New Legislation Entries for 2010

[GKar]

Some new bills starting to filter in - thought maybe it would be nice to have a single place where new leigislation could be listed, then seperate specific threads to discuss those of interest:

HB 2421 (Hardaway) - 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.

HB 2422 (Hardaway) - 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.

NOTE: Separate thread to discuss the two above is here .

HB 2567 (Fincher)/SB 2390 (Jackson) - As introduced, allows person without handgun carry permit 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.

SB 2391 (Jackson) - As introduced, 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. [NOTE: clarifies that emergency management powers compensating for, comandeering or utilizing private property may NOT be construed as including firearms. This revision also clarifies that similar emergency powers that "Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles" likewise may NOT be construed to include firearms or ammunition.]

Edited January 17, 2010 by GKar

[macville]

HB 2567 (Fincher)/SB 2390 (Jackson) - As introduced, allows person without handgun carry permit 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.

Umm..how is this really any different than what's currently on the books? Seems like just slightly different wording but would still mean ammo would need to be in a different compartment in the car...

Matthew

[Chief07]

Thanks for the info.We must be vigilant and fight any anti-gunlaws. And vote the legeslators out that propose them.

[Garufa]

HB 2567 (Fincher)/SB 2390 (Jackson) - As introduced, allows person without handgun carry permit 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.

Uh, that's already legal. Always has been. What's different here?

[eapking]

The key words (I think) are "without HC permit"...

Hardaway (Memphis dirtbag) on the other two.

[Oh Shoot]

The key words (I think) are "without HC permit"...

Statute is already written to cover this.

"(a) It is a defense to the application of § 39-17-1307 (unlawful possession or carrying)

if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;"

It doesn't mention cars, so maybe it's only been valid on horseback, donkey carts, and rickshaws?

- OS

[Fallguy]

If you read the actual text of SB2390 http://www.capitol.tn.gov/Bills/106/Bill/SB2390.pdf what it seems to be basically doing is making it an exception under 39-17-1307 instead of defense under 39-17-1308

Sort of technicality, but I think it is a good things. Many of the things that are defenses under 39-17-1308 should actually be exceptions instead.

[Oh Shoot]

If you read the actual text of SB2390 http://www.capitol.tn.gov/Bills/106/Bill/SB2390.pdf what it seems to be basically doing is making it an exception under 39-17-1307 instead of defense under 39-17-1308

Sort of technicality, but I think it is a good things. Many of the things that are defenses under 39-17-1308 should actually be exceptions instead.

Sorta like having permission instead of asking forgiveness.

I can buy that I reckon.

- OS

[macville]

If you read the actual text of SB2390 http://www.capitol.tn.gov/Bills/106/Bill/SB2390.pdf what it seems to be basically doing is making it an exception under 39-17-1307 instead of defense under 39-17-1308

Sort of technicality, but I think it is a good things. Many of the things that are defenses under 39-17-1308 should actually be exceptions instead.

Okay, then that is a good thing. If it's not illegal (such as not having the ammo near the gun), then it shouldn't be a defense it should simply be legal!

Matthew

[Guest PapaB]

Statute is already written to cover this.

"(a) It is a defense to the application of § 39-17-1307 (unlawful possession or carrying)

if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;"

- OS

The wording in (1) drops "rifle, shotgun or" and just says "Of an unloaded handgun not concealed"

[JAB]

HB 2567 (Fincher)/SB 2390 (Jackson) - As introduced, allows person without handgun carry permit 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.

Actually, unless I am mistaken, this is a significant difference. I am no lawyer and am not offering legal advice but my understanding is that the law that was passed last year made it legal for HCP holders to literally have a loaded long gun in their vehicle. However, as the law did not change for non-HCP holders, it is currently still against the law for anyone without a handgun carry permit to even have ammunition in proximity to a long gun (or a handgun, for that matter), period. This would seem to mean loose ammo, a box of ammo from Walmart, an ammo pouch containing ammo, etc. In other words, while the proposed legislation would prohibit having loaded magazines or clips in close proximity, the current law (if I understand it correctly) prohibits any ammo in 'the immediate vicinity' of a long gun. Basically, unless I am way off track, the current law considers a long gun to be the same as if it were 'loaded' even if the chamber is empty, there is no ammo in the gun and none of the magazines contain ammo if there is a box of ammo anywhere near the gun. This law would mean that there is no violation as long as the ammo isn't already in the long gun or in a magazine close to the firearm that would make loading the firearm a very quick and easy process. There is a big difference, IMO, between not being able to have an AR-15 with a loaded mag in it in the vehicle and not being able to have a box of 12 gauge shells in the seat of your pickup with your empty double-barrel behind the seat. Personally, I don't see why private citizens who can legally own an AR-15 shouldn't be legally allowed to do the former but prohibiting the latter certainly makes no sense.

To me, it is a good idea to clear up the grey area between what is really 'loaded' and what is just a shotgun and a box of ammo. Currently, if all ammo is supposed to be in a different compartment of the vehicle than the long gun and inaccesible to the driver, what is someone who drives an SUV or minivan supposed to do? Aren't those vehicles technically comprised of one, big compartment? Wouldn't ammo in the glove compartment still be accessible to the driver? My only problem with this law is the whole idea of 'close proximity'. Is there a legal definition of what 'close proximity' means in this situation? If not, it would seem to me that this law is unconstitutionally vague. Of course, as I have seen no legal defintion of 'immediate vicinity' within the current statute, either, I'd have to opine that the current law is unconstitutionally vague, as well.

