Worriedman

Bill passed out of Civil Justice, now to Finance it makes the State money but will have to be considered as it involves money. Next week in the Senate, that is the heavy lift.

Should get voted on today, if those in charge of committees don't let the Administration and Moms Demand Action (funny how those two groups seem syncopated against your 2nd Amendment Rights) run the clock our jabbering lies and untruths. It is becoming clear to me the TBI, the Department of Safety, the Sheriffs Association and the Chiefs of Police along with the governor are attempting to create a 4th Branch of government...They are falling right in line with Bloomberg! I am loading up and headed back, today is important.

I don't think the Director has read the case... “[The purpose of the Second Amendment is] to secure a well-armed militia .... But a militia would be useless unless the citizens were enabled to exercise themselves in the use of warlike weapons. To preserve this privilege, and to secure to the people the ability to oppose themselves in military force against the usurpations of government, as well as against enemies from without, that government is forbidden by any law or proceeding to invade or destroy the right to keep and bear arms .... The clause is analogous to the one securing the freedom of speech and of the press. Freedom, not license, is secured; the fair use, not the libellous abuse, is protected.” J. Pomeroy, An Introduction to the Constitutional Law of the United States 152–153 (1868) District of Columbia et al. v. Heller, 554 U.S. 570, 618 (2008) Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The 18th-century meaning is no different from the meaning today. The 1773 edition of Samuel Johnson's dictionary defined “arms” as “weapons of offence, or armour of defence.” 1 Dictionary of the English Language 106 (4th ed.) (reprinted 1978) (hereinafter Johnson). Timothy Cunningham's important 1771 legal dictionary defined “arms” as “any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.” 1 A New and Complete Law Dictionary; see also N. Webster, American Dictionary of the English Language (1828) (reprinted 1989) (hereinafter Webster) (similar). The term was applied, then as now, to weapons that were not specifically designed for military use and were not employed in a military capacity. For instance, Cunningham's legal dictionary gave as an example of usage: “Servants and labourers shall use bows and arrows on Sundays, & c. and not bear other arms.” See also, e.g., An Act for the trial of Negroes, 1797 Del. Laws ch. XLIII, § 6, in 1 First Laws of the State of Delaware 102, 104 (J. Cushing ed.1981 (pt. 1)); see generally State v. Duke, 42 Tex. 455, 458 (1874) (citing decisions of state courts construing “arms”). Although one founding-era thesaurus limited “arms” (as opposed to “weapons”) to “instruments of offence generally made use of in war,” even that source stated that all firearms constituted “arms.” 1 J. Trusler, The Distinction Between Words Esteemed Synonymous in the English Language 37 (3d ed. 1794) (emphasis added). Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U.S. 844, 849, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U.S. 27, 35–36, 121 S.Ct. 2038, 150 L.Ed.2d 94 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding. District of Columbia et al. v. Heller, 554 U.S. 570, 581-82 (2008) ““[O]rdinarily when called for [militia] service [able-bodied] men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.” ” District of Columbia et al. v. Heller, 554 U.S. 570, 624 (2008) “In the colonial and revolutionary war era, [small-arms] weapons used by militiamen and weapons used in defense of person and home were one and the same.” State v. Kessler,289 Ore. 359, 368, 614 P.2d 94, 98 (1980) (citing G. Neumann, Swords and Blades of the American Revolution 6–15, 252–254 (1973)) District of Columbia et al. v. Heller, 554 U.S. 570, 624-25 (2008) It may be objected that if weapons that are most useful in military service—M–16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment's ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty. It may well be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large. District of Columbia et al. v. Heller, 554 U.S. 570, 627 (2008)

This is part of the testimony by the ex Chief of Police David B. Rausch from Knoxville, now Director of the TBI. I have further testimony and it is every bit as bad and denotes the Admiration's desire to rule rather than serve.

