A wrap up on this session's gun bills....

[Guest HexHead]

Tennessee Legislature Wraps Up the 2009 Session!

Two More NRA-backed Bills head to the Governor!

The Tennessee General Assembly’s 2009 Session adjourned sine die, late in the evening on Thursday, June 18. Prior to adjournment, the Assembly passed NRA-backed House Bill 898, sponsored by State Representative Eric Watson (R-22) and State Senator Dewayne Bunch (R-9), and House Bill 961, sponsored by State Representative Mike Bell (R-26) and State Senator Tim Burchett (R-7).

HB 898 would broaden the definition of “law enforcement officer†to include retired and off-duty law enforcement officials. It also expands the right to carry by active law enforcement officials to more geographical locations. Based upon Tennessee Attorney General Robert E. Cooper’s opinion dated June 12, (Opinion No. 09-118), HB 898 was also amended to specify that no entity of state or local government is authorized to discriminate based solely upon conduct or activity related to the lawful possession of firearms where alcoholic beverages are served. After being referred to a conference committee, HB 898 passed the House on a 77 to 13 vote and the Senate on a 25 to 4 vote.

HB 961 would authorize a person with a handgun carry permit to possess a firearm in a refuge, public hunting area, wildlife management area, or on national forest land. HB 961 passed the House on an 89 to 3 vote and passed the Senate unanimously on a 28 to 0 vote.

HB 898 and HB 961 now head to Governor Phil Bredesen’s (D) desk for consideration. Please make your voices heard in support of these important bills. The Governor can be reached by phone at (615)741-2001 or email at Phil.Bredesen@tn.gov.

In a strong affirmation of our Second Amendment Rights, the Tennessee Legislature worked diligently this session to successfully pass several pro-gun measures into law. Included among these was an override of Governor Phil Bredesen’s (D) veto of House Bill 962, NRA-backed restaurant carry legislation.

House Bill 46, sponsored by State Representative Joshua Evans (R-66) and State Senator Jim Tracy (R-16), prohibits the Department of Safety, or any department-approved handgun safety employee, from requiring a carry permit applicant to furnish any identifying information concerning any handgun the applicant owns or possesses. HB 46 went into effect on April 27.

House Bill 70, sponsored by State Representative Henry Fincher (D-42) and State Senator Andy Berke (D-10) removed the prohibition against using deadly force in protection of personal property. It expands the right to self-defense to include a place of business. HB 70 will take effect Wednesday, July 1.

House Bill 254, sponsored by State Representative Glen Casada (R-63) and State Senator Mark Norris (R-32), eliminate the requirement to provide a thumbprint as part of the background check process when purchasing a firearm. HB 254 will take effect Wednesday, July 1.

House Bill 390, sponsored by State Representative Henry Fincher (D-42) and State Senator Doug Jackson (D-25), allows handgun carry permit holders to possess or carry a rifle or shotgun with a loaded magazine -- provided the firearm does not have a round in the chamber -- while in a private motor vehicle. HB 390 takes effect Wednesday, July 1.

House Bill 716, sponsored by State Representative Frank Niceley (R-17) and State Senator Mae Beavers (R-17), allows any resident who has a valid handgun carry permit to possess a handgun within the boundaries of any state park. It also allows for permit holders to carry into local parks as of September 1, as long as the locality does not opt-out of the law by resolution before that date. Tennessee now joins 31 other states that allow some form of state park carry. Permit Holders can carry into Tennessee state parks as of June 12.

House Bill 962, sponsored by State Representative Curry Todd (R-95) and State Senator Doug Jackson (D-25), enables law-abiding Right-to-Carry permit holders to carry firearms for self-defense in restaurants that serve alcohol, provided the permit holder is not consuming alcohol. HB 962 passed both the House and Senate with broad bipartisan support, but Governor Bredesen vetoed the bill on May 28, disappointing more than 200,000 Tennessee Right-to-Carry permit holders. While an override of his veto needed only a simple majority vote to pass, it cleared both chambers with overwhelming, bi-partisan support. The House voted to override Governor Bredesen by a margin of 69-27, and the Senate by a margin of 21-9. HB 962 goes into effect July 14.

