we pass the cleanest, shortest, simpliest, bill possible to minimize the potential of yet another Chancellor defeating the work. 

Perhaps the best bill - and at present TFA’s choice - for fixing the problem is HB2694 by Dennis (SB3735 by Bunch) which simply repeals the existing law (39-17-1305) which prohibits possession of firearms in places where alcohol or beer is served.  No ambiguity there since the law is gone!  Now, that does not mean that these places would be open to anyone.  Three existing and longstanding laws would still apply: 

  (1) 39-17-1307 which prohibits carry in public without a permit would make it illegal to carry in any such location just as it is illegal to carry in Cracker Barrell without a permit;

  (2) 39-17-1321 would still prohibit possession of the handgun if the person is under the influence of alcohol or any controlled substance; and

  (3) 39-17-1359 would still allow these places to post the property gun free.

In essence, the places that serve would not longer be uniquely covered under a separate statute but would be covered under the same statutory scheme as applies to all other businesses and property interests. 

A second alternative would be a bill (or amendment) something along the lines of a simple exemption under the existing alcohol statute (39-17-1305) - something like “persons carrying pursuant to TCA 39-17-1351”. There is nothing to interpret at that point.

Third choice - do we pass something less acceptable (subject to court attack) or sit back and try again in 2011?

In order to pass something it is imperative that we call our legislators - email them and write them. Don’t wait for someone else to do it - you must get involved and help.  If these legislators do not hear from us on our preferences they may well pick the alternative that is less likely to trigger news media mischaracterization.

Look up your House and Senate members and call them today, tomorrow and every day until this passes.  Tell them to support HB2694 by Dennis (SB3735 by Bunch) and ask them to CONFIRM that they will or tell you why the do not so that we can deal with their concerns.  Report you activities and their responses back to the TFA Forum.

————————————————————————————————————————

Criminal Practices Subcommitee of the House Judiciary - Gun Bill Day March 10, 2010

It is my understanding that most of the firearms bills are being set on a special calendar on March 10, 2010.  That is significant and if you can be in Nashville that day for that hearing - be here!!  It is also important to note that the subcommittee has announced it is closing on March 17 so it is important that the firearms bills which we support get a big push over the next 2 weeks which means - calls, letters, emails, etc.

The commitee’s web site  has the names, addresses and email address of each member.  Focus now on both the full Judiciary as well as the Criminal Practices Subcommittee.  As a general rule, there are 2 members of the subcommittee (Camper and Sontany) who will vote against these bills and with only 6 members that leaves very little margin for us to work in. 

Contact and call them ALL - even if you are not in their district.  If they ask the “district” question, respond that your representative does in fact serve on the committee or that your representative does not and that you are contacting the committee directly since your representative does not get to vote on whether this bill gets to the floor for a full representative vote - be insistent if you have to that they record your preference.  All committee members need to hear from you.

————————————————————————————————————————

This is a list of the bills which have had activity in February. 

SB 0565
HB 0414*
CRIMINAL LAW: Inmate relations coordinators to carry firearms. Authorizes vested inmate relations coordinators to carry firearms to same extent as correctional officers.
Oversight Corrections Committee comment: Oversight Corrections Committee 03/16/2009 adopted and released to full committee with additional remark that this bill is anticipated to have a minimal impact on corrections because there is no change in current law which grants the commissioner of correction the authority to restrict these individuals from carrying firearms on prison property in accordance with current department of correction policy.
TCA Secs. 39-17-1300; 39-17-1350

Senate Status: Senate Judiciary 02/23/2010 recommended. Sent to Calendar Committee.
House Status: House passed 04/06/2009.
Other Status: Oversight Corrections Committee 03/16/2009 reviewed, comment adopted and released to full committee.

SB 0576*
HB 1807
CRIMINAL LAW: Handgun permit holders to carry guns where alcohol served. Allows any individual who has a permit to carry a handgun to carry the gun into a location where alcohol is served for consumption on premises provided the individual is not consuming alcohol or is not otherwise prohibited by posting provisions.
TCA Secs. 39-17-1300; 39-17-1305

Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009.
House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/10/2010.

SB 0637
HB 0675*
CAMPAIGNS & LOBBYING: Child support obligations and voting privileges. Removes requirement that a person be current in all child support obligations to retain the right to vote.
TCA Secs. 40-29-0200; 40-29-0202

Senate Status: Referred to Senate State & Local Government.
House Status: House sponsor changed from Turner L. to Turner J. on 02/11/2010.

SB 0723*
HB 1645
EDUCATION: School district police force for Memphis City schools. Allows the Memphis City School System to establish and operate a school district police force.

Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to 02/24/2010.

SB 0724
HB 0517*
CRIMINAL LAW: Requires expunction of certain criminal records. Requires expunction of criminal records when 15 years has elapsed and the individual has not committed any major crime since and when the original crime was not a Class A or Class B felony or certain Class C felonies such as sexual offenses.
Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that ban offender’s history of criminal convictions is a crucial part of Tennessee’s sentencing structure, and allowing offenders to expunge those records will deprive the courts of the opportunity to fulfill their statutorily-mandated obligation to consider those convictions when sentencing an offender who commits a subsequent offense. The Council also stated that data regarding criminal convictions is often purchased by third parties who may then transfer the data to other persons/entities, and it will be impossible for state agencies to retrieve this data for removal/destruction. Finally, the Council observed that the sponsor may wish to consider amending the existing statutory language which requires the removal and destruction of “all public records of a person.” This language should be narrowed to include only the records of the offense at issue. As written, the language could be interpreted as requiring the destruction of records for other criminal offenses, as well as “public records” such as birth certificates and driver licenses.
TCA Secs. 40-32-0000; 40-32-0101

Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee 02/17/2010.
Other Status: Tennessee Judicial Council reviewed 03/26/2009 with comment.