I sat in Senate Judiciary Committee Meeting yesterday and watched every substantive gun bill get strangled to death by the gun hating picksby McNally on that committee. As usual, Sen.s Kerry Roberts and Dawn White voted in favor of less regulation but they are too few and that is by design. At least the new NRA Lobbyist was able to witness the terrible performance, and he seems to be a straight shooter (no pun intended) but what the bosses in Washington will back him on remains to be seen, but so far he s sending out alerts and is supportive of our efforts. Which leads me to the final chance for positive movement for the year, HB 1005/SB 1503. TI is the last one standing and will be in Civil Justice full today and next Tuesday in the Senate Judiciary. It has been amended to take out the loss of Civil Immunity for places that post against lawful carry, (McNally and Chamber of Commerce insistence) but it still removes 1307 (a) and changes to 18 for carry and permits and adds long guns into the permissible weapons list. Stevens has it in the Senate and he asked to roll it to see if it comes out of the House intact, and even mothed some platitudes I sent him from the Bruen case to appear supportive of his own bill... Down to the wire today and next week for anything to get accomplished.

Has passed full Civil Justice and will be on the floor Tuesday night. It has to be read twice in floor sessions by the clerk, then Jay can describe it the third time and there will be a vote. If it passes full house it will be taken up by the Senate next year and passage by both houses for two years running, it will go on the ballot in 2026.

McNally has said he was upset with the new AG deciding to agree with the plaintiffs in the Beeler case. He wants to take that power away from the office and suck it into the Legislators. That would be for sure putting the fox in charge of the hen house. He is ticked about the 18 year old thing, but does not want to take their ability to vote away or get married, sign contracts... He hates his status as king to be challenged.

I have to keep calling my Attorney buds, they have software that can get the updates, it is still about 18 days out I think.

Department of Safety and TBI got cold feet, and did not want to remove the "Intent to go armed" following talks with their masters, so they pulled support to strike the clause, Chairman Ragan will run his original bill to define the term. I smell another law suit coming.

