HB 1158 by Todd

[Worriedman]

Their website is not working this week, but the gist of this bill:

1.  Does away with criminal aspect of carrying a firearm.

2.  Changes age from 21 to 18 to carry or perfect a permit.

3.  Includes long guns into the the permissible carry group, all permits now will say firearms, not handguns.

4.  Removes immunity for those entities that choose to post.  By inference now those entities that choose NOT to post are given immunity from action ont he        premises unless gross negligence or willful intent can be proved.  This bill codifies the inverse.

 

[Frog4aday]

This sounds like a big step in the right direction. Encouraging! 

[Capbyrd]

1 hour ago, Frog4aday said:

This sounds like a big step in the right direction. Encouraging! 

Todd is one of the few in Nashville I trust to get this stuff right.

[Worriedman]

On 2/17/2023 at 12:28 AM, Capbyrd said:

Todd is one of the few in Nashville I trust to get this stuff right.

We spent the weekend working on an amendment that irons out some wrinkles, it is not everything we would wish, but Rep. Todd, Clay Doggett, Rusty Grills and Freshman Kip Capley are in it to win it.

The amendment was filed timely by 4:30 on Saturday last, the big thing is that Grills caption opened up more of the chapters so the amendment that makes the bill will be filed on it and that is what will go forward.

This is a team effort, I suspect that Todd will present the bill, but those mentioned are all influencing the outcome, and it should be noted are members of the Civil Justice sub and full committee.

[Worriedman]

They switched bills, the new omnibus bill is the caption by Grills, 1005, Todd is running it.

Department of Safety came into do their normal "We oppose the bill" and got their rear end torn off by Todd, it is worth the watch.

Made it through to full next week.

Edited February 22, 2023 by Worriedman

[Worriedman]

 

 

Amendment No.                                 

 

 

 

Signature of Sponsor

 

AMEND    Senate Bill No. 1503                              House Bill No. 1005*

 

by deleting all language after the enacting clause and substituting:

 

SECTION 1. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (a).

SECTION 2. Tennessee Code Annotated, Section 39-17-1307(b)(1), is amended by deleting "unlawfully".

SECTION 3. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (e).

SECTION 4. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (g).

SECTION 5. Tennessee Code Annotated, Section 39-17-1308, is amended by deleting the section.

SECTION 6. Tennessee Code Annotated, Section 39-17-1313(a), is amended by deleting "lawfully carries a handgun pursuant to § 39-17-1307(g)" and substituting "is not prohibited from possessing a firearm".

SECTION 7. Tennessee Code Annotated, Section 39-17-1364, is amended by deleting "§ 39-17-1307, or".

SECTION 8. Tennessee Code Annotated, Section 39-17-1351, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "handguns" wherever it appears and substituting instead the language "firearms".

 

SECTION 9. Tennessee Code Annotated, Section 39-17-1351(r)(1), is amended by deleting the subdivision and substituting instead:

(1) A facially valid handgun permit, firearms permit, weapons permit, or license issued by another state shall be valid in this state according to its terms and shall be treated as if it is a firearm carry permit issued by this state.

SECTION 10. Tennessee Code Annotated, Section 39-17-1365, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 11. Tennessee Code Annotated, Section 39-17-1366, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "handguns" wherever it appears and substituting instead the language "firearms".

SECTION 12. Tennessee Code Annotated, Section 10-7-504(a)(2)(A), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit" and by deleting the language "handgun carry permits" and substituting instead the language "firearm carry permits".

SECTION 13. Tennessee Code Annotated, Section 10-7-504(o), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit" and by deleting the language "handgun permit holder" and substituting instead the language "firearm carry permit holder".

SECTION 14. Tennessee Code Annotated, Section 33-6-413(b), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 15. Tennessee Code Annotated, Section 36-3-626, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "as defined in § 39-17-1319" and substituting "as defined in § 39- 11-106".

 

SECTION 16. Tennessee Code Annotated, Section 38-3-122(c), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 17. Tennessee Code Annotated, Section 38-6-105, is amended by deleting the language "handgun permit" and substituting instead the language "firearm carry permit".

SECTION 18. Tennessee Code Annotated, Section 38-8-116, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 19. Tennessee Code Annotated, Section 39-16-702(b), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 20. Tennessee Code Annotated, Section 39-17-1309(e)(8)(B), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit".

