New Proposed Gun Show Law Banning Private Sales HB 2422 By Hardaway (TN Legislature)

[TNRobocop]

New law basically banning private sales at a gun show propsed.

Bill Summary

*HB 2422 by *Hardaway.

Firearms and Ammunition - As introduced, creates various gun show offenses, including prohibiting any person who is not a licensed firearms dealer from transferring a firearm to another person if any part of the transfer takes place at a gun show or within 1,000 feet of a gun show. - Amends TCA Title 39, Chapter 17.

Fiscal Summary

Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Increase Local Revenue - Not Significant Increase Local Expenditures - Not Significant

Bill Summary

This bill makes it a Class A misdemeanor for any person to organize, plan, promote, or operate a gun show unless that person:

(1) 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 the gun show;

(2) Verifies the identity of each gun show dealer participating in the gun show by examining a valid photo identification document of the dealer, before commencement of the gun show;

(3) Requires each gun show dealer to sign a ledger with information identifying the dealer, including the dealer's name and address, before commencement of the gun show; and

(4) Maintains a copy of the records described above in (2) and (3) at the gun show promoter's permanent place of business for one year from the date of the gun show.

This bill also makes it a Class A misdemeanor for any person who is not licensed under federal law to engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, to transfer a firearm to another person if any part of the transfer takes place at a gun show, on the premises of a gun show, or within 1,000 feet of the property on which a gun show is being conducted.

Under this bill, "gun show" means any event at which 50 or more firearms are offered or exhibited for sale, transfer, or exchange and at least 20 percent of the vendors are engaged in the business of selling, leasing, or transferring firearms and are licensed under federal law as described above.

The bill would take effect on January 1, 2011.

Typical Memphis ****stirrer.

Also looks like a race card player if you look at his affiliations including the Rainbow PUSH crap.

Also he wants to bring back the thumbprint card....

*HB 2421 by *Hardaway

Firearms and Ammunition - As introduced, reinstitutes the 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. - Amends TCA Title 39, Chapter 17, Part 13.

Edited January 14, 2010 by TNRobocop

[macville]

Couple of things. First, this would shrink gun shows by quite a few booths. Second, HOW STUPID is this guy to introduce such a bill when the republicans are in control and there is a massive amount of pro-gun dems also in there. Did he sleep through the last session?

Sorry to the people from Memphis, but I feel like TN would be FAR better of legally and financially if we could cut it from our state.

Matthew

[Guest Ae-35]

+ 1 give'm to MS. or AR.

[Fallguy]

Definitely bears watching and making our elected officials aware of our disapproval, but maybe this really won't get much traction.

[Guest HexHead]

And so it begins....

[Krull]

This is lame. You get the best deals from these booths not firearms dealers. If this happened there would be no point in gun shows. Just shop at stores. The reason behind it is it let's interpoooooool track our guns better. Hahahahahahahah

[GKar]

So far, no corresponding Senate entries, which is perhaps a good sign. Really shouldn't be an unexpected tact - those who feel they lost ground last session are naturally gonna try to show some life, flex some muscle where they can. Related activity - note todays PR that Nashville and Memphis city travel gurus say "guns-in-bars" has hurt tourist traffic in those cities. Timing just a coincidence there? Nah...

[Guest HexHead]

E-mail sent to my rep.

[Krull]

Xxx

Edited January 11, 2011 by Krull

[JayC]

I sure seems to me that this law violates the TN constitution...

“That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.â€

The sale of arms and ammunition is not the wearing of them, and therefore is not allowed under the TN constitution.

This guy needs to be ran out of town during the next election.

[TNRobocop]

I sure seems to me that this law violates the TN constitution...

The sale of arms and ammunition is not the wearing of them, and therefore is not allowed under the TN constitution.

This guy needs to be ran out of town during the next election.

Won't happen. The guy is from Modgadishu on the Mississippi. They always elect clowns like this down there.

[-boatman-]

If I remember correctly this was one of the guys who gave a long drawn out speech on the house floor last year against park carry.

[DavidD]

If I remember correctly this was one of the guys who gave a long drawn out speech on the house floor last year against park carry.