SB 0842
HB 0770*
CRIMINAL LAW: Handgun permit holder allowed to carry gun while bowhunting. Allows a person with a handgun carry permit to carry a handgun while hunting big game with a bow and arrow during the archery-only deer season.
Amendment: House amendment 1 changes effective date to July 1, 2010.
TCA Secs. 39-00-0000; 70-04-0123

Senate Status: Senate passed 02/24/2010.
House Status: House 02/22/2010 passed with amendment 1, which changes effective date to July 1, 2010.

SB 1615*
HB 1801
CRIMINAL LAW: Handgun carry permits. Provides that “handgun carry permit” may be used interchangeably with “weapon carry permit” where applicable in existing Tennessee law concerning carry permits.
TCA Secs. 39-17-1300; 39-17-1351

Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/10/2010.

SB 1619*
HB 1805
CRIMINAL LAW: Carrying a firearm in any public park. Excludes holder of handgun carry permit from prohibition against carrying a firearm in any public park, playground, civic center, or other public recreational area or facility.
TCA Secs. 39-17-1300; 39-17-1311; 39-17-1359

Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009.
House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/10/2010.

SB 1620*
HB 1808
CRIMINAL LAW: Gun permit holder change of address. Extends the time that a permit holder has to notify the department of safety that the permit holder’s address has changed from 60 days to 90 days.
TCA Secs. 39-17-0000; 39-17-1357

Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/10/2010.

SB 1621*
HB 1809
CRIMINAL LAW: Rules concerning weapons subject to review. Specifies that the rules concerning weapons are to be subject to review by the house and senate government operations committees.
TCA Secs. 39-17-1300; 39-17-1355

Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/10/2010.

SB 1622*
HB 1806
CRIMINAL LAW: Carrying handgun on school grounds with permit - in vehicle. Authorizes a non-student adult who has a handgun carry permit to carry a firearm if the firearm is contained within a private vehicle and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property.
TCA Secs. 39-17-1300; 39-17-1309

Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/10/2010.

SB 1648
HB 0725*
ENVIRONMENT & NATURE: Hunting or taking of animals by use of bait. Clarifies that hunting or taking animals by use of bait shall not be prohibited unless the bait is visible at the time and location of such hunt or taking.
TCA Secs. 70-04-0100; 70-04-0113

Senate Status: Taken off notice in Senate Environment, Conservation & Tourism 04/21/2009.
House Status: House Wildlife Subcommittee deferred to 03/02/2010.

SB 1744
HB 1129*
CRIMINAL LAW: Crime Free School Zone Act. Enacts the “Crime Free School Zone Act.” Provides increased criminal penalties for specified offenses occurring on school grounds or within 1000 feet of a school, public library, recreational center or park. Offenses include drug and sexual offenses, felonies involving deadly weapons and carjacking.
TCA Secs. 39-00-0000; 39-17-0432; 40-00-0000; 40-35-0100; 49-00-0000

Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/03/2010.

SB 2334
HB 2376*
CRIMINAL LAW: Disposition of confiscated weapons. Deletes requirement that weapon declared contraband is to be destroyed if not sold at public sale or used for legitimate law enforcement purposes. Requires the proceeds from the sale of confiscated weapons to go into the county or municipal general fund and to be allocated solely for law enforcement purposes.
Amendment: House amendment 1 allows the chief of police, sheriff, commissioner of safety or the director of the TBI to determine those weapons that are inoperable and can certify to court those weapons that are inoperable and can be destroyed. Senate amendment 2 specifies that the funds collected pursuant to this bill will go to the general fund and will not be earmarked for law enforcement purposes.
Conference Committee: Conference Committee Report on HB 2376/SB 2334 recommends that Senate amendment 2 be deleted and that House amendment 1 be adopted.
TCA Sec. 39-17-1317

Senate Status: Senate 02/17/2010 adopted conference committee report.
House Status: House 06/18/2009 adopted conference committee report.
Other Status: Sent to the speakers for signatures 02/17/2010.

SB 2390*
HB 2567
CRIMINAL LAW: Exception to unlawful gun possession for certain motorists. Allows individuals without handgun carry permits to transport rifle or shotgun in privately-owned motor vehicle provided there is no ammunition in the chamber or cylinder and no loaded clip or magazine in the weapon or in close proximity to the weapon.
Amendment: Senate amendment 1 limits the exception that this bill would add to persons who do not have a handgun carry permit, who are transporting an unloaded shotgun or rifle in a privately-owned motor vehicle, and who have not been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, or been convicted of a felony drug offense.
TCA Secs. 39-17-1300; 39-17-1307; 39-17-1308

Senate Status: Senate 02/18/2010 passed with amendment 1.
House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/10/2010.

SB 2391*
HB 3240
CRIMINAL LAW: Limits governor’s authority during state of emergency. Removes the authority of the governor to commandeer or limit the sale or transportation of firearms, ammunition, or firearm or ammunition components during a state of emergency, major disaster, or natural disaster.
TCA Secs. 58-02-0100; 58-02-0107

Senate Status: Senate Judiciary 02/23/2010 recommended. Sent to Calendar Committee.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 2518
HB 2539*
CRIMINAL LAW: Pardons - restoring of rights. Clarifies that a pardon for an offense restores a person’s civil and constitutional rights in the state.
TCA Secs. 08-00-0000; 22-00-0000; 36-00-0000; 38-00-0000; 39-00-0000; 40-00-0000; 40-27-0108; 57-00-0000

Senate Status: Referred to Senate Judiciary.
House Status: Failed in House Criminal Practice Subcommittee 02/17/2010.