SECTION 21. Tennessee Code Annotated, Section 39-17-1313(a), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 22. Tennessee Code Annotated, Section 39-17-1321(c)(2), is amended by deleting the language "handgun permit" and substituting instead the language "firearm carry permit".

SECTION 23. Tennessee Code Annotated, Section 39-17-1350(g), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 24. Tennessee Code Annotated, Section 39-17-1352, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

 

SECTION 25. Tennessee Code Annotated, Section 39-17-1359(g)(1), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 26. Tennessee Code Annotated, Section 40-32-101, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 27. Tennessee Code Annotated, Section 40-32-105(i)(5), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit".

SECTION 28. Tennessee Code Annotated, Section 49-6-816, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 29. Tennessee Code Annotated, Section 49-7-161(b)(2), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit".

SECTION 30. Tennessee Code Annotated, Section 49-50-803(b)(2), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit".

SECTION 31. Tennessee Code Annotated, Section 50-3-201(d), is amended by deleting the language "handgun permits to carry a handgun" and substituting instead the language "firearm carry permits to carry a firearm".

SECTION 32. Tennessee Code Annotated, Section 50-1-312(a)(1), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit".

SECTION 33. Tennessee Code Annotated, Section 70-2-104(g)(3)(B), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

 

SECTION 34. Tennessee Code Annotated, Section 70-4-117(d), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 35. Tennessee Code Annotated, Section 70-5-101(c), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 36. Tennessee Code Annotated, Section 8-21-401(f)(1), is amended by deleting the language "handgun permits" and substituting instead the language "firearm carry permits".

SECTION 37. Tennessee Code Annotated, Section 39-17-1351(b), is amended by deleting the subsection and substituting instead:

(b)    Except as provided in subsection (r), a resident of Tennessee who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, may apply to the department of safety for an enhanced firearm carry permit. If the applicant is at least eighteen (18) years of age and is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, then the department shall issue a permit to the applicant.

SECTION 38. Tennessee Code Annotated, Section 39-17-1351(x)(1), is amended by deleting the language "twenty-one (21) years of age" and substituting instead the language "eighteen (18) years of age".

SECTION 39. Tennessee Code Annotated, Section 39-17-1325, is amended by adding the following as a new subsection:

(c)    A person or entity who is authorized to prohibit the possession of firearms on the person's or entity's property pursuant to § 39-17-1359 and who elects, pursuant to that authority, to prohibit the possession of firearms by a person lawfully carrying a firearm is not immune from civil liability with respect to a claim based on the person's or

 

entity's adoption of a policy that prohibits weapons on the property by posting pursuant to § 39-17-1359.

SECTION 40. Tennessee Code Annotated, Section 39-17-1307, is amended by adding the following as a new subsection:

( )

 

(1)    It is an offense for a minor to carry, with the intent to go armed, a firearm.

(2)

 

(A)    A violation of subdivision ( )(1) is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not more than one hundred (100) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7.

(B)    A second or subsequent violation of subdivision ( )(1) is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not less than one hundred (100) nor more than two hundred (200) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of two (2) years in accordance with the procedure set out in title 55, chapter 10, part 7.

(3)    A firearm carried with the intent to go armed in violation of this subsection ( ) must be confiscated and disposed of in accordance with § 39-17- 1317.

(4)    It is an exception to the application of subdivision ( )(1) if the juvenile

 

is:

 

(A)    In attendance at a hunter safety course or a firearm safety course;

(B)    Engaging in practice in the use of a firearm or target shooting at an established range or club authorized by the governing body of the jurisdiction in which the range or club is located or any other area where the discharge of a firearm is not prohibited;

(C)    Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)), as amended, and which uses firearms as part of the performance;

(D)    Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70;

(E)    Engaging in the lawful protection of livestock from predatory animals;

(F)    Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the firearm carried by the juvenile;

(G)    On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to carry, with the intent to go armed, a firearm;

(H)    Traveling to or from an activity described in this subdivision (

 

)(4) with an unloaded firearm; or

 

(I)    At the juvenile's residence and, with permission of the juvenile's parent or legal guardian, is justified in using physical force or deadly force.

