Defense to Prosecution bill

[Capbyrd]

Currently, TN is a Defense to Prosecution state.  Instead of NFA items just being outright legal, the law allows us a defense to prosecution.  That means that we could still be arrested and charged but we would have our stamps as a defense in court.  You can read more about that here. 


http://www.nfafa.org/WTF-Is-Defense-To-Prosecution.cfm

 

 

 

 

Todd Rathner has gotten sponsorship for a bill to change this.  The bill has a number now.  SB0181 (Companion HB0136)

http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=SB0181&GA=109

 

 

This bill gets rid of questionable wording and replaces it with wording that will make our firearms ownership completely legal.  


Because this bill has to do with NFA items, this could be potentially an uphill battle against the ignorant left.  Please start contacting your congress people and urge them to support this bill.  Its never too early to start and we can use all the help we can get.  


Also, if you haven't already, please consider joining the NFAFA.  NFAFA was started by Todd Rathner to change NFA laws all around the country.  If you aren't familiar with Todd, he worked with KnifeRights last year to help us legalized switchblades and long knives in TN.  Todd is also a member of the board of NRA.  He needs our support to pass this bill and others like it across the country.  

 

 

http://www.nfafa.org/

 

 

Also worth mentioning is that NFAFA will be having a raffle in the coming months for a lot of cool stuff.  Keep an eye out.  Follow on Facebook for the most up to date info on what Todd and NFAFA are doing.  

 

https://www.facebook.com/NFAFreedomAlliance

[Jamie Jackson]

Thank you Cap!  And a Thanks to Todd as well.

 

I did join NFAFA as soon as I learned of it, and I encourage as many as can to do so as well. It's money well spent imho.

I don't even own any NFA items, but I do want my Rights restored.

 

I agree this will be a challenge, but so was the change brought about to our antiquated knife laws... it happened! :up:

[ProfEngr]

Hope this gets a lot of traction. I'm sick and tired of the 'it's illegal but there's a "defense against X" written in.' Guilty until proven innocent. Bleh.

[Oh Shoot]

Is it named the Leonard Embody Act?

 

- OS

[DaveTN]

Is this used? Are there people charged by the DA when he knows they are legal and have a valid defense?

The change is a good idea; you should not have to go to court if you are not committing a crime. I just wonder if it happens or has ever happened.

Our local goofball doesn’t count; he was trying to get arrested, and refused to show the proper paperwork.

[Capbyrd]

Leonard had nothing to do with this bill. And it's rare, but people have been arrested under this.

[Dolomite_supafly]

BREAKING NEWS IN TENNESSEE!!!

 

On Tuesday March 10th the Tennessee Senate Judiciary Committee passed the NFAFA's Defense to Prosecution reform bill. SB0181 sponsored by Senator Mike Bell passed by a vote of 7 - 2. Now the bill moves to the Senate floor for their consideration. It's TIME to call your senator and politely request that they support SB0181 when it comes to the floor for a vote. This could happen any day now so if you live, work, or travel in Tennessee call and ema...il them now! You can find your senator here: http://www.capitol.tn.gov/senate/members/

 

The text of the actual bill is here:

http://www.capitol.tn.gov/Bills/109/Bill/SB0181.pdf

 

Reform of Defense to Prosecution laws is important because it makes NFA items 100% legal in the state where we pass it. To learn more about DTP reform go here: http://www.nfafa.org/WTF-Is-Defense-To-Prosecution.cfm

 

[Wingshooter]

:up: Nice. I'll email my senator to let him know of my support, but I know he already supports it (Mike Bell :) ). I'll email/call others too

[Lumber_Jack]

This post is straight from Todd Rathner with the NFA Freedom Alliance

 

BREAKING NEWS IN TENNESSEE!!!

On Tuesday March 10th the Tennessee Senate Judiciary Committee passed the NFAFA's Defense to Prosecution reform bill. SB0181 sponsored by Senator Mike Bell passed by a vote of 7 - 2. Now the bill moves to the Senate floor for their consideration. It's TIME to call your senator and politely request that they support SB0181 when it comes to the floor for a vote. This could happen any day now so if you live, work, or travel in Tennessee call and email them now! You can find your senator here:http://www.capitol.tn.gov/senate/members/

The text of the actual bill is here:http://www.capitol.tn.gov/Bills/109/Bill/SB0181.pdf

Reform of Defense to Prosecution laws is important because it makes NFA items 100% legal in the state where we pass it. To learn more about DTP reform go here: http://www.nfafa.org/WTF-Is-Defense-To-Prosecution.cfm

 

 

Tennessee Senate Members

 

 

[Capbyrd]

The bill passed the senate judiciary committee yesterday 7-2. It now moves to the full senate. I will update when it gets a date.

In the mean time, please call and email all of your state senators and urge them to vote yes on this bill.

[Lumber_Jack]

Oops apparently there was already a thread on the subject

http://www.tngunowners.com/forums/index.php?/topic/85423-Defense-to-Prosecution-bill Edited March 11, 2015 by Lumber_Jack

[GlockSpock]

Bell is my Senator as well. He seems to be a pretty swell guy. I emailed him last year in favor of his switchblade deal. Also struck up conversation about getting the "legal force" of postings removed. He seemed very interested in doing so. Should have done it to fit into this year's legislature but I guess that's too late.

 

Several of us should meet with him to discuss our concerns.