Yup, he kept introducing amendments, talk some BS, then withdraw them. I think one was that a HCP holder couldn't carry into restaurants on Sundays

[Oh Shoot]

I sure seems to me that this law violates the TN constitution...

The sale of arms and ammunition is not the wearing of them, and therefore is not allowed under the TN constitution.

This guy needs to be ran out of town during the next election.

Isn't this pertinent also?:

"39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. —

(a) Except as provided in § 39-17-1311(d), which allows counties and municipalities to prohibit the possession of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by a county, a municipality or instrumentality thereof, no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986."

- OS

[Guest Luckyshot]

So you talk to the the walkers (folks wearing what they want to sell) at the gun show and make an appointment to walk to the Walgreens a 1000 feet away.

[TNRobocop]

Isn't this pertinent also?:

"39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. —

(a) Except as provided in § 39-17-1311(d), which allows counties and municipalities to prohibit the possession of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by a county, a municipality or instrumentality thereof, no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986."

- OS

No since this just states simply that only the state may make regulations, not a government agency below state level.

Also the proposed law would ban non-licensed dealers from setting up tables to sell guns, as well as walkers doing FTF.

[seez52]

If we're going to slice Mem. off lets just go all the way chisel TN out of the whole shootin' match. Republic of TN, sans Memphis.

[Fallguy]

Isn't this pertinent also?:

"39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. —

(a) Except as provided in § 39-17-1311(d), which allows counties and municipalities to prohibit the possession of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by a county, a municipality or instrumentality thereof, no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986."

- OS

Isn't the proposed bill for a statewide law?

If so then not sure what 39-17-1314 would have to do with it?

Even if the bill was some how worded to only include Shelby county, I still don't think 39-17-1314 would apply, again because it is proposing a change to state law, not making a local ordnance.

[Fallguy]

I sure seems to me that this law violates the TN constitution...

The sale of arms and ammunition is not the wearing of them, and therefore is not allowed under the TN constitution.

This guy needs to be ran out of town during the next election.

Perhaps...

IMO several of the firearms laws violate the TN constitution.

How about 39-17-1307 that says the possession of a firearm is illegal, period!

It is only 39-17-1308 that provides for certain defenses to possession, such as being in your home or that is unloaded.

Should one really need a defense to just possession in your home (nothing to do with the bearing or arms) if the TN Constitution is supposed see keeping arms as a right?

Edited January 14, 2010 by Fallguy

[Krull]

Constitution means what? Was obamunist even born on us soil? I don't know do you?

[Fallguy]

Constitution means what? Was obamunist even born on us soil? I don't know do you?

I understand, but that doesn't have much to do with TN laws and the TN Constitution that we were discussing.

[Will]

Goodman Show -Nashville Fairgrounds started this at his last show all sales in show

must go through background, some of the private sellers packed up tables and left.

People walkng floor were also told this is new policy for them also. Do not know if it was enforced.

[Oh Shoot]

No since this just states simply that only the state may make regulations, not a government agency below state level.

Also the proposed law would ban non-licensed dealers from setting up tables to sell guns, as well as walkers doing FTF.

Of course...slept in, still on first cuppa at the time.

Duh.

- OS

[Oh Shoot]

Isn't the proposed bill for a statewide law?

If so then not sure what 39-17-1314 would have to do with it?

Even if the bill was some how worded to only include Shelby county, I still don't think 39-17-1314 would apply, again because it is proposing a change to state law, not making a local ordnance.

Yep, see my other response, dunno what I was thinking (wasn't, obviously).

- OS

[Krull]

I understand, but that doesn't have much to do with TN laws and the TN Constitution that we were discussing.

It has everything to do with it. When the federal govt breaks or bends the rules it sets a precident that it's ok. Noone cares about the constitution state or federal sir. If they did we wouldn't be paying income tax to the federal govt.

Bottom line if the federal govt thinks it's a good idea it will happen. If not they hang mandates over the states head until it does. Nothing to do with it? Respectfully I disagree.

Edited January 19, 2010 by Krull