SB0397: NO PERMIT REQUIRED

[graywolf]

Got this email from my son this morning. He wrote to EVERY legislator, seeking to have changes made in the gun laws of our state. Apparently, one man listened! Tennesseans, let's get behind this -- write your state legislators!

~ graywolf

Stacey Campfield is bucking the system.. Looks like he read my letter

more than once.. We must support this bill and write our House of

Representatives! It needs a sponsor in the House. I am linking and

quoting the bill:

Bill Summary

*SB 0397 by *Campfield.

Firearms and Ammunition - As introduced, authorizes certain persons over

21 to carry a firearm without a permit; provides endorsements on driver

licenses of persons who obtain a handgun carry permit; makes permanent

the issuance of a handgun carry permit. - Amends TCA Title 39, Chapter

17 and Title 55, Chapter 50.

Fiscal Summary

Not Available

Bill Summary

This bill authorizes any resident of Tennessee who is a United States

citizen or permanent lawful resident, who has reached 21 years of age,

and who is not prohibited from purchasing or possessing a firearm under

state or federal law, to carry a firearm in this state except as

otherwise prohibited by law. A handgun carry permit would not be

required to carry a handgun in this state if a person meets these

requirements. A resident of this state who is so authorized to carry a

handgun may carry a handgun in any other state with which this state has

entered into an agreement of reciprocity for handgun permits.

Under present law, it is an offense to carry with the intent to go armed

a firearm, a knife with a blade length exceeding four inches, or a club.

The offense is punishable as follows:

(1) The first violation is a Class C misdemeanor, and, in addition to

possible imprisonment as provided by law, may be punished by a fine of

up to $500;

(2) A second or subsequent violation is a Class B misdemeanor; and

(3) A violation is a Class A misdemeanor if the person's carrying of a

handgun occurred at a place open to the public where one or more persons

were present.

This bill revises this offense to instead make it an offense for a

person to carry a weapon, openly or concealed, with the intent or avowed

purpose of "injuring a fellow man." This offense would be punished as

described above in (1) and (2).

This bill makes it a Class C misdemeanor for a person to fail to

accurately answer a law enforcement officer if the officer contacts the

person and asks whether the person is carrying a concealed deadly weapon.

Generally, under present law, a handgun carry permit is good for four

years, at the end of which the permit must be renewed. This bill revises

this provision to instead specify that, unless suspended or revoked, a

handgun carry permit would not expire and would not need to be renewed.

Present law requires that a handgun carry permit be issued on a

wallet-sized card with certain information on it, such as the permit

holder's name, a color photo of the permit holder, and the permit number

and expiration date. This bill revises this requirement to instead

require that the permit be issued by the department of safety as an

endorsement on a state driver license. Firearms permit endorsements

would be added to state driver licenses as they are issued or replaced.

Handgun carry permits issued prior to the effective date of this bill

would remain valid until a firearm permit endorsement is placed on the

permit holder's driver license.

If you would, please pass this on to whomever you feel will write.

[Guest KimberChick]

"This bill revises this offense to instead make it an offense for a

person to carry a weapon, openly or concealed, with the intent or avowed

purpose of "injuring a fellow man." This offense would be punished as

described above in (1) and (2)."

Huh? Seems like a good lawyer would be able to prove the purpose of "injuring a fellow man" simply because you decided to carry a weapon in a non-hunting caliber should there be any gray area in a self-defense situation. I mean, I don't carry a handgun to shoot bunnies, that's for damned sure. So basically, I carry in preparation for injuring my fellow man should the need arise to protect myself.

[Oh Shoot]

... So basically, I carry in preparation for injuring my fellow man should the need arise to protect myself.

Yeah,that whole "injuring a fellow man" thing is as screwy as Stacey is. (he got my vote, though).

- OS

[macville]

I believe the intent of that wording is to make it so you can charge someone if they are caught carrying right before they commit an act of violence. For example, if you are caught and then they find a note that says you are going to harm so and so. I understand the intent, but think the wording could be more clear. Or, just let other laws already in place do what they are supposed to.

[Guest bkelm18]

I'll support it I guess, but it's got a snowball's chance.

[Fallguy]

I believe the intent of that wording is to make it so you can charge someone if they are caught carrying right before they commit an act of violence. For example, if you are caught and then they find a note that says you are going to harm so and so. I understand the intent, but think the wording could be more clear. Or, just let other laws already in place do what they are supposed to.

My understanding as well..

If someone says, "I'm going to go (kill/shoot/f'up,etc....) so so" then you could charge them. Otherwise even though they've said those things...their carry of an arm is still legal and would be harder to do anything about.

[Fallguy]

I'll support it I guess, but it's got a snowball's chance.

Agree...on boths parts...

[Guest UberDuper]

Looks like an attempt to mount an "equal protection" case to push national permits. By putting the permit on a state drivers license you could make the case that it has to be honored in all states.

That and the wishy washy language.. I wouldn't support this.

