Bills you may want to watch. - Discussion

[Fallguy]

HB0004/SB0180 Handgun Permits - As introduced, provides that person exempt from classroom and firing range training requirement by reason of prior military experience is also exempt from payment of $115 application and processing fee.

HB0045 Handgun Permits - As introduced, clarifies that an applicant for a handgun carry permit is not required to furnish any identifying information concerning any handgun the applicant owns or possesses in order to apply for and be issued a permit.

HB0046/SB0032 Handgun Permits - As introduced, 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.

HB0053 Handgun Permits - As introduced, makes information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicant, and records maintained relative to the permit application confidential and creates Class E felony of unauthorized publication of permit information or records.

HB0070/SB0474 Criminal Procedure - As introduced, deletes subsection in self-defense law providing that a person not justified in use of deadly force to prevent or terminate trespass on real property or unlawful interference with personal property.

HB0082/SB0019 Firearms and Ammunition - As introduced, authorizes current and retired judges who possess a handgun carry permit to carry a firearm under same circumstances and conditions as law enforcement officers and correctional officers.

HB0112/SB0040 Firearms and Ammunition - As introduced, authorizes the carrying of handguns by persons with a handgun carry permit on public hunting areas and wildlife management areas; subjects such persons to all wildlife laws, rules, and regulations.

HB0221/SB0172 Handgun Permits - As introduced, makes information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicant, and records maintained relative to the permit application confidential and creates Class A fine only misdemeanor of unauthorized publication of permit information or records.

HB0233/SB0575 Handgun Permits - As introduced, allows person who has handgun carry permit and is not consuming alcohol to possess handgun in any restaurant that derives more than 60 percent of its revenue from the sale of food and allows transient or guest to carry in confines of a hotel except in area where alcohol being served.

HB0254/SB0554 Firearms and Ammunition - As introduced, deletes requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers.

HB0266/SB0190 Criminal Procedure - As introduced, adds omitted languge from provision allowing law of self-defense to apply to a person's business as well as the dwelling, residence, and occupied vehicle.

HB0363/SB0211 Handgun Permits - As introduced, exempts holder of handgun carry permit from prohibitions against carrying a firearm in any public park, playground, civic center, or other public recreational area or facility, carrying weapon in areas inhabited by big game, and possessing firearm while bow hunting.<A href="http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB0363" target=_blank>

HB0359/SB0272 Firearms and Ammunition - As introduced, makes exception to the prohibition against possessing firearm while traversing public hunting or wildlife management areas inhabited by big game if firearm possessed is a handgun and person has valid handgun carry permit.

HB0390/SB0578 Handgun Permits - As introduced, permits handgun carry permit holders to possess or carry a loaded rifle, loaded shotgun, or loaded magazine or clip therefore while in a motor vehicle.

HB0411/SB0383 Firearms and Ammunition - As introduced, creates Class A misdemeanor offense of attempting to buy firearm when prohibited by law from possessing firearm and attempting or selling firearm to person known to be prohibited by law from possessing firearm.

HB0489/SB0265 Criminal Offenses - As introduced, allows person who has permit to carry a handgun to carry gun in place where alcohol is served for consumption on premises if person is not consuming alcohol or is not otherwise prohibited by posting provisions.

HB0490/SB0263 Firearms and Ammunition - As introduced, allows probation and parole officers with valid handgun permit to carry handgun under same circumstances as law enforcement officers and allows board to require additional training if they carry during employment.

HB0503/SB0084 Firearms and Ammunition - As introduced, authorizes person with a handgun permit who is not consuming alcohol to carry handgun in building where beer or alcoholic beverages are being served subject to posting of property provisions, and adds violation of possessing a firearm where alcohol is served as a reason for revocation of a person's handgun permit.

HB0521/SB0245 Firearms and Ammunition - As introduced, allows persons with handgun carry permit to carry in public parks, public postsecondary institutions, and restaurants where alcoholic beverages are being served; allows judges and district attorneys to carry firearms where law enforcement can carry if they have permit or appropriate training.

HB0584 Law Enforcement - As introduced, permits the disclosure of mental health records when requested by a state or federal law enforcement agency for the purpose of conducting a firearm criminal history background check on the patient.

