HB 0795 by Capley

[Worriedman]

Here is the Amendment that makes the bill language:

 

AN ACT to amend Tennessee Code Annotated, Title 39                                                                             Chapter 17, Part 13 relative to firearms.

 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

 

              SECTION 1.  Tennessee Code Annotated, Section 39-17-1306(a) is amended by deleting “building in which judicial proceedings are in progress” and substituting “courtroom”.

              SECTION 2.        Tennessee Code Annotated, Section 39-17-1306(c) is amended by deleting all language in subdivision (1) and substituting “Is in the actual discharge of official duties as a law enforcement officer, or is employed in the armed forces of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal or other court officer who has responsibility for protecting persons or property or providing security;”.

              SECTION 3.        Tennessee Code Annotated, Section 39-17-1306(c) is amended by deleting subdivisions (4) and (5) in their entirety.

              SECTION 4.  Tennessee Code Annotated, Section 39-17-1359(c)(2)(C) is amended by deleting “ at all times regardless of whether judicial proceedings are in progress”.

              SECTION 5.  This act takes effect upon becoming a law, the public welfare requiring it.

 

Dear________________

I am writing to encourage the Tennessee Legislature to fix the the way that Tennessee Code Annotated § 39-17-1306 is presently written.   Prior to 2017, it only prohibited weapons in a specific “room” while judicial proceedings were being conducted in that room.   As such, it was relatively easy to determine whether judicial proceedings were in process and if so that firearm possession, particularly by permit holders, was prohibited. 

The statute is now, I feel, unconstitutional. It was amended by changing in the first paragraph the word “room” to “building”.   With that change, the entire building becomes a gun free zone with felony charges applicable but only if judicial proceedings (which according to an Attorney General opinion would include things like judicial conference calls) are occurring.   So, in our county with multiple government offices in the same building, it could be perfectly legal for someone to come in the building with a firearm one day to, for example, record a deed so long as there were no judicial proceedings taking place.  But, if the person was standing in line to record that deed and a judge somewhere else in the building called court to order, that individual could be charged with a felony and not even know that he was doing something illegal.  That is wrong and must be corrected.

I am requesting either that the word “building” in the first paragraph be changed back to “room” or that the entire statute be repealed now under the Supreme Court’s Bruen holding from 2022, as “historical tradition” must be used as the metric for scrutiny with respect to 2^nd Amendment issues.

 

 

Signature

 

This bill will be in the House Civil Justice sub committee this coming Tuesday.  For those who live outside of Davidson and Shelby Counties write your elected employees, (House and Senate) as well as the members of the sub committee asking for support.

[Worriedman]

Capley is getting a lot of push back on his bill from Dept. of Safety and Sheriff's Assc., there is no help with respect to Safety, but I do have a call with someone that matters in the Sheriff's Assc. today.  A number  of judges are wringing their hands too, but they knew the job when they ran for office, if you think you are more important than I am, find different employment.

Bill got rolled at least till next week.  Calls and e-mails please.