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chances R

TN Dept. of Safety & HS rolls out NEW HCP course outline

As promised a couple of years ago the DOS has made a new course curriculum for the HCP.  Very nice and should go a long way in standardizing the presentations across the state.  In my review this slide caught my eye.  Just thought I would throw it out for comments.  Seems to counter what  TCA 39-17-1307 (e)(1)(A) has said.  And in addition I cannot see where 18USC - 922(g) prohibits.  Thought?

 

Capture.PNG

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Simply isn't true under TN law.

- OS

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42 minutes ago, Oh Shoot said:

Simply isn't true under TN law.

- OS

Nor Federal Law that I can find.  But again this is an arm of the State putting this out.

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6 hours ago, chances R said:

Nor Federal Law that I can find. ...

Correct. And Federal law accedes to state law even in the case of minors.

- OS

Edited by Oh Shoot

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Yep 18 is the federal and TN state minimum age to possess a handgun without parental permission.  You just have to be 21 to buy a handgun from an FFL.  You can be 18 and buy a handgun from an individual.  A few states do have a minimum age of 21 to possess handguns.

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From the Law Center to prevent Gun Violence:  http://smartgunlaws.org/gun-laws/policy-areas/consumer-child-safety/minimum-age/#federal

And the whole point of this thread was that this is info that is put forth by a State Agency, seemingly contrary to the law.  I will investigate further, but I am interested in the statutory authority for this if true.  I simply want to be correct in the information I put out.  I know we have discussed this thoroughly before.  Just surprised me to see it on this slide.  In addition, the military exception recently enacted includes 18 - 20 yo so age cannot be the criteria.

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10 hours ago, chances R said:

From the Law Center to prevent Gun Violence:  http://smartgunlaws.org/gun-laws/policy-areas/consumer-child-safety/minimum-age/#federal

And the whole point of this thread was that this is info that is put forth by a State Agency, seemingly contrary to the law.  I will investigate further, but I am interested in the statutory authority for this if true.  I simply want to be correct in the information I put out.  I know we have discussed this thoroughly before.  Just surprised me to see it on this slide.  In addition, the military exception recently enacted includes 18 - 20 yo so age cannot be the criteria.

The state of Tennessee got something wrong?? *shock* Yeah, it's totally wrong and they need to be informed on it.

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Meant to mention, I did indeed email my rep, Eddie Smith about this matter.

=================

"... this isn't of overwhelming importance, but is just an example of idiotic departmental overreach, apparently due to some legal functionary within -- just one of those things that really sticks in my craw.

Would like you to request AG Slatery to render an official opinion on TCA, and hopefully set the TN DOS straight on it.

Background:

Fellow on our forum who teaches the Handgun Safety Course recently got new teaching materials from the HCP division of DOS, including a PowerPoint presentation to be shown during the class. Included is a slide which addresses the current provision in TCA 39-17-1307 regarding the exception for firearms possessed in vehicle. The slide, attached to this email as .png and .jpg  and if needed for access, posted on my domain at:

http://www.macmcdougald.com/misc/DOS-21.PNG
http://www.macmcdougald.com/misc/DOS-21.jpg

The admonition within, "must be 21 or older to possess handgun" is just flat erroneous, under Federal or TN state law. The instructor on forum said he got explanation that the basis for that view was that it is unlawful for an FFL to sell a handgun to one less than 21 years old. Which of course is true, but has nothing to do with the fact that it is not unlawful for an 18 year old to acquire a handgun via legal private sale or gifting in this state, and that of course is not prohibited under Federal law either.

At any rate, since we of the hoi polloi cannot request action or even an opinion from the AG, would you please contact him about the matter, and submit the following for opinion ? If you see it as appropriate you may certainly simply forward him this email if you like, fine with me.

----------------------------
1. Does section (e) of TCA 39-17-1307 (exception for firearm possession in vehicle) include all adults, or only 21 year olds?

2. Does section (e) of 39-17-1307 (exception for firearm possession in vehicle) make any distinction between long guns and handguns?

3. Except regarding the HCP process (and federal law regarding purchase from an FFL), are there any different stipulations under TN law at all for an 18-20 year-old to possess a handgun than for a 21 year-old?
--------------------------

I'm sure you're plenty busy again there in Nashville, but would certainly appreciate your contacting AG Slatery regarding this issue as your earliest convenience.

Best Regards,

Mac

=========================

He replied,

=============

Mac,

I apologize for the delay in responding to you.  We’ve been trying to finalize all of our bills this week as bill filing deadline is Thursday.  I will get on submitting this for an AG’s opinion.

Have a great Thursday,

Eddie

=================

So we'll see.

- OS

 

Edited by Oh Shoot

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Great job OhShoot.

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