SB 2519
HB 2540*
ENVIRONMENT & NATURE: Hunting and fishing on farmland. Owners of farmland whose names appear on deed to property and their children and grandchildren are exempted from hunting and fishing licensure requirements on such property.
TCA Sec. 70-02-0204

Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Withdrawn in House 02/11/2010.

SB 2528*
HB 2881
CRIMINAL LAW: Handgun carry permits: searchable database. Enables the department of safety to distribute materials related to handgun permits electronically and searchable by: law enforcement, child support enforcement, court orders, and certain written requests. Enables the department to display a list of revoked handgun permits.
TCA Secs. 10-07-0500; 10-07-0504; 39-17-1300

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 2538
HB 2558*
CRIMINAL LAW: Handgun permit renewal. Reduces the delay to 60 days for an applicant receiving a renewed handgun permit after applying for the handgun permit within six months from the handgun permit’s expiration date.
TCA Secs. 39-17-1300; 39-17-1351

Senate Status: Referred to Senate Judiciary.
House Status: Withdrawn in House 02/11/2010.

SB 2754*
HB 2832
CRIMINAL LAW: Vehicle transport of firearms without a permit. Establishes that a person without a handgun carry permit is allowed to transport a rifle or shotgun in a privately-owned motor vehicle as long as the firearm does not have ammunition in the chamber or cylinder and no clip or magazine containing ammunition is inserted in the firearm or in close proximity to the weapon.
TCA Secs. 39-17-1300; 39-17-1307

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 2757*
HB 2918
CRIMINAL LAW: Aggravating factors for purposes of imposing death sentence. Adds discrimination, drive-by-shooting, and witness intimidation to the list of statutory aggravating circumstances for imposing the death penalty or life imprisonment without the possibility of parole in first degree murder cases.
TCA Secs. 39-00-0000; 39-13-0204; 40-00-0000

Senate Status: Referred to Senate Judiciary.
House Status: House Finance Budget Subcommittee 02/24/2010 set behind budget.

SB 2770*
HB 3077
CRIMINAL LAW: Perjury: false statements not under oath and false evidence. Establishes that the following items are perjury if made during an official proceeding: a knowingly false statement not under oath but made during an official proceeding, or the intentional introduction or affirmation of false evidence. Classifies that perjury made by a licensed attorney is a Class E felony.
TCA Secs. 39-00-0000; 39-16-0702; 40-00-0000

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3008
HB 2762*
CRIMINAL LAW: Selling synthetic urine: crime and exemptions. Specifies that it is a Class C misdemeanor to sell synthetic urine, unless it is sold for education, medical, or scientific purposes and the seller provides documentation proving its purpose for each individual sale.
TCA Secs. 39-17-0400; 39-17-0437

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3009*
HB 3141
CRIMINAL LAW: Storage of firearm in vehicle by employee. Allows an employee with a handgun carry permit to possess a firearm in the employer’s parking lot as long as the vehicle is locked and the firearm is not visible from the outside of the vehicle. Prohibits an employer from discriminating against an employee for possessing a firearm in their vehicle.
TCA Sec. 39-17-1300

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3012*
HB 3125
CRIMINAL LAW: Possession of handgun in restaurants serving alcohol. Authorizes a person to carry a firearm in a restaurant licensed by the alcohol beverage commission as long as said person is not consuming alcohol, which would result in a Class A misdemeanor punishable by a minimum incarceration period of 72 hours and a minimum $500 fine. Allows businesses to post a notice of prohibition of firearms, specifying that violators with a handgun carry permit that consume alcohol in a prohibited area to be charged with a Class A misdemeanor with an incarceration period of not less than 48 hours, a fine not less than $500, and the revocation of the violator’s handgun carry permit. Requires the handgun safety courses to include a one-hour instruction on alcohol and drugs related to firearms.
TCA Secs. 39-17-1300; 39-17-1305; 39-17-1351; 39-17-1359; 57-03-0204; 57-04-0203

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3025*
HB 3220
TRANSPORTATION VEHICLES: ATVs to be allowed on certain highways. Prohibits all-terrain vehicles on a highway that is part of the interstate highway system and a highway having two lanes, except to cross such highway. Authorizes municipalities or counties to allow all-terrain vehicles on certain highways under such entity’s sole jurisdiction.
TCA Secs. 55-00-0000; 55-03-0101; 55-08-0000

Senate Status: Referred to Senate Transportation.
House Status: House Transportation Rural Roads Subcommittee deferred to summer study.

SB 3028
HB 3079*
TRANSPORTATION VEHICLES: Registration and operation of ATVs. Defines, for purposes of registration and operation on specified highways under certain conditions, “all-terrain vehicle” (ATV) as designed for travel over unimproved terrain and being 52 inches or less with at least one head light and tail light and an unladen weight of 800 pounds of less with three or more low pressure tires. Encourages state and local government agencies to make local parks, natural areas and forest areas available for use by all-terrain vehicles to the extent practicable and coordinate with counties and municipalities to make certain streets, roads or highways available for ATV use.
Amendment: House Government Operations Committee amendment 1 conforms to existing state definitions for ATVs. House Government Operations Committee amendment 2 changes effective date to January 1, 2011.
TCA Secs. 55-00-0000; 55-03-0101; 55-04-0000; 55-04-0202; 55-04-0203; 55-04-0209; 55-04-0210; 55-08-0000

Senate Status: Senate Transportation deferred to 03/09/2010.
House Status: House Government Operations 02/24/2010 recommended with amendments 1 and 2. Amendment 1 conforms to existing state definitions for ATVs. Amendment 2 changes effective date to January 1, 2011. Sent to House Transportation.