(5)    As used in this subsection ( ):

 

(A)    "Juvenile" means a person less than eighteen (18) years of age; and

(B)    "Unloaded" means:

 

(i)    The firearm does not have ammunition in the chamber, cylinder, clip, or magazine; and

(ii)    The firearm, and the ammunition for the firearm, are not carried on the person of a juvenile or are not in such close proximity to the juvenile that the juvenile could readily gain access to the firearm and the ammunition and load the firearm.

SECTION 41. If any provision of this act or its application to any person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to that end, the provisions of this act are severable.

SECTION 42. This act takes effect July 1, 2023, the public welfare requiring it.

[Chucktshoes]

Thank you for posting the text of the bill. It is very helpful. 

[Defender]

Hope it passes.  How can we help?  Also, the things at the top of my list are the prohibition of going armed, and the criminality of carrying past a gangbuster sign. Another thing I hate is the way Tennessee is not  really very supportive of LEOSA carry.  As a retired Federal LEO, I have a valid LEOSA credential.  To wit, being able to carry under LEOSA requires annual qualification as well as a valid LEOSA credential.  Ranges wont let you qualify under LEOSA unless the State signs the forms.  My Federal agency is not local and I have been unable to get them to sign the state forms.  

[Worriedman]

Watch the Department of Safety come in and "Oppose" the bill, at about 3:01 see Stroeker show she has not read the bill when she asserts it takes out the criminality of 2 DUIs in 10 years, stalking and being adjudicated mentally defective (which it does not do, and she is corrected by legal at 8:22) and Todd's response starting at  16:50 and Grills question of the Department at 11:17. 

Parkinson ask why they are not opposing the 18 year old shift this year and she does when they opposed it last year?  It was Constitutional then as well, they were just made to do it via a court challenge, or they would still be opposed.

I will not comment further except to say that MS Stroker admits the Governor told her to "oppose" the bill, and that it would in fact achieve "Real Constitutional Carry" (her words) and the Department and the Governor are against that for the average Citizen.

Edited February 23, 2023 by Worriedman

[m16ty]

3 hours ago, Worriedman said:

Watch the Department of Safety come in and "Oppose" the bill, at about 3:01 see Stroeker show she has not read the bill when she asserts it takes out the criminality of 2 DUIs in 10 years, stalking and being adjudicated mentally defective (which it does not do, and she is corrected by legal at 8:22) and Todd's response starting at  16:50 and Grills question of the Department at 11:17. 

Parkinson ask why they are not opposing the 18 year old shift this year and she does when they opposed it last year?  It was Constitutional then as well, they were just made to do it via a court challenge, or they would still be opposed.

I will not comment further except to say that MS Stroker admits the Governor told her to "oppose" the bill, and that it would in fact achieve "Real Constitutional Carry" (her words) and the Department and the Governor are against that for the average Citizen.

I watched it and that was somewhat a cluster. I wish the proponents of the bill knew a little more about firearms, especially when machine gun regulations came up. They were trying to convey that it isn’t easy to buy a machine gun, but it’s actually a lot harder than they made out.

[Worriedman]

16 hours ago, Defender said:

Hope it passes.  How can we help?  Also, the things at the top of my list are the prohibition of going armed, and the criminality of carrying past a gangbuster sign. Another thing I hate is the way Tennessee is not  really very supportive of LEOSA carry.  As a retired Federal LEO, I have a valid LEOSA credential.  To wit, being able to carry under LEOSA requires annual qualification as well as a valid LEOSA credential.  Ranges wont let you qualify under LEOSA unless the State signs the forms.  My Federal agency is not local and I have been unable to get them to sign the state forms.  

 This state wants a monopoly on violence, hence their reluctance to sign your forms.

Although, I do think LEOSA permits are dividing the People into subsets, which Heller decried.  Further, the TN Supreme Court had ruled off duty LE are simply Citizens, with no enhanced police powers unless they are on the "clock" (Revco v. White).

If you want to secure the  right to arms guaranteed by the Constitutions of the State and Union, start calling and e-mailing the Senate Judiciary Committee, that is going to be the heavy lift.