Latest Amendment to HB 1005 Amendment No. Signature of Sponsor AMEND Senate Bill No. 1503 House Bill No. 1005* by deleting all language after the enacting clause and substituting: SECTION 1. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (a). SECTION 2. Tennessee Code Annotated, Section 39-17-1307(b)(1), is amended by deleting "unlawfully". SECTION 3. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (e). SECTION 4. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (g). SECTION 5. Tennessee Code Annotated, Section 39-17-1313(a), is amended by deleting "lawfully carries a handgun pursuant to § 39-17-1307(g)" and substituting "is not prohibited from possessing or carrying a firearm". SECTION 6. Tennessee Code Annotated, Section 39-17-1364, is amended by deleting "§ 39-17-1307, or". SECTION 7. Tennessee Code Annotated, Section 39-17-1351, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "handguns" wherever it appears and substituting instead the language "firearms". SECTION 8. Tennessee Code Annotated, Section 39-17-1351(r)(1), is amended by deleting the subdivision and substituting instead: (1) A facially valid handgun permit, firearms permit, weapons permit, or license issued by another state shall be valid in this state according to its terms and shall be treated as if it is a firearm carry permit issued by this state. SECTION 9. Tennessee Code Annotated, Section 39-17-1365, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 10. Tennessee Code Annotated, Section 39-17-1366, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "handguns" wherever it appears and substituting instead the language "firearms". SECTION 11. Tennessee Code Annotated, Section 10-7-504(a)(2)(A), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit" and by deleting the language "handgun carry permits" and substituting instead the language "firearm carry permits". SECTION 12. Tennessee Code Annotated, Section 10-7-504(o), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit" and by deleting the language "handgun permit holder" and substituting instead the language "firearm carry permit holder". SECTION 13. Tennessee Code Annotated, Section 33-6-413(b), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 14. Tennessee Code Annotated, Section 36-3-626, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "as defined in § 39-17-1319" and substituting "as defined in § 39- 11-106". SECTION 15. Tennessee Code Annotated, Section 38-3-122(c), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 16. Tennessee Code Annotated, Section 38-6-105, is amended by deleting the language "handgun permit" and substituting instead the language "firearm carry permit". SECTION 17. Tennessee Code Annotated, Section 38-8-116, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 18. Tennessee Code Annotated, Section 39-16-702(b), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 19. Tennessee Code Annotated, Section 39-17-1309(e)(8), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 20. Tennessee Code Annotated, Section 39-17-1309(e)(11), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 21. Tennessee Code Annotated, Section 39-17-1313(a), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 22. Tennessee Code Annotated, Section 39-17-1321(a), is amended by deleting the language "handgun" and substituting "firearm". SECTION 23. Tennessee Code Annotated, Section 39-17-1321(c)(2), is amended by deleting the language "handgun permit" and substituting instead the language "firearm carry permit". SECTION 24. Tennessee Code Annotated, Section 39-17-1350(g), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 25. Tennessee Code Annotated, Section 39-17-1352, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 26. Tennessee Code Annotated, Section 39-17-1359(g)(1), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 27. Tennessee Code Annotated, Section 40-32-101, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 28. Tennessee Code Annotated, Section 40-32-105(i)(5), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit". SECTION 29. Tennessee Code Annotated, Section 49-6-816, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 30. Tennessee Code Annotated, Section 49-7-161(b)(2), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit". SECTION 31. Tennessee Code Annotated, Section 49-50-803(b)(2), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit". SECTION 32. Tennessee Code Annotated, Section 50-3-201(d), is amended by deleting the language "handgun permits to carry a handgun" and substituting instead the language "firearm carry permits to carry a firearm". SECTION 33. Tennessee Code Annotated, Section 50-1-312(a)(1), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit". SECTION 34. Tennessee Code Annotated, Section 70-2-104(g)(3)(B), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 35. Tennessee Code Annotated, Section 70-4-117(d), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 36. Tennessee Code Annotated, Section 70-4-117(e), is amended by deleting the language "hand gun" and substituting "firearm". SECTION 37. Tennessee Code Annotated, Section 70-5-101(c), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 38. Tennessee Code Annotated, Section 70-5-101(d), is amended by deleting the language "hand gun" and substituting "firearm". SECTION 39. Tennessee Code Annotated, Section 8-21-401(f)(1), is amended by deleting the language "handgun permits" and substituting instead the language "firearm carry permits". SECTION 40. Tennessee Code Annotated, Section 39-17-1351(b), is amended by deleting the subsection and substituting instead: (b) Except as provided in subsection (r), a resident of Tennessee who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, may apply to the department of safety for an enhanced firearm carry permit. If the applicant is at least eighteen (18) years of age and is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, then the department shall issue a permit to the applicant. SECTION 41. Tennessee Code Annotated, Section 39-17-1351(x)(1), is amended by deleting the language "twenty-one (21) years of age" and substituting instead the language "eighteen (18) years of age". SECTION 42. Tennessee Code Annotated, Section 39-17-1307, is amended by adding the following as a new subsection: ( ) (1) It is an offense for a minor to carry, with the intent to go armed, a firearm. (2) (A) A violation of subdivision ( )(1) is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not more than one hundred (100) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7. (B) A second or subsequent violation of subdivision ( )(1) is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not less than one hundred (100) nor more than two hundred (200) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of two (2) years in accordance with the procedure set out in title 55, chapter 10, part 7. (3) A firearm carried with the intent to go armed in violation of this subsection ( ) must be confiscated and disposed of in accordance with § 39-17- 1317. (4) It is an exception to the application of subdivision ( )(1) if the juvenile is: (A) In attendance at a hunter safety course or a firearm safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range or club authorized by the governing body of the jurisdiction in which the range or club is located or any other area where the discharge of a firearm is not prohibited; (C) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)), as amended, and which uses firearms as part of the performance; (D) Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70; (E) Engaging in the lawful protection of livestock from predatory animals; (F) Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the firearm carried by the juvenile; (G) On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to carry, with the intent to go armed, a firearm; (H) Traveling to or from an activity described in this subdivision () (4) with an unloaded firearm; (I) At the juvenile's residence and, with permission of the juvenile's parent or legal guardian, is justified in using physical force or deadly force; or (J) Transporting or storing an unloaded firearm in a motor vehicle while on or utilizing a public or private parking area if: (i) The juvenile is licensed to drive a motor vehicle pursuant to title 55, chapter 50, part 3; (ii) The juvenile's motor vehicle is parked in a location where the motor vehicle is permitted to be; and (iii) The firearm being transported or stored in the motor vehicle: (a) Is kept from ordinary observation if the juvenile is in the motor vehicle; or (b) Is kept from ordinary observation and locked within the trunk, glove box, or interior of the juvenile's motor vehicle or a container securely affixed to the motor vehicle if the juvenile is not in the motor vehicle. (5) As used in this subsection ( (A) "Juvenile" means a person less than eighteen (18) years of age; and (B) "Unloaded" means: (i) The firearm does not have ammunition in the chamber, cylinder, clip, or magazine; and (ii) The firearm, and the ammunition for the firearm, are not carried on the person of a juvenile or are not in such close proximity to the juvenile that the juvenile could readily gain access to the firearm and the ammunition and load the firearm. SECTION 43. If any provision of this act or its application to any person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to that end, the provisions of this act are severable. SECTION 44. This act takes effect July 1, 2023, the public welfare requiring it.