SB 3240
HB 2819*
ANIMALS & ANIMAL HUSBANDRY: Requires owners to restrain or confine dogs. Enacts the Destiny Knox Act. Requires an owner, keeper, or harborer of a dog to restrain the dog at all times on a leash or similar device when the dog is in such person’s immediate control. Specifies the dollar amount for each fine with regards to violation of this legislation.
TCA Sec. 44-08-0108

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Agriculture.

SB 3247
HB 3096*
JUDICIARY: AOC to develop form for dismissal of charges. Requires the administrative office of the courts to include a form on its web site for a person that was arrested under suspicion of a criminal offense but whose charge was dismissed under certain conditions. Specifies that it is the duty of the individual to request such a form.
TCA Secs. 40-00-0000; 40-32-0100

Senate Status: Referred to Senate Judiciary.
House Status: House Government Operations 02/23/2010 recommended. Sent to House Judiciary.

SB 3280*
CRIMINAL LAW: Exempts military from paying fee for handgun carry permit. Establishes that military personnel who have completed at least four hours of handgun training shall be exempt from the $115 application and processing fee for a handgun carry permit.
TCA Secs. 39-17-0000; 39-17-1351

Senate Status: Referred to Senate Judiciary.

SB 3307
HB 3273*
CRIMINAL LAW: Discharging a firearm into an unoccupied habitation. Classifies the intentional discharge of a firearm in an unoccupied habitation as a Class D felony and the intentional discharge of a firearm in an occupied habitation as a Class C felony.
TCA Secs. 39-00-0000; 39-13-0100

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3310
HB 3031*
CRIMINAL LAW: Justifiable use of force. Revises the castle doctrine to prohibit a person from criminal prosecution or civil action in the use of force which is justified. Directs the commissioner of commerce and insurance to determine whether there are impediments inhibiting insurance companies from underwriting coverage in the event of such justifiable use of force in the protection of person or property.
Amendment: House Judiciary Criminal Practice amendment 1 deletes section 1 of the bill, which would have given immunity for self-defense in criminal prosecutions and civil action.
TCA Secs. 39-11-0622; 56-00-0000; 56-01-0100

Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Committee deferred to last calendar of 2010.

SB 3376
HB 2421*
CRIMINAL LAW: Requirements regarding the purchase and sale of firearms. Requires the gun dealer to obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer’s copy of the firearm transaction record to be filed. Allows the gun dealer to destroy the form one year after the form’s completion. Requires the TBI to publish the firearms transaction thumbprint form and to furnish the form to gun dealers on application at cost.
TCA Secs. 39-17-1300; 39-17-1316

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3377
HB 2422*
CRIMINAL LAW: Regulations for the operation of a gun show. Defines “gun show”, “gun show dealer” and “gun show promoter”. Establishes a Class A misdemeanor for the following offenses: (1) for any person to organize, plan, promote, or operate a gun show unless that person notifies the TBI and the chief law enforcement officer in the county in which the gun show is to be held of the dates, times and location of such gun show; (2) for any person to organize, plan, promote, or operate a gun show unless that person verifies the identity of each gun show dealer through valid identification documents containing a photograph and a signed ledger with the dealer’s name and address, and a copy of such records are to be kept at the permanent place of business of the gun show promoter for one year from the date of the gun show; (3) for any person who is not licensed to transfer a firearm to another person to do so at a gun show or within 1000 feet of the property on which a gun show is being conducted.
TCA Secs. 39-17-0000; 39-17-1301; 39-17-1300

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3445
HB 3624*
CRIMINAL LAW: Juveniles - conduct involving a firearm. Allows the court to order that a child that is found delinquent based on conduct involving the use of a firearm be assigned a long-term mentor, receive counseling services from the department of children’s services, or be tried as an adult in certain circumstances involving a firearm. Broadly captioned.
TCA Secs. 37-00-0000; 37-01-0131; 37-01-0134; 39-00-0000; 40-00-0000

Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk’s desk.

SB 3714
HB 3712*
CRIMINAL LAW: Restaurant owners allowing handguns on property. Allows restaurant owners to post signage addressing the prohibition of alcohol consumption by a person carry a firearm and prevents the owners from being held liable for any damage from a person bringing a firearm on to the premises if a sign is posted.
TCA Sec. 39-17-1305

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3735
HB 2694*
CRIMINAL LAW: Repeals: prohibition of firearm combination with alcohol. Repeals the previous prohibition of possessing a firearm in a building where alcoholic beverages are served in public.
TCA Sec. 39-17-1305

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

NOTE:  IF WE ONLY CAN PASS ONE BILL THIS YEAR - THIS NEEDS TO BE IT!!!!!!!!

SB 3745
HB 3064*
MEDIA & PUBLISHING: Reproduction of handgun carry permit records. Limits reproduction of records for handgun carry permit applications and materials submitted in reference to the permit application. Excludes handgun carry permits that have been revoked.
TCA Sec. 10-07-0504

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3752
HB 2718*
CRIMINAL LAW: Handgun carry permits: certified copy of birth certificate. Specifies that the requirement of a certified copy of a birth certificate for the issuance or renewal of a handgun carry permit.
TCA Secs. 39-17-1300; 39-17-1351

Senate Status: Referred to Senate Judiciary.
House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/03/2010.

