HB0320 (Matheny): HCP holders privileges same as off-duty LEO

[GKar]

From the bill, found here  :

 

SECTION 1. Tennessee Code Annotated, Section 39-17-1351( B), is amended by adding the following language to the end of the subsection:

 

The holder of a valid handgun carry permit issued pursuant to this section shall have the same rights, privileges, and prohibitions regarding the carrying of firearms, as permitted by state law, of any law enforcement officer, as defined in § 39-17-1350(d), who is not engaged in the actual discharge of official duties.

 

SECTION 2. This act shall take effect July 1, 2015, the public welfare requiring it.

 

--------------------------------------------------------------------------------------

 

Given Matheny's current positioning in the eyes of the leadership, I'd hazard a guess that this one has less chance than the proverbial snowball...but it is an interesting approach.

Edited February 5, 2015 by GKar

[300winmag]

This is a good bill that gives handgun carry permits the fix that we need.  You then can carry in parks, no guns locations, schools, etc. without worrying about weapons charges.  Of course you can be asked to leave, but that is a whole lot better than the situation now.

[jaxjohn419]

it's actually HB0320. SB0320 deals with autopsies... Just making sure everyone knows this...

[GKar]

it's actually HB0320. SB0320 deals with autopsies... Just making sure everyone knows this...

Thnx.  Fixed title.

[monkeylizard]

This is a good bill that gives handgun carry permits the fix that we need. You then can carry in parks, no guns locations, schools, etc. without worrying about weapons charges. Of course you can be asked to leave, but that is a whole lot better than the situation now.

 

Sort of.

 

1350 says LEO can't carry off-duty in schools during regular school hours unless they immediately notify the principal (or aother admin if principal isn't available). If this bill passes, we'd have to do the same. I suppose after hours parent-teacher meetings would be OK, but that's sort of splitting hairs about "regular school hours".

Edited February 5, 2015 by monkeylizard

[btq96r]

It's the way it should be.  The public and law enforcement shouldn't have any distinctions on what type of weapons they can carry and where.

[Caster]

Hadn't heard of this one.  So when the old lady has to go to the hospital or I have to go to the courthouse to get my tags...This means I'm good?

[monkeylizard]

Hadn't heard of this one.  So when the old lady has to go to the hospital or I have to go to the courthouse to get my tags...This means I'm good?

 

Tags yes, court proceedings no. 1350 doesn't apply to off-duty LEO attending judicial proceedings.

[Caster]

Tags yes, court proceedings no. 1350 doesn't apply to off-duty LEO attending judicial proceedings.

 

 

Well, never been in a court room in my life....'cept you count that field trip in 5th grade.  Don't intend on ever being in one, so I'm calling it good.  

[Radlink54]

I sent the representative an email of support with a cc to my rep asking him to get on board with revising posting laws. If we all did the same, maybe it would help.


Sent from my iPad using Tapatalk

[GKar]

A Nov 2010 TN AG opinion addresses "regular school hours" as such, and not applicable to after-hours activities.  It also indicates that the generalized allowances for off-duty LEOs do not necessarily apply to Rutherford and Bedford counties, per subsection (e)...

 

Its here.

Edited February 5, 2015 by GKar

[monkeylizard]

Does anyone know why Rutherford and Bedford are special?

[300winmag]

We need to get behind this bill.  This would be a good bill to fix a lot of problems.  Hopefully there is a Senate sponsor and we can get different gun rights groups to encourage this to be passed.

[DaveTN]

That should apply to all gun owners’ not just HCP holders. My gun privileges as a cop were the same on duty as they were off duty; that would be even better.


Sorry, I’m just tired of the “baby steps” mentality. Illinois could be a Constitutional carry state before Tennessee the ways things are going.

[Worriedman]

Had not seen this one either, kicked it up to some Senate folks who might be amenable.  It is not Constitutional Carry, but I'd like to move the ball this much on Haslam's defense...

[Jamie Jackson]

I did write my Rep. and will continue to follow this.