Sent this as I am hearing the Sheriff's Assc. and TBI will be joining DOS in opposing HB 1005 over the inclusion of long guns...: Representative ********* The attached chart and graphic are instructive with respect to the situation Nationwide with respect to long gun carry recognized as a right instead of being treated as a crime. I have maintained for decades when speaking to the General Assembly, that sans individual Tennesseans bearing their personal firearms (in case of confrontation as is stated as a right in Heller, McDonald, and Bruen) there would be no Republic. In 1780 John Sevier, William Campbell, and Isaac Shelby led the Overmountain Men (Early Tennessee Volunteers) at Kings Mountain to kill “Bulldog” Patrick Ferguson and stifle the southern push by Lord Cornwallis to break the will and back of the Revolution. “Light Horse” Harry Lee called them, “A race of hardy men who were familiar with the use of the horse and the rifle, stout, active, patient under privation, and brave.” The leaders spoke this to the assembled farmers and tradesmen just prior to the battle “Don’t wait for the word of command. Let each one of you be your own officer and do the very best you can.” General George Washington exhorted his own men by saying “The crude, spirited, hardy determined volunteers who crossed the mountains served as proof of the spirit and resources of the country.” Just the “Average People” as Colonel Perry described us in his testimony in the House Civil Justice subcommittee, were the type of people who signed their very lives on the ‘For” line of that check, written as one willing to lay down their lives for their friends and Liberty. Moving forward to 1814 and the call for volunteers to go with Colonel Jackson to Alabama to fight the ”Red Sticks” Creeks at Horseshoe Bend. Once again into the breech strode private Tennessee citizens, with their private rifles, to stand against crime and tyranny, not soldiers, but rather the “Average People” once again pitting themselves against an attempt to wrest freedom and liberty from the people. Without waiting for government to rescue them they took initiative with the tools best suited to the task at hand, which by the way, were guaranteed them in the recently ratified Bill of Rights. At that time their right to keep and bear arms had not been fully infringed (that would come later in 1821 by action of the Tennessee General Assembly). Coffee, Carroll, Houston, and Crockett all present defeated the Creeks at the Battle of Horseshoe Bend and went from there to the field of Chalmette and destroyed the British at the Battle of New Orleans, Coffee and Carroll again at the center of danger without regard for personal safety, they led and bled for Liberty! Major A. Lacarriere Latour, Historical Memoir of the War in West Florida and Louisiana (Philadelphia, 1816), 88; was quoted as saying: “Their appearance, however, was not very military. In their woolen hunting shirts and coperas dyed pantaloons; with slouched hat or cap made from the skins of raccoons or foxes; with belts of untanned deer-skin and in which were stuck their hunting-knives—but were admirable soldiers, remarkable for endurance and possessing that admirable quality in soldiers, of being able to take care of themselves. At their head rode their gallant leader, a man of noble respect, tall and herculean in appearance, mounted upon a fine Tennessee thoroughbred, was stately and impressive." General Coffee’s Tennesseans, those modest and simple sons of nature, displayed that firm composure which accompanies and indicates true courage.... Instinctively valiant, disciplined without having passed through the formal training of reviews and garrison maneuvers, they evinced on this memorable night, that enthusiasm, patriotism, and a sense of a just cause, which were of far more avail than scientific tactics. The heroes of Wellington, who boasted of their military tactics and disciplined valor, were often doomed by woful (sic) experience, to appreciate the prowess of those warlike sons of the western country.” Stanley Clisby Arthur, cited in The Story of the Battle of New Orleans “Over 2,000 British were either dead, wounded, or missing, while the American loss stood at seven killed and six wounded.” A resounding victory for the ”Average People” and once again proof that Tennesseans with their personal rifles were a mainstay of the protection of the Republic. I entreat you to consider the text and history of our Great State, that free men with their personal arms are in fact “the true palladium of liberty. . . . The right of self defence is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” (from St. George Tucker in Blackstone’s Commentaries), and to move HB 1005 by Grills/SB 1503 by Stevens as written currently to Public Chapter. Please keep in mind that any private business can limit what weapons they want to allow in their brick and mortar. I negotiated with a large “Quick Stop” chain years ago their signage that permitted ONLY concealed carry, the same could be done with long guns in the Wal Marts your constituents fear seeing them in. Be cognizant too, that AR 15 pistols are legal at this time under the law you helped pass in 2021, same fire control group, same magazine size, same everything, only very short barreled and no stocks making them easy to hide. Those are already among us, and you voted for that to be allowed. With all due respect. C. Richard Archie