SB 3753
HB 2719*
CRIMINAL LAW: Handgun carry permits: carry handgun through greenways. Authorizes a person with a handgun carry permit to carry a handgun on a greenway that runs through a park, even if a municipality has voted to prohibit firearms in the same park.
TCA Sec. 39-17-1311

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3756
HB 2726*
CRIMINAL LAW: Handguns: allowed in college parking lot with carry permits. Establishes that persons with handgun carry permits may possess a handgun in their motor vehicle on a public college campus parking lot only if the handgun is stored out of sight and the vehicle is locked.
TCA Sec. 39-17-1309

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3760
HB 2716*
CRIMINAL LAW: Handgun carry permits: evidence of valid renewals. Allows a canceled check to become evidence of a valid handgun carry permit renewal after the permit has expired.
TCA Sec. 39-17-1351

Senate Status: Referred to Senate Judiciary.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.

SB 3772
HB 2720*
ALCOHOLIC BEVERAGES: Alcohol-serving establishment: firearm sign removal. Removes the requirement that signs must be posted informing patrons that firearms are prohibited in alcohol-serving establishments.
TCA Sec. 57-04-0203

Senate Status: Referred to Senate State & Local Government.
House Status: Referred to House Local Government Subcommittee.

HB 0032*
CRIMINAL LAW: Crime-Free School Zone Act. Enacts the “Crime-Free School Zone Act.” Enhances penalties and fines for violent and certain other crimes committed within 1000 feet of any school, public or private, child care agency, public library, recreation center or park.
TCA Secs. 39-00-0000; 39-17-0432; 40-00-0000; 40-35-0100; 49-00-0000

House Status: House Judiciary Criminal Practice Subcommittee deferred to 03/03/2010.

SJR 0030
ENVIRONMENT & NATURE: Constitutional amendment - right to hunt and fish. Proposes an election of the people for the purpose of determining whether Article XI, Section 13 of the Constitution of Tennessee should be amended to establish the right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law.

Senate Status: Senate 01/28/2010 adopted.
House Status: House Finance, Ways & Means 02/23/2010 recommended. Sent to House Calendar & Rules.

HJR 0149
ENVIRONMENT & NATURE: Constitutional amendment - right to hunt and fish. Adds provisions to the state constitution establishing the personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law.

House Status: Taken off notice in House Finance Budget Subcommittee 02/17/2010.

 