Senate Bill 309, sponsored by State Senator Andy Berke (D-10) and State Representative Henry Fincher (D-42), grants a shooting range that had been in operation for at least 30 years prior to December 16, 2008, the right to continue operating at the same location. This right may not be amended, restricted, or terminated due to zoning changes. SB 309 went into effect May 19.

Senate Bill 2276, sponsored by State Senator Jim Kyle (D-28) and State Representative Eddie Bass (D-65), authorize the Department of Safety to present a law enforcement officer’s service weapon to the spouse or child of an officer who dies in the line of duty. SB 2276 went into effect on May 5.

Several pro-gun bills remain active in the Tennessee Legislature, but will not be heard again until the 106th General Assembly reconvenes Tuesday, January 12 for the 2010 session. These bills include Permit Confidentiality, which was to be referred back to Calendars Committee because it lacked a majority vote; the disposition of confiscated firearms bill, which was on its final vote by the Senate; and the Right to Hunt and Fish Resolution, which was on its Second Reading in the House and was recommended for passage by the Finance Ways and Means Committee in the Senate.

House Bill 1395, sponsored by State Representative Joshua Evans (R-66) was referred to summer study and is expected to be discussed before next session. HB 1395 would protect your right to lawfully transport and store firearms in your privately owned locked motor vehicle while parked in a publicly accessible parking lot controlled by your employer or a business you frequent.

Thank you to everyone who took the time to contact their Tennessee legislators this session!

[Fallguy]

Here is a post I was working on as the above was made...

Below are some of the bills we have watched this year.

Here is a list of bills that have already been assigned a Public Chapter number. You can browse all passed bills here.

HB0046 - Public Chapter 101 - As enacted, prohibits department of safety or any department approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses.

HB0254 - Public Chapter 102 - As enacted, deletes requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers; clarifies that dealer must request TBI to conduct background check by "means designated by the TBI" instead of "by telephone".

HB0070 - Public Chapter 194 - As enacted, revises the prohibition against using deadly force in defense of property to specify that prohibition would not apply if a person is justified in using deadly force as otherwise provided by law for defense of oneself or defense of another person.

HB1778 - Public Chapter 288 - As enacted, prohibits confiscations of lawfully possessed firearms and ammunition during periods of martial rule; clarifies firearm and ammunition restriction prohibitions during any state of emergency, major disaster, or natural disaster.

HB0962 - Public Chapter 339 - As enacted, allows person with handgun carry permit to carry in restaurants that serve alcoholic beverages as long as such person is not consuming alcoholic beverages; defines restaurant for purposes of this authorization.

HB0716 - Public Chapter 428 - As introduced, allows any resident who has a valid handgun carry permit to possess a handgun while within the boundaries of any state park.

HB0390 - Public Chapter 431 As introduced, permits handgun carry permit holders to possess or carry a loaded rifle, loaded shotgun, or loaded magazine or clip therefore while in a motor vehicle.

HB0925 - Public Chapter 433 - As introduced, prohibits department of safety from requiring applicant provide social security number on application for permit or on certificate of completion of handgun safety course; prohibits course instructor from withholding proof of completion based solely on applicant not providing social security number.

Below is a list of bills that have passed the legislature and are still waiting on the Governor's actions.

HB0961 - Carry in WMAs

HB0898 - LEO carry where alcohol is served for onsite consumption and closing local loophole of restaurant bill.

HB1796 - "Tennessee Firearms Freedom Act." (Governor indicated in a letter to Speaker Williams he will allow this to become law without his signature)

Bills that did not pass but are still alive and should be taken up when the legislature reconvenes on 1/12/10

HB0770 - As introduced, authorizes person with handgun permit to carry handgun while big game bowhunting during the archery-only deer season.

HB1395 - As introduced, prohibits employers from prohibiting persons possessing a handgun carry permit from transporting and storing a firearm out of sight in a locked vehicle on any property set aside for vehicles.

[threeshot]

Thank you both for the summaries.