[GlockSpock]

 

BREAKING NEWS IN TENNESSEE!!!

 

On Tuesday March 10th the Tennessee Senate Judiciary Committee passed the NFAFA's Defense to Prosecution reform bill. SB0181 sponsored by Senator Mike Bell passed by a vote of 7 - 2. Now the bill moves to the Senate floor for their consideration. It's TIME to call your senator and politely request that they support SB0181 when it comes to the floor for a vote. This could happen any day now so if you live, work, or travel in Tennessee call and ema...il them now! You can find your senator here: http://www.capitol.tn.gov/senate/members/

 

The text of the actual bill is here:

http://www.capitol.tn.gov/Bills/109/Bill/SB0181.pdf

 

Reform of Defense to Prosecution laws is important because it makes NFA items 100% legal in the state where we pass it. To learn more about DTP reform go here: http://www.nfafa.org/WTF-Is-Defense-To-Prosecution.cfm

 

 

I am however surprised to see you enthusastic about this type of bill. I thought most considered these "federal law nullification" bills to be worthless. Thoughts?

 

EDIT: Nevermind. I realize now that this isn't so much as nullifying federal law but rather making the state prove you are guilty rather than you prove you are innocent.

Edited March 11, 2015 by CZ9MM

[bersaguy]

Done and sent........................... :up: :up:

[Dolomite_supafly]

I merged my thread from this morning with this one from a few days ago.

[JohnC]

Excellent! :up: 

[Capbyrd]

Passed the senate 30-3. Now we have to support the house version.

[Capbyrd]

House voted to Substitue the Senate version on 3/26.  They voted on the Senate version and passed it 91-0.  

 

 

It has been transmitted to Gov. for action.  

[Guest gunlobbyist]

FOR IMMEDIATE RELEASE

Contact: Todd Rathner Executive Director

todd@nfafa.org | (520) 404-8096

 

NFA WEAPONS NOW LEGAL IN TENNESSEE

TN Governor Bill Haslam Signs Reform to Defense To Prosecution Law

 

NASHVILLE, TENN. – In a major advance for NFA gun owners, Tennessee Governor Bill Haslam has signed a bill to reform Tennessee’s so-called “Defense to Prosecution Law” (DTP). , making NFA items legal in Tennessee.

 

DTP laws say that NFA items are technically illegal, but that the owner has a defense to prosecution if the item is registered with the BATFE pursuant to the National Firearms Act. The practical effect is that a person arrested for possession of an NFA item in a DTP state can offer the registration as a valid defense in court, but still must go through the expense, humiliation and ordeal of an arrest.

 

“When we were recently researching the various state laws relating to NFA ownership we were shocked to learn that in some states like Tennessee NFA items were technically illegal to possess. That’s when I decided we were going to do everything we could to fix that issue in those states. Governor Haslam’s signature on SB181 is the first step in fixing these laws in all those states” said Todd Rathner, executive director of the NFA Freedom Alliance.

 

“As an organization the NFA Freedom Alliance is not going to pretend these laws don’t exist, we are going to fix them, and Tennessee is just the beginning,” Rathner added.

 

The NFA Freedom Alliance is currently working on a similar bill (HB989 / SB473) in Texas.

 

The NFA Freedom Alliance would like to thank Governor Haslam as well as Tennessee State Senator Mike Bell and Representative Jeremy Faison for taking on this important issue and making NFA items LEGAL in Tennessee! The bill has an immediate effective date.

 

-end-

 

The NFA Freedom Alliance is the strongest direct action/lobbying organization working at the state and federal level to ease restrictions on the ownership, manufacture, sale, and use of items regulated by the National Firearms Act (NFA). www.nfafa.org

[Omega]

Ok, so now that it's past I have a question.  I am led to believe that there is a TN law (House Bill 1796) that you can make an NFA item (silencer) without a stamp if it is made in and stamped "Made in Tennessee".  But this one says said you could be arrested for an NFA item but could show a stamp as defense.  Where does that other law stand on this?  I know there was no case law yet, but why would you be legally able to make a silencer in TN and mark it "MADE in TN" but still be able to be arrested for it?

[DaveTN]

Where does that other law stand on this?

If by the “other law” you mean the "Tennessee Firearms Freedom act”; it hasn’t been tested. The Feds say they will throw you in jail. I don’t know why someone has to be arrested to test this; but apparently someone does. Or it could have to do with Montana’s law being shot down in the courts. Edited April 9, 2015 by DaveTN

[Oh Shoot]

Ok, so now that it's past I have a question.  I am led to believe that there is a TN law (House Bill 1796) that you can make an NFA item (silencer) without a stamp if it is made in and stamped "Made in Tennessee".  But this one says said you could be arrested for an NFA item but could show a stamp as defense.  Where does that other law stand on this?  I know there was no case law yet, but why would you be legally able to make a silencer in TN and mark it "MADE in TN" but still be able to be arrested for it?

 

Yeah, Interesting dichotomy there. Typical with TN weapons law.

 

'Course, ATF doesn't recognize any of the state "firearm freedom" laws, so it's no protection from federal felony prosecution.

 

- OS

Edited April 9, 2015 by Oh Shoot

[Hozzie]

The Feds don't recognize the pot laws either. I bet they would make you an example with an nfa item. I hope it's someone with stupid money who can test it.

[Omega]

I wish they would pass a law that if a law gets passed which contradicts another law, the older law is nullified. It may cut down on all these confusing laws.