Edited January 20, 2010 by JAB

[GKar]

Added 1/19/2010: HB 2694 by Dennis. As introduced, repeals statutory prohibition relative to possession of a firearm where alcoholic beverages are served. - Amends TCA Section 39-17-1305. (Actual wording in the bill: "Tennessee Code Annotated, Section 39-17-1305, is repealed.")

Added 1/20/201: HB 2720 by Campfield. As introduced, removes requirement signs be posted at establishments serving alcoholic beverages informing patrons that firearms are prohibited in such establishments. - Amends TCA Section 57-4-203.

HB 2716 by Campfied. As introduced, authorizes canceled checks to serve as evidence of valid renewal of handgun carry permits when such permits have expired. - Amends TCA Section 39-17-1351.

HB 2718 by Campfield. As introduced, provides that a certified copy of a birth certificate is not required for the issuance or renewal of a handgun carry permit. - Amends TCA Title 39, Chapter 17, Part 13.

HB 2719 by Campfield. As introduced, 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 such park. - Amends TCA Section 39-17-1311.

HB 2726 by Campfield. As introduced, authorizes persons with handgun carry permits to have a handgun in their motor vehicle on a public college campus as long as such handgun is stored out of sight and the motor vehicle is locked. - Amends TCA Section 39-17-1309.

Also, several bills that stalled in the previous session have been moved to comimttee calendars in March.

[Wingshooter]

nice

[macville]

Added 1/20/201: HB 2720 by Campfield. As introduced, removes requirement signs be posted at establishments serving alcoholic beverages informing patrons that firearms are prohibited in such establishments. - Amends TCA Section 57-4-203.

Is this basically removing the ABC posting requirement? Otherwise, it doesn't make a lot of sense.

Matthew

[tntnixon]

It doesn't mention cars, so maybe it's only been valid on horseback, donkey carts, and rickshaws?

- OS

cycle rickshaw driver sleeping near gun - jaipur (india)

would this guy go to jail?

[Fallguy]

Is this basically removing the ABC posting requirement? Otherwise, it doesn't make a lot of sense.

Matthew

Yes, that is what it's talking about.

[JAB]

HB 2726 by Campfield. As introduced, authorizes persons with handgun carry permits to have a handgun in their motor vehicle on a public college campus as long as such handgun is stored out of sight and the motor vehicle is locked. - Amends TCA Section 39-17-1309.

Also, several bills that stalled in the previous session have been moved to comimttee calendars in March.

This plus some version of the 'parking lot bill' would make me pretty happy. I don't like the idea of leaving a firearm in my vehicle while I am at work all day but it would be better than having to be unarmed from home to work, from work to home and anywhere I need to stop in between.

Edited January 22, 2010 by JAB

[Guest 270win]

The state would do better by making those with permits exempt to not having guns on school property just like off duty police....and also cleaning off duty police statute up so that they do not have to 'inform' the principal. Having unattended loaded guns in gloveboxes is not as good as secured on someone's person. Simple and easy to understand laws are much better than complex hard to enforce laws that do nothing but cause legal traps for the good guys.

[JAB]

The state would do better by making those with permits exempt to not having guns on school property just like off duty police....and also cleaning off duty police statute up so that they do not have to 'inform' the principal. Having unattended loaded guns in gloveboxes is not as good as secured on someone's person. Simple and easy to understand laws are much better than complex hard to enforce laws that do nothing but cause legal traps for the good guys.

I agree. I also just noticed that, if the posted wording is accurate, the proposed law would make it legal to have firearms in a vehicle on the campus of a public college. So, would the law still make it illegal to have firearms in your vehicle on the campus of a private college? The current law makes it illegal on any college, public or private. Wouldn't make much sense to change the law for public colleges and not private ones (not to mention it wouldn't really do me much good.) Sure, private colleges could still have a policy forbidding it (unless some version of the parking lot law were passed - or, even better, a law declaring the interior of a vehicle to be private property with the same rights afforded to the driver as to a resident in their own home) but that is a lot different than having a state law against it.

[GKar]

Looks like Vance Dennis' bill repealing the statutory prohibition relative to possession of a firearm where alcoholic beverages are served picked up Senator Bunch as sponsor, and has been moved to the House Criminal Practice subcommittee of the Judiciary committee. Campfield's bills also picked up Bunch as the Senate sponsor, and DA Hardaway's crapola bills picked up an equally impressive Senate sponsor - Marrero.

New entries:

HB3064 (Campfield)/SB3745 (Bunch) As introduced, limits reproduction of handgun carry permit records. - Amends TCA Section 10-7-504.

HB3141 (McDonald)/SB3009 (Jackson) As introduced, prohibits employers from prohibiting persons possessing a handgun carry permit from transporting and storing a firearm out of sight in a locked vehicle on any property set aside for vehicles; prohibits employer from terminating, demoting, or other discriminating against such employee. - Amends TCA Title 39, Chapter 17, Part 13.