You can make and deliver a child in that time frame...

Guess they are too busy looking for undotted "i"s and such...

MS Stroker last year being questioned during her opposition to basically the same bill.

This state wants a monopoly on violence, hence their reluctance to sign your forms. Although, I do think LEOSA permits are dividing the People into subsets, which Heller decried. Further, the TN Supreme Court had ruled off duty LE are simply Citizens, with no enhanced police powers unless they are on the "clock" (Revco v. White). If you want to secure the right to arms guaranteed by the Constitutions of the State and Union, start calling and e-mailing the Senate Judiciary Committee, that is going to be the heavy lift.

Watch the Department of Safety come in and "Oppose" the bill, at about 3:01 see Stroeker show she has not read the bill when she asserts it takes out the criminality of 2 DUIs in 10 years, stalking and being adjudicated mentally defective (which it does not do, and she is corrected by legal at 8:22) and Todd's response starting at 16:50 and Grills question of the Department at 11:17. Parkinson ask why they are not opposing the 18 year old shift this year and she does when they opposed it last year? It was Constitutional then as well, they were just made to do it via a court challenge, or they would still be opposed. I will not comment further except to say that MS Stroker admits the Governor told her to "oppose" the bill, and that it would in fact achieve "Real Constitutional Carry" (her words) and the Department and the Governor are against that for the average Citizen.

No but the establishments that post those signs are now going to be liable for harm if their postings result in injury to a person due to that posting. It is the same tactic we used to get businesses to allow permit holders to leave their firearms in their vehicles at work, they never changed the fact an "Employee Handbook" could prevent the lawful keeping of a lawfully possessed firearm in a vehicle, but if harm resulted from that prohibition, then the employer was liable. Even Fed Ex allows that now, and they were our biggest nemesis on that issue. HB 10054 will have a huge impact on who post from now on, including the Capitol...

The person that dreamed this bill up, sounds like he is the smartest guy in the room, and as he is not John Harris, a lot of legislators have leaned on him to bring them bills of a 2nd Amendment nature. H is a paid lobbyist and a German expat, a lawyer and sure that he knows all about the Constitutions, however, I think sometime he has a problem with the plain meaning of English which is his second language. I think his intentions are good, but he causes a lot of problems sometimes by those intents. This is nota bill I would have proffered, but it does not say LE can stroll about intoxicated or high, the first iteration did allow that, but was not the intended by the original sponsor who quickly moved to correct. We are simply not getting our money's worth out of the IT Department of the General Assembly either.

Passed Civil Justice Sub, will be up in Civil Justice Full next week. I see no reason this does not make it out of the House this year. This will make the landscape of laws dealing with the 2nd Amendment far easier in Tennessee after passage on the ballot in 2026.

Chairman John Ragan has a bill (HB 1385) that would define the "intent to go armed" clause. He was approached by Department representatives yesterday prior to running his bill with the agreement to strip its usage from the TCA. He took his bill off notice to construct and amendment that will simply remove the clause from out statutes, as it is agreed, unconstitutional. This is a big deal. There is a TN Supreme Court case from 1880 (attached) that actually defined the term, somehow lost to memory in the General Assembly and its "Legal Department". Once brought to light it shows the "clause" to be in direct conflict of the definition of the 2nd Amendment per Heller, McDonald and Bruen.