2009 Tennessee Laws Enacted

SB 0032 HB 0046*         (Full Text) Public Chapter (PDF)	Handgun information privacy. Prohibits department of safety or any department-approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. (S: Tracy; H: Evans) Senate Status:  Senate passed 04/09/2009. House Status: House passed 03/19/2009. Other Status: Enacted as Public Chapter 0101 (effective 04/27/2009).
SB 0201* HB 0587         (Full Text) Public Chapter (PDF)	Disposition of confiscated weapons. Allows director of judicial district drug task force to petition court for permission to dispose of confiscated weapons by public sale, destruction of weapons or by retaining weapon for legitimate law enforcement purposes. (S: Bunch; H: Coleman) Amendment:  Senate amendment 1 specifies that the proceeds from the sale shall go into the county or municipal general fund unless the weapon was confiscated by a judicial district drug task force in which case the funds are deposited for the benefit of the task force. Senate Status:  Senate 03/16/2009 passed with previously adopted amendment 1. House Status: House passed 04/20/2009. Other Status: Enacted as Public Chapter 0116 (effective 05/05/2009).
SB 0309* HB 1736         (Full Text) Public Chapter (PDF)	Montlake Classic Clays shooting range - right to operate. Authorizes Montlake Classic Clays shooting range in Hamilton County to continue operating as a shooting range at the same location where it has operated for over 30 years. Specifies that such right shall not be amended, restricted, or terminated due to zoning changes. (S: Berke; H: Fincher) Amendment:  Senate amendment 4 details the specific parameters of the shooting range and the property on which it is located. House amendment 1 prohibits any sport shooting range that is open to the public and was in continuous operation for at least 30 years immediately preceding December 16, 2008, from being amended, restricted, or terminated due to any land use planning or zoning applicable to the shooting range’s location under certain conditions involving distance from adjoining boundary lines or road extensions. Senate Status:  Senate 05/18/2009 concurred in House amendment 1. House Status: House 05/14/2009 passed with amendment 1. Other Status: Enacted as Public Chapter 0227 (effective 05/19/2009).
SB 0383 HB 0411*         (Full Text) Public Chapter (PDF)	Selling of firearms to certain persons prohibited. Creates Class A misdemeanor offense of attempting to purchase a firearm when prohibited by law from possessing a firearm. Also creates Class A misdemeanor offense of selling a firearm to a person known to be prohibited by law from possessing a firearm. (S: Barnes; H: Pitts) Amendment:  House amendment 1 renames the bill “Coach Willard Ross Act of 2009.” Senate Status:  Senate passed 04/30/2009. House Status: House 03/23/2009 passed with amendment 1. Other Status: Enacted as Public Chapter 0195 (effective 07/01/2009).
SB 0474 HB 0070*         (Full Text) Public Chapter (PDF)	Protection of property. Removes prohibition against using deadly force in protection of property. Specifies that there is an exemption from provisions allowing the use of deadly force against a person lawfully allowed to be in a business as there is for a dwelling, residence or occupied vehicle. (S: Berke; H: Fincher) Amendment:  House amendment 1 deletes section one of the printed bill and authorizes a person to use deadly force unless the person is not justified in using deadly force to prevent or terminate another person’s trespass on real estate or unlawful interference with personal property. Senate Status:  Senate passed 04/30/2009. House Status: House 03/19/2009 passed with amendment 1. Other Status: Enacted as Public Chapter 0194 (effective 07/01/2009).
SB 0539 HB 0351*         (Full Text) Public Chapter (PDF)	Assault on law enforcement officer. Creates Class E and D felony offenses of assault on law enforcement officer. Also creates Class B felony offense of aggravated assault on law enforcement officer. (S: Ketron; H: Hackworth) Amendment:  House amendment 1 rewrites the bill. Increases the maximum fine to $5,000 for assault and to $15,000 for aggravated assault if the victim is a law enforcement officer. Senate Status:  Senate passed 06/02/2009. House Status: House 05/21/2009 passed with previously adopted amendment 1. Other Status: Enacted as Public Chapter 0412 (effective 07/01/2009).
SB 0554 HB 0254*         (Full Text) Public Chapter (PDF)	Purchasers of firearms not required to produce thumbprint. Removes requirement that a gun dealer must obtain a thumbprint from a purchaser and deletes provision whereby the TBI must provide firearms transaction thumbprint forms. (S: Norris; H: Casada) House Co-Sponsors: Fincher; Moore; Evans; Montgomery; Sargent; Todd; Bell; Hensley; Rich; Hill; Campfield; Williams K.; Watson E.; Dean; Faulkner; Swafford; McCormick; McDaniel; Harrison; Eldridge; Johnson C. Amendment:  Senate amendment 1 revises the present law requirement that a gun dealer request that the TBI conduct a criminal history record check to clarify that the request would be made “by means designated by the TBI” instead of “by telephone”. Senate Status:  Senate 04/09/2009 passed with amendment 1. House Status: House 04/20/2009 concurred in Senate amendment. Other Status: Enacted as Public Chapter 0102 (effective 07/01/2009).
SB 0578 HB 0390*         (Full Text) Public Chapter (PDF)	Loaded guns in vehicles. Allows a person with a handgun carry permit to possess a loaded rifle or loaded shotgun in a motor vehicle. (S: Jackson; H: Fincher) Amendment:  Senate amendment 3 specifies that the handgun permit holder could carry only in a privately owned vehicle. Provides that the weapon cannot have ammunition in the chamber except in the case that an individual permit holder feels physically threatened. Senate Status:  Senate 05/18/2009 passed with amendment 3. House Status: House 05/26/2009 concurred in Senate amendment 3. Other Status: Enacted as Public Chapter 0431 (effective 06/12/2009).
SB 0630* HB 1424         (Full Text) Public Chapter (PDF)	Restrictions on elk hunting. Clarifies that special elk-take permits are only valid in the eastern grand division of the state. (S: Southerland; H: Lollar) Amendment:  Senate amendment 1 makes the bill. Prohibits any nonprofit wildlife conservation organization that sells or transfers an elk-take permit from using more than 20 percent of the proceeds to administer such sale or transfer. Currently the cap is set at ten percent. Authorizes the commission to promulgate rules and regulations to implement the special elk-take permit program. House amendment 1 makes the bill. Prohibits any nonprofit wildlife conservation organization that sells or transfers an elk-take permit from using more than 20 percent of the proceeds to administer such sale or transfer. Currently the cap is set at ten percent. Senate Status:  Senate 04/13/2009 passed with amendment 1. House Status: House 04/23/2009 concurred in Senate amendment 1. Other Status: Enacted as Public Chapter 0182 (effective 05/07/2009).
