Please Explain HB0136

[TnEngineer]

Here it is:

As introduced, creates an exception to the offense of possession of a machine gun, short-barreled rifle or shotgun, or a firearm silencer that the person was in compliance with the National Firearms Act when possessing. - Amends TCA Section 39-17-1302

 

So in other words if I had an SBS and was in compliance with NFA [paid the tax, did the paperwork] then I am still in compliance??

Seems to contradict itself.

 

I was already in compliance with NFA and with this law, I am still in compliance with NFA?

 

Weird

[Photoguy67]

Tennessee is a state that even owning NFA items you can still be arrested. (I can't remember the term) but the proper documentation is a defense to prosecution and they are trying to pass language that precludes you from even being arrested in the first place. As I understand it, this is a good bill.

[Oh Shoot]

Who has ever been arrested for possession of a legally stamped NFA item, except Kwik?

 

And the only reason he was, because he refused to show paperwork.  Apparently neither federal nor TN law requires you to carry the documentation with you, since it is after all a federal tax document.

 

Unless this means that TN LE is supposed to just take for granted that your NFA firearm is legally registered (which is not in the wording), what does this bill change?

 

- OS

Edited February 15, 2015 by Oh Shoot

[Photoguy67]

There was a man in Texas arrested for it. Texas has the same law Tennessee has, so some people are pushing to have it changed before it becomes a problem. But to answer your question, I am not sure that anyone in Tennessee has been arrested for except Leonard Embody which is what he wanted to happen.

[Oh Shoot]

There was a man in Texas arrested for it. Texas has the same law Tennessee has, so some people are pushing to have it changed before it becomes a problem. But to answer your question, I am not sure that anyone in Tennessee has been arrested for except Leonard Embody which is what he wanted to happen.

 

So again, though, if you don't carry the paperwork with you, is LE supposed to just take your word for it if this passes? Or does it indirectly demand that you carry it with you, in opposition to federal law?

 

- OS

[DaveTN]

It removes 7(*b*) the “defense to prosecution” and creates a new section making it “an exception to the application”.

It also changes “validly registered to the person under federal law in the National Firearms Registration and Transfer Records. A person who acquires or possesses a firearm registered as required by this subdivision (*b*)(7) shall retain proof of registration.” To “is in full compliance with the requirements of the National Firearms Act, codified in 26 U.S.C., Sections 5841-5862”.

As far as being charged with an NFA item; this changes things, but I doubt anyone has been charged that was in compliance and told the cops that. There may be an answer to the requirement to show proof in the Federal law quoted; I don’t know, I haven’t read it.

[Photoguy67]

So again, though, if you don't carry the paperwork with you, is LE supposed to just take your word for it if this passes? Or does it indirectly demand that you carry it with you, in opposition to federal law?

 

- OS

The only problem (as was explained to me) is even with paperwork, you can still be charged the way it's currently worded. 

[JayC]

I think it would do just that...  LE should assume that all items you own are legally unless they have specific cause to believe otherwise...  This change would do just that...  Much like seeing a loaded firearm in a vehicle now, the police must assume the firearm is legal unless they have PC to believe otherwise.

 

Also, there is a little loophole in the current law involving businesses, which *might* also impact NFA Trusts under the current law...  This change would fix that IMHO.

 

Who has ever been arrested for possession of a legally stamped NFA item, except Kwik?

 

And the only reason he was, because he refused to show paperwork.  Apparently neither federal nor TN law requires you to carry the documentation with you, since it is after all a federal tax document.

 

Unless this means that TN LE is supposed to just take for granted that your NFA firearm is legally registered (which is not in the wording), what does this bill change?

 

- OS

Edited February 16, 2015 by JayC