Amendment No. Signature of Sponsor AMEND Senate Bill No. 1503 House Bill No. 1005* by deleting all language after the enacting clause and substituting: SECTION 1. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (a). SECTION 2. Tennessee Code Annotated, Section 39-17-1307(b)(1), is amended by deleting "unlawfully". SECTION 3. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (e). SECTION 4. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subsection (g). SECTION 5. Tennessee Code Annotated, Section 39-17-1308, is amended by deleting the section. SECTION 6. Tennessee Code Annotated, Section 39-17-1313(a), is amended by deleting "lawfully carries a handgun pursuant to § 39-17-1307(g)" and substituting "is not prohibited from possessing a firearm". SECTION 7. Tennessee Code Annotated, Section 39-17-1364, is amended by deleting "§ 39-17-1307, or". SECTION 8. Tennessee Code Annotated, Section 39-17-1351, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "handguns" wherever it appears and substituting instead the language "firearms". SECTION 9. Tennessee Code Annotated, Section 39-17-1351(r)(1), is amended by deleting the subdivision and substituting instead: (1) A facially valid handgun permit, firearms permit, weapons permit, or license issued by another state shall be valid in this state according to its terms and shall be treated as if it is a firearm carry permit issued by this state. SECTION 10. Tennessee Code Annotated, Section 39-17-1365, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 11. Tennessee Code Annotated, Section 39-17-1366, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "handguns" wherever it appears and substituting instead the language "firearms". SECTION 12. Tennessee Code Annotated, Section 10-7-504(a)(2)(A), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit" and by deleting the language "handgun carry permits" and substituting instead the language "firearm carry permits". SECTION 13. Tennessee Code Annotated, Section 10-7-504(o), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit" and by deleting the language "handgun permit holder" and substituting instead the language "firearm carry permit holder". SECTION 14. Tennessee Code Annotated, Section 33-6-413(b), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 15. Tennessee Code Annotated, Section 36-3-626, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm" and by deleting the language "as defined in § 39-17-1319" and substituting "as defined in § 39- 11-106". SECTION 16. Tennessee Code Annotated, Section 38-3-122(c), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 17. Tennessee Code Annotated, Section 38-6-105, is amended by deleting the language "handgun permit" and substituting instead the language "firearm carry permit". SECTION 18. Tennessee Code Annotated, Section 38-8-116, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 19. Tennessee Code Annotated, Section 39-16-702(b), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 20. Tennessee Code Annotated, Section 39-17-1309(e)(8)(B), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit". SECTION 21. Tennessee Code Annotated, Section 39-17-1313(a), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 22. Tennessee Code Annotated, Section 39-17-1321(c)(2), is amended by deleting the language "handgun permit" and substituting instead the language "firearm carry permit". SECTION 23. Tennessee Code Annotated, Section 39-17-1350(g), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 24. Tennessee Code Annotated, Section 39-17-1352, is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 25. Tennessee Code Annotated, Section 39-17-1359(g)(1), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 26. Tennessee Code Annotated, Section 40-32-101, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 27. Tennessee Code Annotated, Section 40-32-105(i)(5), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit". SECTION 28. Tennessee Code Annotated, Section 49-6-816, is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 29. Tennessee Code Annotated, Section 49-7-161(b)(2), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit". SECTION 30. Tennessee Code Annotated, Section 49-50-803(b)(2), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit". SECTION 31. Tennessee Code Annotated, Section 50-3-201(d), is amended by deleting the language "handgun permits to carry a handgun" and substituting instead the language "firearm carry permits to carry a firearm". SECTION 32. Tennessee Code Annotated, Section 50-1-312(a)(1), is amended by deleting the language "handgun carry permit" and substituting instead the language "firearm carry permit". SECTION 33. Tennessee Code Annotated, Section 70-2-104(g)(3)(B), is amended by deleting the language "handgun carry permit" wherever it appears and substituting instead the language "firearm carry permit". SECTION 34. Tennessee Code Annotated, Section 70-4-117(d), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 35. Tennessee Code Annotated, Section 70-5-101(c), is amended by deleting the language "handgun" wherever it appears and substituting instead the language "firearm". SECTION 36. Tennessee Code Annotated, Section 8-21-401(f)(1), is amended