Just a clarification to the following:

HB0390 - Public Chapter 431 As introduced, permits handgun carry permit holders to possess or carry a loaded rifle, loaded shotgun, or loaded magazine or clip therefore while in a motor vehicle.

You cannot have a round loaded in the chamber of the long gun. I mention this due to various people will have different ideas as to what is considered "loaded".

[Fallguy]

Thank you both for the summaries.

Just a clarification to the following:

You cannot have a round loaded in the chamber of the long gun. I mention this due to various people will have different ideas as to what is considered "loaded".

True....

That is one reason I posted the link to what became law, so one can read the actual wording of what passed.

[oldogy]

Yes, many thanks for the posts.

oldogy

[Punisher84]

House Bill 70, sponsored by State Representative Henry Fincher (D-42) and State Senator Andy Berke (D-10) removed the prohibition against using deadly force in protection of personal property. It expands the right to self-defense to include a place of business. HB 70 will take effect Wednesday, July 1.

Nevermind read the bill.

[Fallguy]

I must have missed this one. We can use deadly force to defend property now???

ONLY if you can otherwise use deadly force for self-defense or defense of a third person.

You can NOT use deadly force to protect property alone.

This bill was passed to remove a possible conflict in the law where you may use deadly force protecting life and property at the same time.

[Punisher84]

ONLY if you can otherwise use deadly force for self-defense or defense of a third person.

You can NOT use deadly force to protect property alone.

This bill was passed to remove a possible conflict in the law where you may use deadly force protecting life and property at the same time.

Geez ninja typer. I had that post up for a total of 30 seconds before I realized that lol.

[Guest HexHead]

You can NOT use deadly force to protect property alone.

Yeah, where do you think we are, Texas?

[jughead]

Yeah, where do you think we are, Texas?

love tenn. but wish we had that option.

[Fallguy]

Geez ninja typer. I had that post up for a total of 30 seconds before I realized that lol.

LOL...I was close.

[Fallguy]

love tenn. but wish we had that option.

+1

[K191145]

ONLY if you can otherwise use deadly force for self-defense or defense of a third person.

You can NOT use deadly force to protect property alone.

This bill was passed to remove a possible conflict in the law where you may use deadly force protecting life and property at the same time.

There is always some confusion about the USE of deadly force, say in a situation where you hear someone breaking into your tool shed 100 feet from your house. I've understood the laws as saying that you can confront the person yourself but what do they consider deadly force? Simply pointing a gun at the burglar or actually shooting him?

[cybernorris]

It is my understanding that pointing a gun at someone is a violation of the law.

I recently read of an incident (can't find it now.. and it's likely another state) where a person displayed a handgun to a carjacker, but because he did not actually defend himself, he was charged and can no longer own a gun.

[Fallguy]

There is always some confusion about the USE of deadly force, say in a situation where you hear someone breaking into your tool shed 100 feet from your house. I've understood the laws as saying that you can confront the person yourself but what do they consider deadly force? Simply pointing a gun at the burglar or actually shooting him?

You can confront the person of course. But you can not use your firearm unless self-defense is in play.

As far as pointing the weapon at him...I'm not sure if that would be considered using deadly force or not.

Now if you were inside the tool shed when he broke in, then it would be the same as if he broke into your house with you in it.

I am not giving any legal advise here and have nothing to really base this on, but I think if it is a "gray" area you would be cut some slack on your own property against an intruder.

[Fallguy]

It is my understanding that pointing a gun at someone is a violation of the law.

I recently read of an incident (can't find it now.. and it's likely another state) where a person displayed a handgun to a carjacker, but because he did not actually defend himself, he was charged and can no longer own a gun.

Are you sure you thinking of a carjacker or the incident on school grounds where a guy got a handgun out of his truck after the other guy had a knife? If that is the case you are thinking of, they guy was convicted because of being on school grounds, not just displaying the handgun. But you're right the judge did say had he "used" it in self-defense he would have not been convicted.

Actually a carjacking is one of the situations HB0070 was passed to address. The self-defense law presumes you are in fear of imminent death or serious bodily harm if someone is trying to break into your occupied car. So you could lawfully use deadly force for self-defense. However an over-zealous DA could have said you were using deadly force to protect your car (property) which is illegal. So this bill just clarifies that using deadly force while protecting property is legal so long as you using deadly force for self-defense as well.