SB 0840* HB 1370         (Full Text) Public Chapter (PDF)	TWRA - recovery of lead deposited after firearm discharge. Makes TWRA the exclusive agency to participate in the mining or recovery of any lead deposited as the result of the discharge of a firearm on state property which has been leased to a private entity for the operation of a gun club. Specifies that the state’s share of any profits from such reclamation are to be earmarked to construct a building or pavilion at the Montgomery County shooting complex to serve and benefit the state championship for scholastic clay target programs. (S: Jackson; H: Lollar) Amendment:  Senate amendment 1 specifies that the agency is not required to recover lead from such sites but can if it chooses to do so. Senate Status:  Senate passed with amendment 1 03/05/2009. House Status: House passed 05/11/2009. Other Status: Enacted as Public Chapter 0244 (effective 05/20/2009).
SB 0850* HB 1552         (Full Text) Public Chapter (PDF)	Universal mental health testing of juveniles. Places restrictions on universal mental health testing, or psychiatric or socioemotional screening of juveniles. Requires certain consent by a juvenile’s parent, guardian, legal custodian, or caregiver before such testing can occur. (S: Black; H: Harwell) Senate Co-Sponsors: Burks; Gresham; Beavers; Ketron; Crowe; McNally; Burchett; Tracy; Ramsey R.; Yager Senate Status:  Senate passed 03/23/2009. House Status: House passed 04/20/2009. Other Status: Enacted as Public Chapter 0127 (effective 07/01/2009).
SB 0976 HB 0716*         (Full Text) Public Chapter (PDF)	Handgun carry permit holders can carry guns in state parks. Permits a resident who has a valid handgun carry permit to possess a handgun while within the boundaries of any state park. (S: Beavers; H: Niceley) Amendment:  House amendment 1 directs department not to change signage unless as part of normal repairs due to damage or as part of a scheduled sign replacement. Senate amendment 2 makes the bill. Allows handgun carry permit holders to possess handguns in parks and other similar public places owned and operated by the state, county, or city. Allows local governments to elect to prohibit gun carry permit holders from possessing handguns in local parks. Requires approval by a majority vote of the local legislative body. Requires the prohibition to apply to entire parks. States that the department does not have to replace or change any existing signs that prohibit firearms or erect any new signs. Allows the department to replace or repair signs that have been damaged or are scheduled for replacement in accordance with the park’s regular replacement schedule. Changes the effective date of the bill to September 1, 2009 for the purposes of cities and counties prohibiting possession in parks. Changes the majority vote provision to a majority resolution of the governing body. Senate amendment 3 removes wildlife management areas from the provisions of the bill. Senate Status:  Senate 05/18/2009 passed with amendments 2 and 3. House Status: House 06/11/2009 made contingency request to recall from the governor’s desk. Other Status: Enacted as Public Chapter 0428 (effective 09/01/2009).
SB 1127 HB 0962*         (Full Text) Public Chapter (PDF)	Carrying guns in restaurants. Authorizes any individual with a handgun carry permit to carry a firearm into a restaurant that serves alcoholic beverages as long as such individual is not consuming alcoholic beverages and such restaurant is not an age-restricted venue, defined in current code as an establishment that restricts admission to persons who are age 21 years or older by checking patrons’ identifications. (S: Jackson; H: Todd) Senate Co-Sponsor: Norris Amendment:  House amendment 1 rewrites the bill. Authorizes any individual with a handgun carry permit to carry a firearm into a restaurant that serves alcoholic beverages as long as such individual is not consuming alcoholic beverages. Prohibits such carrying between the hours of 11:00 p.m. and 5:00 a.m. and at such times that the restaurant is age-restricted. Defines age-restricted for purposes of this amendment as a restaurant that affirmatively restricts access to persons 18 or older by checking patrons’ identifications. Removes reference in original bill referring to the bill being subject to provisions of TCA 9-17-1359, permitting a property owner to post notices on such property prohibiting firearms. Senate amendment 1 removes the provisions of House amendment and thus reinstates the provisions of the original bill. This amendment also revises the original bill to remove the requirement that the restaurant not be an age-restricted venue in order for a person who has a handgun carry permit and otherwise complies with the bill to carry a handgun into the restaurant. Changes the effective date from “upon becoming law” to June 1, 2009. Conference Committee: Conference Committee report on HB 962/SB 1127 removes the provisions of House amendment 1 and thus reinstates the provisions of the original bill. Revises the original bill to remove the requirement that the restaurant not be an age-restricted venue in order for a person who has a handgun carry permit and otherwise complies with the bill to carry a handgun into the restaurant. Changes the effective date from “upon becoming law” to June 1, 2009. Senate Status:  Senate 06/04/2009 passed motion to override governor’s veto. House Status: House 06/03/2009 passed motion to override governor’s veto. Other Status: Enacted as Public Chapter 0339 (effective 07/14/2009).
SB 1610* HB 1796         (Full Text) Public Chapter (PDF)	Tennessee Firearms Freedom Act. Enacts the “Tennessee Firearms Freedom Act.” Assumes that when a firearm and all of its essential parts are not manufactured in other states and shipped to Tennessee for assembly, that firearm and any others similarly assembled entirely within the state, are not subject to federal authority to regulate firearms under interstate commerce. Narrows the definition for firearm to preclude anything that cannot be carried and used by one person, a firearm that has a bore diameter greater than one and half inches, a firearm that uses ammunition with a projectile that explodes or has a chemical explosive element, or a firearm that discharges two or more projectiles with one activation of the trigger. (S: Beavers; H: Fincher) House Co-Sponsor: West Senate Status:  Senate passed 06/03/2009. House Status: House passed 05/28/2009. Other Status: Enacted as Public Chapter 0435 (effective 06/19/2009).
SB 1698 HB 0925*         (Full Text) Public Chapter (PDF)	Prohibits social security number on application for permit. Prohibits department of safety from requiring handgun carry permit applicant to provide social security number on application for permit or on certificate of completion of handgun safety course. Also prohibits course instructor from withholding proof of completion based solely on the fact the applicant did not disclose social security number. (S: Southerland; H: Hawk) Amendment:  House amendment 1 eliminates the portion of the bill that would have removed the requirement to provide social security numbers on applications for permits. Senate Status:  Senate passed 05/28/2009. House Status: House 05/26/2009 passed with amendment 1. Other Status: Enacted as Public Chapter 0433 (effective 06/11/2009).
SB 1992 HB 1778*         (Full Text) Public Chapter (PDF)	Lawfully possessed firearms during martial rule. Prohibits any public official from confiscating lawfully possessed firearms and ammunition during any such period of martial rule. (S: Johnson J.; H: Casada) Senate Status:  Senate passed 05/07/2009. House Status: House passed 04/20/2009. Other Status: Enacted as Public Chapter 0288 (effective 05/21/2009).

