User Panel
User Panel
User Panel
TN, USA
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Posted: 5/11/2022 6:13:06 PM EDT
HB2509/SB2628 was signed Governor Lee today. " As introduced, removes a short-barrel rifle or shotgun from the list of weapons the possession, manufacture, transport, repair, or sale of which is prohibited under state law. - Amends TCA Title 39, Chapter 17, Part 13. "
This basically legalizes SBR and SBS at the state level. Unfortunately federal laws still apply and they supersede state law per The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) . |
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TN, USA
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Posted: 5/12/2022 12:43:20 PM EDT
Interesting. I was recently informed that TWRA prohibits pistol versions of ARs and AK on their ranges, apparently because shooters were shouldering the devices. Wonder how TWRA will react?
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TN, USA
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Posted: 5/12/2022 12:54:01 PM EDT
This is mostly symbolic, no?
NFA items have been allowed in TN for decades, so I'm not sure what this does (symbolic effort to codify their legality/increase acceptance?). I'm not complaining either way. Just curious if it does anything meaningful given they've always been allowed assuming tax-paid. |
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TN, USA
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Posted: 5/13/2022 10:43:11 AM EDT
if local LEO don't enforce fed laws, it dramatically reduces the chances of being unconstitutionally harassed
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Posted: 5/13/2022 12:34:43 PM EDT
I had no idea they weren't allowed. Good thing because I am moving with an SBR this month!
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Posted: 5/13/2022 1:53:54 PM EDT
Quote History Originally Posted By JWnTN: Interesting. I was recently informed that TWRA prohibits pistol versions of ARs and AK on their ranges, apparently because shooters were shouldering the devices. Wonder how TWRA will react? Not sure about all the TWRA ranges, but the Stone River Range does not prohibit them. You may have to use them on the pistol range, but they are not prohibited. |
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Posted: 5/14/2022 2:27:41 AM EDT
Quote History Originally Posted By Sylvan: I had no idea they weren't allowed. Good thing because I am moving with an SBR this month! Welcome to Tennessee! |
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Posted: 5/14/2022 10:37:38 PM EDT
It’s a great step forward. Now do suppressors
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Posted: 5/14/2022 10:43:12 PM EDT
I would guess the problem would be if an ATF agent was at a range and questioned you. Or if the gun got stolen etc. I may be wrong, but I don't see this as being able to buy a short barrel blower and just throw it together and be OK in Tennessee without a tax stamp.
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Posted: 5/15/2022 3:04:26 AM EDT
Originally Posted By KappinSpaulding: HB2509/SB2628 was signed Governor Lee today. " As introduced, removes a short-barrel rifle or shotgun from the list of weapons the possession, manufacture, transport, repair, or sale of which is prohibited under state law. - Amends TCA Title 39, Chapter 17, Part 13. " This basically legalizes SBR and SBS at the state level. Unfortunately federal laws still apply and they supersede state law per The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) . Unless it is pot.  Attached File |
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Posted: 5/15/2022 8:54:35 AM EDT
Quote History Originally Posted By Sylvan: I had no idea they weren't allowed. Good thing because I am moving with an SBR this month! They are and have been allowed (with a tax stamp). Law basically says locals won’t enforce federal law. |
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Posted: 5/15/2022 12:37:11 PM EDT
Quote History Originally Posted By asu174: They are and have been allowed (with a tax stamp). Law basically says locals won’t enforce federal law. Kansas had a similar law. THen the feds came in and Kansas said "sucks to be you" and they went to jail for 10 years and Kansas did nothing to help them. |
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Posted: 5/17/2022 1:15:40 PM EDT
Quote History Originally Posted By Sylvan: I had no idea they weren't allowed. Good thing because I am moving with an SBR this month! They ARE and have been allowed. There is a subsequent paragraph in TN law that says SBRs/SBSs are legal if they are properly registered with the ATF per federal law. Removing this "prohibition" is doesn't change the status of any registered SBS/SBR. If you had an unregistered SBR, you'd still be in violation of TN law because of the paragraph that says they're legal at the state level only if they're properly registered. |
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Posted: 5/17/2022 9:13:35 PM EDT
