Lundberg and Kelsey Kill Weaver's anti federal gun control bill with amenments.

[Worriedman]

Weaver's HB 1341 read (one upon a time)
 

 

HOUSE BILL 1341 By Weaver

 

AN ACT to amend Tennessee Code Annotated, Title 38, Chapter 3, relative to the use of public funds, property, and law enforcement personnel for certain reasons.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 38, Chapter 3,is amended by adding the following as a new section:

a.  On or after July 1, 2015, no public funds of this state, or any political subdivision of this state, shall    be allocated to the implementation, regulation, or enforcement of any federal law, executive order,rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories.

b.  On or after July 1, 2015, no personnel or property of this state, or any political subdivision of this state, shall be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories.

c.  For purposes of this section, “firearm” has the same meaning as defined in § 39-11-106.

 

Morphed into:

Civil Justice Committee 1

Amendment No. 1 to HB1341

                                                    Lundberg

                                          Signature of Sponsor

AMEND Senate Bill No. 1110*                                       House Bill No. 1341

by deleting all language after the enacting clause and substituting instead the following:

 

SECTION 1. Tennessee Code Annotated, Title 38, Chapter 3, is amended by adding the following as a new section:

 

1. On or after July 1, 2015, no public funds of this state, or any political subdivision of this state, shall be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of Tennessee statutory or common law or the Constitution of Tennessee.
2. On or after July 1, 2015, no personnel or property of this state, or any political subdivision of this state, shall be allocated to the implementation, regulation, or    enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories, if the use of personnel or property would result in the violation of Tennessee statutory or common law or the Constitution of Tennessee.
3. For purposes of this section, “firearm” has the same meaning as Defined in § 39-11-106.

 

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.

Brian (the Supremacy clause trumps the 10^th Amendment) Kelsey decided that dodge was not weak enough, so he killed that amendment in the Senate and added this:

 

Senate Judiciary Committee 1

 

                                       Amendment No. 1 to SB1110

                                                       Kelsey

                                            Signature of Sponsor

 

AMEND Senate Bill No. 1110*                                       House Bill No. 1341

 

by deleting all language after the enacting clause and substituting instead the following:

 

SECTION 1. Tennessee Code Annotated, Title 38, Chapter 3, is amended by adding the following as a new section:

 

a. On or after July 1, 2015, no public funds of this state, or any political subdivision of this state, shall be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.

 

b. On or after July 1, 2015, no personnel or property of this state, or any political subdivision of this state, shall be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories, if the use of personnel or property would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.

 

c. For purposes of this section, “firearm” has the same meaning as defined in § 39-11-106.

 

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.

A good bill got eviscerated, we got screwed, and we did not get kissed, again!  There are no statutes in our law to be violated...or as far at these folks are concerned.
 

Edited May 5, 2015 by Worriedman

[monkeylizard]

Do we really need a law that says "we won't spend money to do things that are against our laws"? I sort of thought that's why we have those laws to begin with.

Edited May 5, 2015 by monkeylizard

[300winmag]

That bill doesn't really accomplish anything for the average gun owner in this state and is just symbolic in the whole states' rights debates.

 

We needed solid bills that removed restrictions on handgun carry permits.  We're lucky the whole park bill passed and was signed into law after all the road blocks that were thrown in front of it.  I honestly was surprised that the car carry bill became law last year with very little media attention.  Those were both good bills that help the average gun owner.

Edited May 5, 2015 by 300winmag

[Worriedman]

The original bill by Weaver stated that the feds could not nationalize our State employees, nor use our funds to violate Constitutional laws, (the feds do this all the time in my opinion) this bill would have codified any new EO's from taking what few gun rights we have left away, but that's cool, if everybody else is on board with Lundburg and Kelsey on kissing the feds rear end, I will not bring it up again.

The "car carry bill" allows a 14 year old to scoot around with a fully loaded AK on board, but hey, its all good.

Edited May 5, 2015 by Worriedman

[GKar]

Yes,the supermajority at work again.  I saw those amendments get added, and just shook my head...and then laughed inside as post after post declared how TN was putting the boot to the Feds with this bill.  Boys and girls, you can bend over and take Ramsey's boot outta yer a$$, cause that's where the supermajority has rammed it over and over...till it meets no resistance, apparently...

[monkeylizard]

if everybody else is on board with Lundburg and Kelsey on kissing the feds rear end, I will not bring it up again.

 

My comment was about the revised bill. I see no point in it. I agree that the original bill is more than just a symbolic statement.

Edited May 6, 2015 by monkeylizard

[300winmag]

Have bills such as this bill passed in other states actually accomplished anything or were they mostly symbolic?  I guess considering how many crimes involve both federal and state/local police (often given fed credentials) working as teams, I don't see how state/local police could avoid enforcing federal gun laws in certain cases. 

 

I guess this would be similar to Colorado not having any drug laws against marijuana, but the drug is illegal on the federal level.  I'm going to assume that there are Colorado state or local police that are enforcing the fed drug laws as part of task forces with federal agencies.

Edited May 6, 2015 by 300winmag

[TennFire]

Tennessee Firearms Association helped Weaver with the original bill and it was specifically written to prohibit the use of state or local funds and personnel to implement or further implement any federal statute, rule, regulation or order relative to any 2nd Amendment topic.  Part of the theory was that the federal government has no authority under the 2nd Amendment to do anything that might be an "infringment" and that if it has chosen that path then it should be solely responsible for funding those enforcement / implementation needs.

The bill predictably received opposition from state and local law enforcement agencies as well as non-state organizations that advocate for law enforcement interests (e.g. grant or other funding). 

As I explored the "demanded" amendment it was conceded by those advocating for the amendment that if amended the bill would be allowed to proceed but that if amended it was also clear that it would not stop any ongoing activity in the state whereby state or local law enforcement are presently using or will in the future use state or local funding to enforce federal laws impacting the 2nd Amendment interests.   Specifically, the discussion included the concession that if the amendment was added then "no existing" activities of state or local government relative to enforcing these federal programs would be stopped or impeded.  Instead, it was clear from the proponents of the amendment that additional laws declaring specific federal action to violate TN law or the TN constitution would be required before anything would be stopped.

While the "law enforcement" intervention to protect its funding came while the bills were in the committees overseen by Sen. Kelsey and Rep. Lunberg, the actual "proponents" involving in moving the amendment or threatening to kill the bill if not amended included other Republicans presently in the general assembly.

 

 

[Worriedman]

While the "law enforcement" intervention to protect its funding came while the bills were in the committees overseen by Sen. Kelsey and Rep. Lunberg, the actual "proponents" involving in moving the amendment or threatening to kill the bill if not amended included other Republicans presently in the general assembly.

I am sure that is true.