HB0617 Law Enforcement - As introduced, authorizes commissioned reserve deputy sheriffs authorized in writing by sheriff and reserve police officers authorized in writing by chief of police to carry firearms on and off duty to same extent as full-time law enforcement officers.

SB0262 Handgun Permits - As introduced, authorizes person with handgun carry permit to possess firearm in local, state, or federal parks or in a refuge, public hunting area, wildlife management area, or on national forest land.

SB0287 Firearms and Ammunition - As introduced, extends the time period within which a seized firearm may be sold at auction pursuant to court order from six to 12 months.

SB0314 Domestic Violence - As introduced, requires person subject to order of protection to surrender all firearms the person owns or possesses to the sheriff of county of residence and creates Class A misdemeanor of person subject to an order of protection possessing a firearm.

SB0468 Law Enforcement - As introduced, permits the disclosure of mental health records of a patient when requested by a state or federal law enforcement agency for the purpose of conducting a firearm criminal history background check on the patient.

SB0576 Handgun Permits - As introduced, allows person who has permit to carry a handgun to carry gun in place where alcohol is served for consumption on premises if person is not consuming alcohol or is not otherwise prohibited by posting provisions.

Edited February 10, 2009 by Fallguy

[Tim Nunan]

We can stay up to date by subscribing to the TFALAC alerts at http://www.tfaonline.org/index.php/subscribe_alerts/index

This is a low volume email list open to the public and TFA membership is not required. Most of the postings relate to bills in the TN Assembly and their status.

[Daps]

I get those TFA emails and agree you're not spammed over and over.

How does it look for restaurant carry this year?

[Tim Nunan]

I get those TFA emails and agree you're not spammed over and over.

How does it look for restaurant carry this year?

Almost got a House floor vote last time in spite of Naifeh. If new speaker is not another Kent Coleman (lied to NRA for a good rating) we might get a fair up/down vote; which of course some of our representatives don't want as then they'd be held accountable.

[Daps]

True but it needs to go to floor. I'm tired of these guys playing parlor games. Telling you oh yeah sure I'll support the bill all the while praying it doesn't hit the floor and they have to honestly vote on it.

Oh well it's get busy time and start the letter writing and calling

[herr.baer]

I can't wait to get out of The Peoples Republic of Maryland and down to Tennessee

[Guest bkelm18]

HB0070 Criminal Procedure - As introduced, deletes subsection in self-defense law providing that a person not justified in use of deadly force to prevent or terminate trespass on real property or unlawful interference with personal property.

Can someone translate this one to english?

[Garufa]

Can someone translate this one to english?

I've been trying to figure that out myself.

Can you or can you not prevent someone from messing with your stuff? What needs to change, or stay the same?

[Guest bkelm18]

I've been trying to figure that out myself.

Can you or can you not prevent someone from messing with your stuff? What needs to change, or stay the same?

The way I read it, which could be wrong, is that it would allow lethal force for protection of property...

[Bloodbought1]

The way I read it, which could be wrong, is that it would allow lethal force for protection of property...

+1

This is also the way I see it...may be wrong tho

[Oh Shoot]

Can someone translate this one to english?

Indeed.

"... providing that a person not justified in use of deadly force to prevent or terminate trespass on real property or unlawful interference with personal property."

This is a sentence fragment, "person" being subject, no predicate (verb). It needs to be independent explanatory sentence since is not adjectival or adverbial completion to the first part of the sentence.

- OS

[Guest bkelm18]

Indeed.

"... providing that a person not justified in use of deadly force to prevent or terminate trespass on real property or unlawful interference with personal property."

This is a sentence fragment, "person" being subject, no predicate (verb). It needs to be independent explanatory sentence since is not adjectival or adverbial completion to the first part of the sentence.

- OS

Tee hee, tee hee. Have I ever said you're my favorite TGO Curmudgeon?

[Daps]

The way I read it, which could be wrong, is that it would allow lethal force for protection of property...

Does that mean you come outside and someone is trying to steal your car you will be justified in using lethal force?

[Guest bkelm18]

Does that mean you come outside and someone is trying to steal your car you will be justified in using lethal force?

It would depend on how the law was worded, but essentially yes.