 

Tennessee Passes Firearms Freedom Act

Senator Mae Beavers and Senate Pass TN Firearms Freedom Act: Tells Federal Government to “Get Out of Our Business”

NASHVILLE, TN – The State Senate approved legislation today that seeks to combat the destruction of the 10th Amendment of the Constitution by the Federal government in their attempt to infringe upon states’ rights. Senate Bill 1610, known as the “Tennessee Firearms Freedom Act,” sponsored by Senator Beavers, takes a step in the right direction to restore to the states control of intra-state commerce and the regulation of firearms manufactured and sold within Tennessee. 

“Be it the federal government mandating changes in order for states to receive federal funds or the federal government telling us how to regulate commerce contained completely within this state – enough is enough,” urged Judiciary Chairman Mae Beavers.  “Our founders fought too hard to ensure states’ sovereignty and I am sick and tired of activist federal officials and judges sticking their noses where they don’t belong.”

The Tennessee Firearms Freedom Act asserts that if a firearm and/or ammunition is made totally within the state of Tennessee, and stamped “Made in Tennessee”, then the federal government has no jurisdiction over that item in any fashion so long as it remains in state and outside of interstate commerce.  All state regulations applying to the possession of firearms in Tennessee would still be applicable and must be complied with. This legislation is being proposed to prevent a federal attempt to legislate beyond the Constitutional limits of Congress.

The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government, and also that which is absolutely necessary to advancing those powers specifically enumerated in the Constitution of the United States.  The amendment was adopted after the Constitutional ratification process to emphasize the fact that the states remained individual and unique sovereignties.  Unfortunately, some courts’ interpretation of Congress’ power implied by the commerce clause has been misconstrued to suggest it’s unlimited application to state regulation. An effort by the federal government to regulate intrastate commerce under the guise of powers implied by the interstate commerce clause could only result in an encroachment of the state’s power to regulate commerce within its borders.  This bill is similar to one signed into law in Montana, and is currently pending passage in at least 30 other states.

The State House of Representatives passed the companion bill (HB 1796 by Ben West and Henry Fincher) last week and the bill will now head to the governor’s office where he will have to choose whether to side with the 87 Representatives and 21 Senators who voted in favor of the bill.

Legislature overrides Veto on Restaurant Bill

One of the significant legislative issues that TFA has pursued for the last 15 years has been the repeal of existing restrictions on handgun permit holders.  This has taken many formats because of the number of existing restrictions under Tennessee law.  One of these restrictions has been a provision that prohibited a handgun permit holder from being in possession of their firearm in a restaurant that serves beer and/or other alcoholic beverages.

For several years, the Tennessee Senate has passed legislation which would have removed that restriction as it did in 2009.  This year, with the changes primarily in the leadership of the House of Representatives, that change was also approved overwhelmingly by the Tennessee House. 

That change in the law (passed under House Bill 0962) was vetoed by Governor Bredesen on May 28, 2009, despite huge margins in the Legislature.  Significantly, the Governor’s office had not lobbied the bill during the past 4 years.  It had not taken a position on the bill or suggested language that the Governor would accept.  Instead, the Governor, with the support of many appointed law enforcement officers, merely stood and said that “guns and alcohol” do not mix.  Apparently, he was just did not understand what the Legislature had done which agreed with that premise nor the effect of this law.

Within 24 hours, efforts were underway to institute the first veto override of Governor Bredesen’s two terms in office.  When the bill came back to the House on June 3, 2009, the veto override had 3 more votes than the original vote in favor of the legislation. 

When the bill came back to the Senate floor on June 4, 2009, history was about to be made.  There was minimal informed debate against the bill with the opposition largely limited to unfounded apprehensions similar to the “Chick Little” prophecies” set forth by the Tennessee Chiefs of Police Association, some sheriffs, some district attorneys and most of Tennessee’s newspaper editorials.

Senator Jackson made an extended presentation on HB0962 on the Senate floor. Its a must watch. It starts at about 48 minutes into the video clip.

Override vote in the Senate was 21 to 9 (3 were absent).

Senator Jackson talked for 30+ minutes.  He refuted many lies from opponents and the news media.  One issue in particular is the often heard “all” law enforcement opposes this as we have heard from Rep. Jimmy Naifeh and Governor Bredesen.  Well, not true. 

Senator Jackson stated he talked to all sheriffs in his district and several chiefs.  He read letters from sheriffs in his district supporting this bill.  He read a letter from a chief of police in his district who told some of the “inside” story on what happened with the Tennessee Chiefs of Police Association regarding the Governor’s veto and how some of the chiefs refused to go to the ceremony!!!

Effective date, according to Senator Jackson is July 14, 2009 which is 40 days from today.

This is a major victory for Tennesseans, our Constitution and the 2nd Amendment.  However, its just the beginning.  We have other issues on the horizon such as parks, longarms, school grounds, “class legislation”, etc.,  This is not the end, its the beginning of an era when 2nd Amendment legislation will not be constrained by political abuse such as we have seen by Jimmy Naifeh in the past.  Its an opportunity to move forward and improve the laws in Tennessee. However, to do this, we need to grow our network.  We need to grow our grassroots support.  We need to open new chapters in parts of the state, such as Jackson and Cookeville areas, to build our relations with legislators, law enforcement and yes, even future governors.  We need to have a presence with news media.  We need to come together as gun owners and be an stronger and more effective participant in the grassroots efforts that has brought us here today to CELEBRATE!

10th Amendment / 2nd Amendment bills approved by House Judiciary

An important bill to watch is HB1796 by Representatives West and Fincher (both TFA members).  On May 6, 2009, this bill passed the House Judiciary unanimously.  Rep. West is still recovering from a heart attack and Rep. Henry Fincher handled the presentation on the bill.

This is a 10th Amendment bill and perhaps the 1st to make it to the full floor this year!  Its important not only for 2nd Amendment issues but 10th Amendment as well and should be well received conceptually by the Tea Party movement.

This bill states that federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. This bill states that firearms accessories imported into Tennessee that are subject to federal regulation do not subject a firearm to federal regulation under interstate commerce simply because they are
attached to or used in conjunction with a firearm in Tennessee.

This bill followed on the heels of the passage of a similar law in Montana recently.

→ More News...