by deleting the language "handgun permits" and substituting instead the language "firearm carry permits". SECTION 37. Tennessee Code Annotated, Section 39-17-1351(b), is amended by deleting the subsection and substituting instead: (b) Except as provided in subsection (r), a resident of Tennessee who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, may apply to the department of safety for an enhanced firearm carry permit. If the applicant is at least eighteen (18) years of age and is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, then the department shall issue a permit to the applicant. SECTION 38. Tennessee Code Annotated, Section 39-17-1351(x)(1), is amended by deleting the language "twenty-one (21) years of age" and substituting instead the language "eighteen (18) years of age". SECTION 39. Tennessee Code Annotated, Section 39-17-1325, is amended by adding the following as a new subsection: (c) A person or entity who is authorized to prohibit the possession of firearms on the person's or entity's property pursuant to § 39-17-1359 and who elects, pursuant to that authority, to prohibit the possession of firearms by a person lawfully carrying a firearm is not immune from civil liability with respect to a claim based on the person's or entity's adoption of a policy that prohibits weapons on the property by posting pursuant to § 39-17-1359. SECTION 40. Tennessee Code Annotated, Section 39-17-1307, is amended by adding the following as a new subsection: ( ) (1) It is an offense for a minor to carry, with the intent to go armed, a firearm. (2) (A) A violation of subdivision ( )(1) is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not more than one hundred (100) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7. (B) A second or subsequent violation of subdivision ( )(1) is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not less than one hundred (100) nor more than two hundred (200) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of two (2) years in accordance with the procedure set out in title 55, chapter 10, part 7. (3) A firearm carried with the intent to go armed in violation of this subsection ( ) must be confiscated and disposed of in accordance with § 39-17- 1317. (4) It is an exception to the application of subdivision ( )(1) if the juvenile is: (A) In attendance at a hunter safety course or a firearm safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range or club authorized by the governing body of the jurisdiction in which the range or club is located or any other area where the discharge of a firearm is not prohibited; (C) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)), as amended, and which uses firearms as part of the performance; (D) Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70; (E) Engaging in the lawful protection of livestock from predatory animals; (F) Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the firearm carried by the juvenile; (G) On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to carry, with the intent to go armed, a firearm; (H) Traveling to or from an activity described in this subdivision ( )(4) with an unloaded firearm; or (I) At the juvenile's residence and, with permission of the juvenile's parent or legal guardian, is justified in using physical force or deadly force. (5) As used in this subsection ( ): (A) "Juvenile" means a person less than eighteen (18) years of age; and (B) "Unloaded" means: (i) The firearm does not have ammunition in the chamber, cylinder, clip, or magazine; and (ii) The firearm, and the ammunition for the firearm, are not carried on the person of a juvenile or are not in such close proximity to the juvenile that the juvenile could readily gain access to the firearm and the ammunition and load the firearm. SECTION 41. If any provision of this act or its application to any person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to that end, the provisions of this act are severable. SECTION 42. This act takes effect July 1, 2023, the public welfare requiring it.

They switched bills, the new omnibus bill is the caption by Grills, 1005, Todd is running it. Department of Safety came into do their normal "We oppose the bill" and got their rear end torn off by Todd, it is worth the watch. Made it through to full next week.

It was an incorrect statute posed by the drafter. It has been corrected, and the bill does not allow LE to carry while under the influence. Like everything at the GA this year dealing with electronics, the clean up of that blurb that is incorrect is late in getting changed. Read the bill, not the note.

We spent the weekend working on an amendment that irons out some wrinkles, it is not everything we would wish, but Rep. Todd, Clay Doggett, Rusty Grills and Freshman Kip Capley are in it to win it. The amendment was filed timely by 4:30 on Saturday last, the big thing is that Grills caption opened up more of the chapters so the amendment that makes the bill will be filed on it and that is what will go forward. This is a team effort, I suspect that Todd will present the bill, but those mentioned are all influencing the outcome, and it should be noted are members of the Civil Justice sub and full committee.