[Last Edit: fullmedaljacket8]
Quote HistoryOriginally Posted By kcobean: They ARE and have been allowed. There is a subsequent paragraph in TN law that says SBRs/SBSs are legal if they are properly registered with the ATF per federal law. Removing this "prohibition" is doesn't change the status of any registered SBS/SBR. If you had an unregistered SBR, you'd still be in violation of TN law because of the paragraph that says they're legal at the state level only if they're properly registered. Edit: read your response wrong. |
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TN, USA
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Posted: 5/18/2022 8:11:59 AM EDT
Quote History Originally Posted By asu174: They are and have been allowed (with a tax stamp). Law basically says locals won't enforce federal law. Quote HistoryOriginally Posted By asu174: Originally Posted By Sylvan: I had no idea they weren't allowed. Good thing because I am moving with an SBR this month! They are and have been allowed (with a tax stamp). Law basically says locals won't enforce federal law. |
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Posted: 5/18/2022 2:37:46 PM EDT
Quote History Originally Posted By Spaceboy: The way I understood it was that a stamp was an affirmative defense. So you could still be arrested for possession but having a stamp would be a successful defense in court. Yup, I read it exactly that way as well. |
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Posted: 5/20/2022 10:09:29 AM EDT
[Last Edit: JPN]
Quote HistoryOriginally Posted By Spaceboy: The way I understood it was that a stamp was an affirmative defense. So you could still be arrested for possession but having a stamp would be a successful defense in court. Quote HistoryOriginally Posted By Spaceboy: Originally Posted By asu174: Originally Posted By Sylvan: I had no idea they weren't allowed. Good thing because I am moving with an SBR this month! They are and have been allowed (with a tax stamp). Law basically says locals won't enforce federal law. No, that's how suppressors were treated by state law, until they were removed from the state prohibited weapon list, a few years ago. Suppressors were 'NFA paperwork is an affirmative defense against prosecution', before they were removed from the list. SBRs were 'NFA paperwork is an exception to possession being an offense', before they were removed from the list. Other than state and local police no longer having a reason to be checking NFA compliance for SBRs, the only positive I can see is removing one excuse for police to bother people who are open carrying AR/AK pistols (if police don't know the difference), or open carrying SBRs if the bill to change TN carry laws from "handgun" carry laws to "firearm" carry laws is passed. ETA: Before the change TCA 39-17-1302-(d) "It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance with the requirements of the National Firearms Act (26 U.S.C. §§ 5841-5862)." (a)(3) is machineguns, (a)(4) was SBRs and SBSs. |
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Posted: 5/20/2022 10:59:16 PM EDT
I found how that section of state law read back in 2010, before switchblades and suppressors were removed from the 'prohibited weapons' list, and at that time suppressors, SBRs, SBSs, and machineguns were all listed as NFA paperwork being a defense to prosecution.
I guess the wording was changed to NFA paperwork being an exception for SBRs, SBSs, and machineguns, sometime between then and last year. |
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Posted: 5/25/2022 1:22:51 PM EDT
Quote History Originally Posted By Sylvan: I had no idea they weren't allowed. Good thing because I am moving with an SBR this month! Ugh. More Yankees. 
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Posted: 5/28/2022 12:59:32 AM EDT
@sylvan
What part of TN? Welcome 
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Posted: 5/28/2022 12:43:33 PM EDT
Near Oak Ridge.
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Posted: 5/28/2022 6:43:02 PM EDT
Danged glad to have you here
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Posted: 5/31/2022 5:32:45 PM EDT
Now make the whole state a 2A sanctuary!
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Posted: 5/31/2022 9:57:43 PM EDT
Quote History Originally Posted By 5thLegion: Now make the whole state a 2A sanctuary! Gov Lee signed the Tennessee Second Amendment Sanctuary Act, a year ago. |
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TN, USA
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Posted: 6/4/2022 10:01:25 PM EDT
Quote History Originally Posted By Sylvan: Near Oak Ridge. Welcome to town, its a beautiful area around here! PM if you need anything in the area. |
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Posted: 6/11/2022 8:11:06 PM EDT
Quote History Originally Posted By JPN: Gov Lee signed the Tennessee Second Amendment Sanctuary Act, a year ago. Nah I mean all they way, declare us all free from the unconstitutional NFA. |
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