 

I understand the frustration Dave and feel much the same way...but baby steps beat no steps... Hang in there.

[Capbyrd]

(a) Notwithstanding any law to the contrary, any law enforcement officer may carry firearms at all times and in all places within Tennessee, on-duty or off-duty, regardless of the officer's regular duty hours or assignments, except as provided by subsection (c), federal law, lawful orders of court or the written directives of the executive supervisor of the employing agency.


(c) The authority conferred by this section shall not extend to a law enforcement officer:

   (1) Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office;

   (2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance or controlled substance analogue; or

   (3) Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding.

[QuietDan]

Wow. This is very supportable. This is sooooooo close to Constitutional Carry (though it isn't). I could certainly live with this. And, the language casts it all in a very sensible light, just the way it's presented makes it sound very sensible, very politically easy to vote for. IMO.

[300winmag]

This is the best bill out of all the bills introduced that would help people with handgun carry permits.  It is short, clean, and makes too much sense.  We'll see if it makes too much sense for the politicians.

 

We would basically have an enhanced permit like people in Mississippi have and can carry anywhere legally except courtrooms during court.  I'm sure you'd get asked to leave if you notify a school you are carrying, but that is a whole lot better than being arrested and charged with a criminal charge.

 

I think it would be great if the TGO folks got behind this bill.  TGO folks that live in this rep's district need to contact the representative and thank him for this bill.

Edited February 10, 2015 by 300winmag

[Oh Shoot]

 

We would basically have an enhanced permit like people in Mississippi have and can carry anywhere legally except courtrooms during court.....

 

You know, "normal" firearm possession in court is not  banned by TN law as everyone says. It only bans possession of the prohibited weapons in 39-17-1302.

 

So does the parks statute, btw, only bans the ones in 1302.

 

- OS

[Worriedman]

We now have a Senate sponsor, Sen Paul Bailey (SB0628).  Both filed for intro, here we go.

[Hozzie]

I wrote to my Rep (Casada) and Senator (Johnson) this morning.  I sent the email at 7:37 and had a response from Glen Casada at 8:28.  Not too bad.  Below is his response.  While not unequivocal, it is encouraging.  I would recommend anyone in their district (Frankin, Brentwood) do the same so we get a good show of support.

 

Hi Jamie,

 

Thank you for your letter and thoughts.  I will pull this bill for study, but I feel confident this is something I will support.  Please continue to contact me on this or any issue of importance to you

 

Sincerely

glen

 

From: Jamie H
Sent: Wednesday, February 11, 2015 7:37 AM
To: Glen Casada; Jack Johnson
Subject: Support for HB0320/SB0628

 

Dear Representative Casada and Senator Johnson,

 

As a law abiding citizen and HCP holder in your district, I am writing to you asking for your support of HB0320 and SB0628 respectively.   Today, without any ill intent or willful disregard for the law, HCP holders are at undue risk of breaking the law due to poorly and/or overly burdensome laws with regard to when and where we can carry a firearm for personal protection.  

 

I believe these bills would not only make the law easier to understand, but would also improve the overall safety of Tennessee citizens. This in no way prevents a person, business, or government agency from asking an HCP holder to leave if so chosen, and as long as the HCP holder complies, there can be no legal grounds for prosecution.

 

We need clear, concise laws that give law abiding citizens the right to self protection without the fear of arbitrary prosecution.  I would prefer constitutional carry as the law, but this will improve the existing laws until that time comes.

 

Thank you for your time and support.

[300winmag]

That is a good email.  Hopefully others can help get the ball rolling.  Has anyone contacted the NRA to see if the NRA will get behind this bill?  Is it worth even contacting the NRA?

[ProfEngr]

You know, "normal" firearm possession in court is not  banned by TN law as everyone says. It only bans possession of the prohibited weapons in 39-17-1302.

 

So does the parks statute, btw, only bans the ones in 1302.

 

- OS

Now to go look at that section and see how ridiculous it might be.

[monkeylizard]

Hozzie, can I steal use your email text?