HB 2567 Long gun carry with ammo

[Worriedman]

If this has been posted already, please delete.

This one on Governor's desk for signature.

HB 2567 by *Fincher, Williams, Todd, Faulkner, Borchert, McDonald, Yokley, Niceley, Haynes, Johnson C, Sargent. (*SB 2390 by *Jackson, Gresham, Burks, Bunch.)

Firearms and Ammunition - 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. - Amends TCA Title 39, Chapter 17, Part 13.

Bill Summary

Under present law, it is an exception to the criminal offense of unlawful carrying or possession of a weapon that the person is the holder of a handgun carry permit and was transporting a shotgun or rifle that did not have ammunition in the chamber. It is a defense to prosecution, but not an exception to the offense, that the person was in possession of or carrying 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.

This bill extends the aforementioned exception to present law to persons who do not have a handgun carry permit and who are transporting an unloaded rifle or shotgun.

ON FEBRUARY 18, 2010, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2390, AS AMENDED.

AMENDMENT #1 limits the exception that this bill would add to persons who do not have a handgun carry permit, who are transporting an unloaded shotgun or rifle in a privately-owned motor vehicle, and who have not been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, or been convicted of a felony drug offense.

ON APRIL 5, 2010, THE HOUSE SUBSTITUTED SENATE BILL 2390 FOR HOUSE BILL 2567, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2390, AS AMENDED.

AMENDMENT #1 makes the same changes as those described in the summary of Senate Amendment #1 and specifies that the exemption for transport of long guns in privately owned motor vehicles, whether by permit holders or persons who do not possess a handgun carry permit, does not apply to persons who are otherwise prohibited from possessing firearms generally, or handguns specifically, due to a prior felony conviction or, a prior misdemeanor conviction for a crime of domestic violence, being subject to an order of protection, or is prohibited from possessing a firearm under any other provision of state or federal law.

[Oh Shoot]

I've thought about this ever since it was proposed, and I honestly still don't see how this changes anything in the existing statute.

Non HCP holder still can't have ammo or loaded mag in vicinity of the unloaded gun.

"It is a defense to prosecution, but not an exception to the offense..."

So this makes it an exception rather than a defense, I guess?

Which in real sense, does what?

- OS

[Worriedman]

I've thought about this ever since it was proposed, and I honestly still don't see how this changes anything in the existing statute.

Non HCP holder still can't have ammo or loaded mag in vicinity of the unloaded gun.

"It is a defense to prosecution, but not an exception to the offense..."

So this makes it an exception rather than a defense, I guess?

Which in real sense, does what?

- OS

Huge difference from the "Intent to go Armed" laws currently in force. Your average hunter headed to the deer stand, with his rifle in the cab of his truck and a few rounds in his hunting coat is now in violation of the Law. Stipulation for violation is "within reach", oft construed to mean in the same compartment, i.e. not in bed of truck, or in a car, not in the trunk. This Bill will allow ammo to be in the vicinity, just not in a magazine. Makes the average hunter legal to transport both firearm and ammo in the same compartment for the first time.

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.

is the key here, no prohibition for ammo "within reach" just not in magazine or clip in close proximity. Means the ammo can be there, boxed or loose, just not in the tube (shotgun) magazine or clip (rifle, handgun).

It extends the exception that having a HCP is a defense for those sans the HCP, with the added restriction that the magazine may not be loaded, and is a defense against the charge of "Intending to go Armed".

Edited April 10, 2010 by Worriedman

[Oh Shoot]

...Makes the average hunter legal to transport both firearm and ammo in the same compartment for the first time.

Ah, gotcha.

...no prohibition for ammo "within reach" just not in magazine or clip in close proximity.

Ah, glad we still have a gray area of interpretation with "close proximity". Wouldn't want any of the statutes to be crystal clear.

- OS

[Oh Shoot]

...Makes the average hunter legal to transport both firearm and ammo in the same compartment for the first time.

Ah, gotcha.

...no prohibition for ammo "within reach" just not in magazine or clip in close proximity.

Ah, glad we still have a gray area of interpretation with "close proximity". Wouldn't want any of the weapons statutes to be crystal clear.

- OS

[Worriedman]

Ah, glad we still have a gray area of interpretation with "close proximity". Wouldn't want any of the weapons statutes to be crystal clear.

- OS

So true!

"No man's life, liberty or fortune is safe while our legislature is in session." Benjamin Franklin

[Guest 270win]

The smart thing would be to completely remove long guns from the 'intent to go armed' statute to avoid hassling the hunters. My home state, Arkansas, does not even regulate the carrying of rifles and shotguns and it makes things easier on hunters. If the rifle is mag loaded...that's fine..chamber loaded...that's fine...unloaded...oh well...it doesn't matter because long guns are not really addressed for the most part under Arkansas weapons laws....just clubs, knives, handguns, knucks, switchblades, butterfly knives...etc.

[Guest pws_smokeyjones]

I always wondered why they don't just put in something about having a hunting license. Seems to me, if a person is carrying a hunting license and a long gun, AND it is during hunting season, then leave the man alone about where his dang ammo is and let him simply enjoy one of the great pleasures of living in the United States.