[DHF]

16 hours ago, m16ty said:

I watched it and that was somewhat a cluster. I wish the proponents of the bill knew a little more about firearms, especially when machine gun regulations came up. They were trying to convey that it isn’t easy to buy a machine gun, but it’s actually a lot harder than they made out.

It is painful to hear these people in the opposition speak with such authority about automatic weapons when their ignorance and agenda are so thick they choke the air in the room.  I agree that those on the side of personal freedom need to take a few minutes to be able to counter these false statements aggressively.

Edited February 23, 2023 by DHF

[Worriedman]

MS Stroker last year being questioned during her opposition to basically the same bill.

Edited February 23, 2023 by Worriedman

[Worriedman]

Latest Amendment to HB 1005

 

 

Amendment No.                                 

 

 

                                                    Signature of Sponsor

 

AMEND    Senate Bill No. 1503                              House Bill No. 1005*

 

by deleting all language after the enacting clause and substituting:

 

SECTION 1. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (a).

SECTION 2. Tennessee Code Annotated, Section 39-17-1307(b)(1), is amended by deleting "unlawfully".

SECTION 3. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (e).

SECTION 4. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (g).

SECTION 5. Tennessee Code Annotated, Section 39-17-1313(a), is amended by deleting "lawfully carries a handgun pursuant to § 39-17-1307(g)" and substituting "is not prohibited from possessing or carrying a firearm".

SECTION 6. Tennessee Code Annotated, Section 39-17-1364, is amended by deleting "§ 39-17-1307, or".

SECTION 7. Tennessee Code Annotated, Section 39-17-1351, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "handguns" wherever it appears and substituting instead the language "firearms".

SECTION 8. Tennessee Code Annotated, Section 39-17-1351(r)(1), is amended by deleting the subdivision and substituting instead:

(1) A facially valid handgun permit, firearms permit, weapons permit, or license issued by another state shall be valid in this state according to its terms and shall be treated as if it is a firearm carry permit issued by this state.

SECTION 9. Tennessee Code Annotated, Section 39-17-1365, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 10. Tennessee Code Annotated, Section 39-17-1366, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "handguns" wherever it appears and substituting instead the language "firearms".

SECTION 11. Tennessee Code Annotated, Section 10-7-504(a)(2)(A), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit" and by deleting the language "handgun carry permits" and substituting instead the language "firearm carry permits".

SECTION 12. Tennessee Code Annotated, Section 10-7-504(o), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit" and by deleting the language "handgun permit holder" and substituting instead the language "firearm carry permit holder".

SECTION 13. Tennessee Code Annotated, Section 33-6-413(b), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 14. Tennessee Code Annotated, Section 36-3-626, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "as defined in § 39-17-1319" and substituting "as defined in § 39- 11-106".

SECTION 15. Tennessee Code Annotated, Section 38-3-122(c), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 16. Tennessee Code Annotated, Section 38-6-105, is amended by deleting the language "handgun permit" and substituting instead the language "firearm carry permit".

SECTION 17. Tennessee Code Annotated, Section 38-8-116, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 18. Tennessee Code Annotated, Section 39-16-702(b), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 19. Tennessee Code Annotated, Section 39-17-1309(e)(8), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 20. Tennessee Code Annotated, Section 39-17-1309(e)(11), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 21. Tennessee Code Annotated, Section 39-17-1313(a), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 22. Tennessee Code Annotated, Section 39-17-1321(a), is amended by deleting the language "handgun" and substituting "firearm".

SECTION 23. Tennessee Code Annotated, Section 39-17-1321(c)(2), is amended by deleting the language "handgun permit" and substituting instead the language "firearm carry permit".

SECTION 24. Tennessee Code Annotated, Section 39-17-1350(g), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 25. Tennessee Code Annotated, Section 39-17-1352, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 26. Tennessee Code Annotated, Section 39-17-1359(g)(1), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 27. Tennessee Code Annotated, Section 40-32-101, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 28. Tennessee Code Annotated, Section 40-32-105(i)(5), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit".

SECTION 29. Tennessee Code Annotated, Section 49-6-816, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 30. Tennessee Code Annotated, Section 49-7-161(b)(2), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit".

SECTION 31. Tennessee Code Annotated, Section 49-50-803(b)(2), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit".

