Any person of a unlawful sale or gift of firearm in tn.?

[ted]

16. SB1104 by *Kyle. (*HB0036 by *Parkinson.) vid clock time on vid 3:53
Criminal Offenses - As introduced, declares that any person convicted for the unlawful sale, gift or loan of a firearm to a minor or intoxicated person be punished as criminally responsible for any resulting crime; requires the person serve all the time sentenced without parole. - Amends TCA Title 39, Chapter 17 and Title 40. And this one about 15. SB0570 by *Niceley. (*HB0006 by *Watson.) vid time clock 2:43
Teachers, Principals and School Personnel - As introduced, allows K-12 school personnel to possess a firearm on school property if the person has a handgun carry permit, is authorized by the school superintendent, has had 40 hours of basic school policing training and uses frangible bullets. - Amends TCA Title 39, Chapter 17, Part 13 and Title 49, Chapter 6. Watch full vid to find them http://tnga.granicus.com/MediaPlayer.php?view_id=262&clip_id=7746 Edited April 14, 2013 by ted

[ted]

So in other words if you loan or give a firearm as a gift and some one commits a crime with it you will go to jail for the same said crime in the state of tn. Is that what it is saying ?? Even though you did not commit the crime ??

[Oh Shoot]

So in other words if you loan or give a firearm as a gift and some one commits a crime with it you will go to jail for the same said crime in the state of tn. Is that what it is saying ?? Even though you did not commit the crime ??

 

Doesn't make any sense, hopefully goes nowhere.

 

It's legal to gift a firearm to a minor for lawful sporting purposes. Sure, he could go nuts before he's 18 and kill somebody. Are you still culpable if he does it at 18 years old?

 

Should you also be culpable if your minor kid you gave a car to kills somebody with it? How about a pellet gun, or pocketknife, or golf club, or baseball bat?

 

- OS

[monkeylizard]

So in other words if you loan or give a firearm as a gift and some one commits a crime with it you will go to jail for the same said crime in the state of tn. Is that what it is saying ?? Even though you did not commit the crime ??

 

If the proposed change is as it's written above, it does say the unlawful sale, gift or loan to a minor or intoxicated person. So no, it wouldn't apply to just anyone you might give, sell or loan a firearm to.

 

Intoxicated person is an easy one. Minor is the hard one. 39-17-1319 says under 18 can not possess a handgun and lists out a littany of exceptions. If you sold, gifted or loaned a handgun to a minor and they didn't meet those exceptions, I suppose this new wording would apply, because that would be an unlawful transfer. That only deals with handguns, not long guns. The only way I know if for a loan, sale, or gift of a long gun to a minor to be unlawful is if the minor is otherwise prohibited from possession, such as being a convicted felon. I suppose there are some others (like selling/gifting a Class-3 item).

 

I'm confused that it says these ammend 39-17-13-40 and 49. There is no 39-17-13-40 or 49. Are 40 and 49 new proposals and these are amendments to them? This sounds more like an extension of 39-17-13-03 and makes the giver/seller/loaner liable for commited crimes in addition to the 39-17-13-03 misdemeanor.

 

39-17-1303.  Unlawful sale, loan or gift of firearm.

  (a ) A person commits an offense who:

   (1 ) Intentionally, knowingly or recklessly sells, loans or makes a gift of a firearm or switchblade knife to a minor;

   (2 ) Intentionally, knowingly or recklessly sells a firearm or ammunition for a firearm to a person who is intoxicated; or

   (3 ) Intentionally, knowingly, recklessly or with criminal negligence violates the provisions of § 39-17-1316.

(b ) It is a defense to prosecution under subdivision (a)(1) that:

   (1 ) A firearm was loaned or given to a minor for the purposes of hunting, trapping, fishing, camping, sport shooting or any other lawful sporting activity; and

   (2 ) The person is not required to obtain a license under § 39-17-1316.

(c ) For purposes of this section, "intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

(d ) An offense under this section is a Class A misdemeanor.

[Oh Shoot]

If the proposed change is as it's written above, it does say the unlawful sale, gift or loan to a minor or intoxicated person. So no, it wouldn't apply to just anyone you might give, sell or loan a firearm to.

 

Yeah, I didn't think it through my better than bill sponsor did. ;)

 

It's already illegal to sell a firearm to a minor, since the only defense is for loaning or gifting. So have to be proven it was sold and not given/loaned, I suppose.

 

And proving someone was drunk ain't necessarily so easy either, impossible without witnesses I reckon.

 

- OS

[Worriedman]

Just some more of that Republican "Government Easing", less government, more private property Rights support, Haslam/Harwell/Ramsey get done early legislative session think!

[Capbyrd]

Actually I kind of support this one.  


 

 

Generally, under present law, it is a Class A misdemeanor for a person to:

(1) Intentionally, knowingly or recklessly sell, loan or make a gift of a firearm or switchblade knife to a minor;
(2) Intentionally, knowingly or recklessly sell a firearm or ammunition for a firearm to a person who is intoxicated; or
(3) Intentionally, knowingly, recklessly or with criminal negligence violate present law regarding the sale of dangerous weapons, which, among other things, makes it a Class A misdemeanor for a person to sell or offer to sell a firearm to a person knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm.

This bill specifies that a person in violation of the above offense would be criminally responsible for any crime that occurs from the use of the unlawfully sold, loaned or gifted firearm. Upon conviction, the person would be required to serve the entire sentence imposed by the court undiminished by any sentence reduction credits the person may be eligible for or earn.

 

 

 

 

The burden on the state would be to prove unlawful transaction and if they can sufficiently prove that, then I'm okay with both parties being charged with the crime.  I'll have to think this through a little more but my initial response is that it ain't all that bad!