[NextExit]

Am I reading this right? I wouldn't need a permit to carry, but I would need an endorsement on my license? What if a person didn't drive? How many states would we lose reciprocity with? Not sure about this one.....

[DRM]

It amazes me why anyone would not support this.

[Guest ArmyVeteran37214]

Am I reading this right? I wouldn't need a permit to carry, but I would need an endorsement on my license? What if a person didn't drive? How many states would we lose reciprocity with? Not sure about this one.....

You wouldn't need a permit to carry, however the permit system would still be available for those who would still want reciprocity with other states. The permit would become an endorsement on you DL. I stated once before some where on here that they need to include putting the endorsement on a state ID card for those without a DL.

[Guest nosnos]

A handgun carry permit would not be

required to carry a handgun in this state if a person meets these

requirements. A resident of this state who is so authorized to carry a

handgun may carry a handgun in any other state with which this state has

entered into an agreement of reciprocity for handgun permits.

Seems like a TN resident meeting legal rquirements to carry would automatically be able to carry in states with an agreement of reciprocity. This might be complicated...

[Oh Shoot]

Seems like a TN resident meeting legal rquirements to carry would automatically be able to carry in states with an agreement of reciprocity. This might be complicated...

Only about half of the states we can carry in with a TN HCP have actual reciprocity agreement.

- OS

[DaveTN]

THIS IS BIG!!

This should be a sticky and every person on this board should write (real letters in envelops) to their Senators and Congressmen showing support for this.

I don’t really like the “injuring fellow man†BS. That’s already covered by other laws and could be used against us.

This is as close as you can get to the right to keep and bear arms without actually acknowledging it as a 2nd Amendment, and state Constitutional right.

[DaveTN]

Seems like a TN resident meeting legal rquirements to carry would automatically be able to carry in states with an agreement of reciprocity. This might be complicated...

I doubt that; Tennessee doesn’t make that decision. For most states to agree to reciprocity they will require that you attend some kind of training class and qualification. That’s the reason the HCP would need to stay in place.

[LagerHead]

Am I reading this right? I wouldn't need a permit to carry, but I would need an endorsement on my license? What if a person didn't drive? How many states would we lose reciprocity with? Not sure about this one.....

If you don't drive you are still required to have identification issued by the state which looks just like a driver's license. My guess is that it would be indicated on there in a very similar, if not the exact same fashion.

Also you wouldn't lose reciprocity with any states because this does not change the requirements to get a permit. It just means the permit is optional. So if you want to carry outside of Tennessee, get the permit and other states will still honor it because their decision to honor it or not is based upon the requirements to get it.

[Oh Shoot]

...get the permit and other states will still honor it because their decision to honor it or not is based upon the requirements to get it.

Well, some may care about requirements, some don't.

TN, for example, recognizes ALL other states' permits. Even the 3 issued in Hawaii.

- OS

[LagerHead]

Well, some may care about requirements, some don't.

TN, for example, recognizes ALL other states' permits. Even the 3 issued in Hawaii.

- OS

I did not know that. I thought we only recognized a few. I sit corrected.

Tennessee now recognizes a facially valid handgun permit, firearms permit, weapons permit, or a license issued by another state according to its terms, and will, therefore, authorize the holder of such out-of-state permit or license to carry a handgun only in the state of Tennessee.

Handgun Carry Permit Reciprocity Information

[Oh Shoot]

I did not know that. I thought we only recognized a few.....

Alaska does too. Probably some more, I've not made a study of it or anything.

- OS

[RobertNashville]

I believe what is commonly called "Constitutional carry" will eventually be a reality in Tennessee as it now is in Vermont, Arizona and Alaska if memory serves. However, while I do and will support this bill, it seems to me that what really needs to happen to make this a reality is not simply a legislative bill but an actual change to the Tennessee constitution???

[Oh Shoot]

I believe what is commonly called "Constitutional carry" will eventually be a reality in Tennessee as it now is in Vermont, Arizona and Alaska if memory serves. ,,,

And now recently, Wyoming.

- OS

[Fallguy]

If you don't drive you are still required to have identification issued by the state which looks just like a driver's license.

Can you elaborate?

If you are just standing on the corner, not driving, not carrying etc.... Nothing in TN law requires you to have a State issued ID on you.

[RobertNashville]

If you don't drive you are still required to have identification issued by the state which looks just like a driver's license...

My apologies up front to the OP for asking a somewhat non-related question but I don't believe the above is factual.

To the best of my knowledge (admittedly not perfect <smile>) no on in this country is "required" to have a state issued ID or any ID at all for that matter. I realize that as practical matter and fo many practical reasons we really do need to carry ID but "required"...I don't believe so.

I believe that part of the outcry about a "National ID Card" was based, in part, on our freedom to travel around our country without the need to "present our papers".

[Fallguy]

And now recently, Wyoming.

- OS

However Wyoning only applies to Wyoming residents, not non-residents.

Just as this bill would only apply to TN residents....

[Oh Shoot]

However Wyoning only applies to Wyoming residents, not non-residents. ...

Oh really? I did not catch that in all the hoopla, thanks.

- OS