[Oh Shoot]

Can someone translate this one to english?

Tee hee, tee hee. Have I ever said you're my favorite TGO Curmudgeon?

You wouldn't say that had you ever been one of my students, young man.

- OS

[Guest bkelm18]

You wouldn't say that had you ever been one of my students, young man.

- OS

Yeah, I'm not one for inappropriate relations with teachers...

[Guest TargetShooter84]

thanks for the heads up on those bills

[Daps]

It would depend on how the law was worded, but essentially yes.

I've got no problem with that, if a person is bold enough to come into your yard and steal your car, they're one step away from entering your home.

[Guest 270win]

We need to push our legislative reps and senators and the new house speaker to make the following realistic changes:

1 Allow those with a permit AND off duty LEO's to carry in places that serve alcohol as long as the person isn't intoxicated (AR did get that part right)...i don't want to see some watered down garbage law like Arkansas has that requires the place to receive a certain amount of money from food sales. Clean laws help lessen confusion.

2. Clarify that those with permits and off duty police may carry in parks, rec areas, civic centers.

3. Clean up the 'big game' laws....allow permitees to carry on public land while hunting...whether bow hunting or not. I don't think i'm going to risk game warden trouble by shooting a deer with my pistol while bow hunting....many states already allow this.

4. Decriminalize the properly worded 39-17-1359 signs. Again why should i be treated like a criminal b/c of a goofy sign...if caught I can be asked to leave but why should i be fined when i went through all the hoops and paid the money to be legal? Cleaning up the sign law would de facto let us carry in 'posted' state and local buildings.

5. Allowing carry on school property would be nice...but i don't see it happening...some things just take steps.

[Kegger]

I am a BIG fan of HB0004.

Though it will come a little late for me.

[Guest SUNTZU]

Indeed.

"... providing that a person not justified in use of deadly force to prevent or terminate trespass on real property or unlawful interference with personal property."

This is a sentence fragment, "person" being subject, no predicate (verb). It needs to be independent explanatory sentence since is not adjectival or adverbial completion to the first part of the sentence.

- OS

Can someone translate this one to english?

[Oh Shoot]

Can someone translate this one to english?

Actually you mean to Tennessean, right?

(Means some ole boy didn't rite it gud nuff) ;)

- OS

[Guest SUNTZU]

I can cipher mah name.

[Guest tedbo]

I would be all for the idea of protecting your "stuff".

Stealing someone's car that nowadays is their livelihood is akin to horse wrangling!

Hang 'em!! Hang 'em high!!

(sorry,I digress........Clint Eastwood movie,ya know!)

Seriously, If someone works their butt off they should be able to continue enjoying the fruits of their labor,not some crackhead or lazy sob.

[Guest GUTTERbOY]

Can someone translate this one to english?

Here's the actual text of the bill:

SECTION 1. Tennessee Code Annotated, Section 39-11-614, is amended by deleting

subsection © in its entirety.

SECTION 2. Tennessee Code Annotated, Section 39-11-611, is amended by deleting

from subsection (d)(1) the language “is not prohibited from entering the dwelling, residence, or

occupied vehicle†and substituting instead the language “is not prohibited from entering the

dwelling, business, residence, or occupied vehicleâ€.

Here's what 39-11-614 currently says:

39-11-614. Protection of property. —

(a) A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

( A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against the other, when and to the degree it is reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession:

(1) The person reasonably believes the other had no claim of right when the other dispossessed the person; and

(2) The other accomplished the dispossession by threatening or using force against the person.

© A person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property.

By removing section © there, there is no longer a statuatory prohibition on using deadly force to protect property.

Moving on to 39-11-611, we find that this section defines "self-defense". The bill proposes changing section (d)(1):

© Any person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.

(d) The presumption established in subsection © shall not apply, if:

(1) The person against whom the force is used has the right to be in or is a lawful resident of the dwelling, business, residence, or vehicle, such as an owner, lessee, or titleholder; provided, that the person is not prohibited from entering the dwelling, residence, or occupied vehicle by an order of protection, injunction for protection from domestic abuse, or a court order of no contact against that person;

All they're doing there is changing the wording to clarify it a bit.

So, it does appear that this is intended to make it easier to defend your property.