[threeshot]

Here is the link to gun issue at a school parking lot for self-defense.

http://www.tngunowners.com/forums/tennessee-politics-legislation/21598-when-threaten-judge-says-least-point-your-gun.html

[Guest HexHead]

Are you sure you thinking of a carjacker or the incident on school grounds where a guy got a handgun out of his truck after the other guy had a knife? If that is the case you are thinking of, they guy was convicted because of being on school grounds, not just displaying the handgun. But you're right the judge did say had he "used" it in self-defense he would have not been convicted.

In that case he was convicted of "handling the gun" on school property, moving it from the glove box to the seat, still in the holster. He never "showed" it to the guy with the knife threatening him.

Actually a carjacking is one of the situations HB0070 was passed to address. The self-defense law presumes you are in fear of imminent death or serious bodily harm if someone is trying to break into your occupied car. So you could lawfully use deadly force for self-defense. However an over-zealous DA could have said you were using deadly force to protect your car (property) which is illegal. So this bill just clarifies that using deadly force while protecting property is legal so long as you using deadly force for self-defense as well.

Since the definition of car jacking includes you being inside the car at the time, it wouldn't be a stretch to say that you were in fear for your life. It's not like someone stealing your car while you're not inside it. Unless a family member etc is, like if you're inside a Mapco and your wife or child is still inside the car.

[K191145]

You can confront the person of course. But you can not use your firearm unless self-defense is in play.

As far as pointing the weapon at him...I'm not sure if that would be considered using deadly force or not.

Now if you were inside the tool shed when he broke in, then it would be the same as if he broke into your house with you in it.

I am not giving any legal advise here and have nothing to really base this on, but I think if it is a "gray" area you would be cut some slack on your own property against an intruder.

Alot of it depends on your local District Attorney and how he/she feels about the situation. I wouldn't want to kill some dumb punk over some tools, you never know, he might be the rare case that grows up some day and actually becomes a decent person but if he's dumb enough to pick up a crowbar and come after me he's getting shot.

[Fallguy]

Alot of it depends on your local District Attorney and how he/she feels about the situation. I wouldn't want to kill some dumb punk over some tools, you never know, he might be the rare case that grows up some day and actually becomes a decent person but if he's dumb enough to pick up a crowbar and come after me he's getting shot.

I should have clarified, I meant more if you held him at gun point until the police arrived, not if you actually shot him.

[GKar]

Just last weel, a local resident saw a stranger enter his camper parked in his yard. He went back into his house to retrieve his gun, surprised the young intruder while the kid was still inside his camper, and held him at gunpoint until the police ariived (several minutes later). So far, no indication that the homeowner/camper owner will be charged with any offense.

[wjh2657]

Smarter move. I keep digital camera in kitchen cabinet next to door and one in car glovebox. Get good picture of BG in actor at least on the scene. Does more good for your case and harm to him than holding at gunpoint. Phone camera would work just as good. Then I don't care if he runs away, he's had! Of course my gun hand in on my 642 in my pocket while I'm taking picture and I practice taking the picture with my off hand! (This was advice from a rather efficient prosecutor.) Holding at gunpoint may be necessary but can develop into a bag of worms if BG gets antsy.

[Fallguy]

HB1796 now has a public chapter number...

Public Chapter 435

[K191145]

I should have clarified, I meant more if you held him at gun point until the police arrived, not if you actually shot him.

I know that's what you meant, I was just saying that I've heard that even brandishing a gun qualifies as "use of deadly force". I'm assuming that's up to the opinion of your local DA. One with some common sense wouldn't see it that way if the theif was committing a burgulary on your property. To me the word "use" would mean actually firing the gun.

[Fallguy]

I know that's what you meant, I was just saying that I've heard that even brandishing a gun qualifies as "use of deadly force". I'm assuming that's up to the opinion of your local DA. One with some common sense wouldn't see it that way if the theif was committing a burgulary on your property. To me the word "use" would mean actually firing the gun.

Got ya