SECTION 32. Tennessee Code Annotated, Section 50-3-201(d), is amended by deleting the language "handgun permits to carry a handgun" and substituting instead the language "firearm carry permits to carry a firearm".

SECTION 33. Tennessee Code Annotated, Section 50-1-312(a)(1), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit".

SECTION 34. Tennessee Code Annotated, Section 70-2-104(g)(3)(B), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit".

SECTION 35. Tennessee Code Annotated, Section 70-4-117(d), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 36. Tennessee Code Annotated, Section 70-4-117(e), is amended by deleting the language "hand gun" and substituting "firearm".

SECTION 37. Tennessee Code Annotated, Section 70-5-101(c), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm".

SECTION 38. Tennessee Code Annotated, Section 70-5-101(d), is amended by deleting the language "hand gun" and substituting "firearm".

SECTION 39. Tennessee Code Annotated, Section 8-21-401(f)(1), is amended by deleting the language "handgun permits" and substituting instead the language "firearm carry permits".

SECTION 40. Tennessee Code Annotated, Section 39-17-1351(b), is amended by deleting the subsection and substituting instead:

(b)    Except as provided in subsection (r), a resident of Tennessee who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, may apply to the department of safety for an enhanced firearm carry permit. If the applicant is at least eighteen (18) years of age and is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, then the department shall issue a permit to the applicant.

SECTION 41. Tennessee Code Annotated, Section 39-17-1351(x)(1), is amended by deleting the language "twenty-one (21) years of age" and substituting instead the language "eighteen (18) years of age".

SECTION 42. Tennessee Code Annotated, Section 39-17-1307, is amended by adding the following as a new subsection:

( )

 (1)    It is an offense for a minor to carry, with the intent to go armed, a firearm.

(2)

(A)    A violation of subdivision ( )(1) is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not more than one hundred (100) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7.

(B)    A second or subsequent violation of subdivision ( )(1) is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not less than one hundred (100) nor more than two hundred (200) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of two (2) years in accordance with the procedure set out in title 55, chapter 10, part 7.

(3)    A firearm carried with the intent to go armed in violation of this subsection ( ) must be confiscated and disposed of in accordance with § 39-17- 1317.

(4)    It is an exception to the application of subdivision ( )(1) if the juvenile  is:

(A)    In attendance at a hunter safety course or a firearm safety course;

(B)    Engaging in practice in the use of a firearm or target shooting at an established range or club authorized by the governing body of the jurisdiction in which the range or club is located or any other area where the discharge of a firearm is not prohibited;

(C)    Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)), as amended, and which uses firearms as part of the performance;

(D)    Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70;

(E)    Engaging in the lawful protection of livestock from predatory animals;

(F)    Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the firearm carried by the juvenile;

(G)    On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to carry, with the intent to go armed, a firearm;

(H)    Traveling to or from an activity described in this subdivision

()

(4) with an unloaded firearm;

(I)    At the juvenile's residence and, with permission of the juvenile's parent or legal guardian, is justified in using physical force or deadly force; or

(J)    Transporting or storing an unloaded firearm in a motor vehicle while on or utilizing a public or private parking area if:

(i)    The juvenile is licensed to drive a motor vehicle pursuant to title 55, chapter 50, part 3;

(ii)    The juvenile's motor vehicle is parked in a location where the motor vehicle is permitted to be; and

(iii)    The firearm being transported or stored in the motor vehicle:

(a)    Is kept from ordinary observation if the juvenile is in the motor vehicle; or

(b)    Is kept from ordinary observation and locked within the trunk, glove box, or interior of the juvenile's motor vehicle or a container securely affixed to the motor vehicle if the juvenile is not in the motor vehicle.

(5)    As used in this subsection (

(A)    "Juvenile" means a person less than eighteen (18) years of age; and

(B)    "Unloaded" means:

(i)    The firearm does not have ammunition in the chamber, cylinder, clip, or magazine; and

(ii)    The firearm, and the ammunition for the firearm, are not carried on the person of a juvenile or are not in such close proximity to the juvenile that the juvenile could readily gain access to the firearm and the ammunition and load the firearm.

SECTION 43. If any provision of this act or its application to any person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to that end, the provisions of this act are severable.

SECTION 44. This act takes effect July 1, 2023, the public welfare requiring it.