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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) .
Link Posted: 5/12/2022 12:43:20 PM EDT
[#1]
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?
Link Posted: 5/12/2022 12:54:01 PM EDT
[#2]
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.
Link Posted: 5/13/2022 10:43:11 AM EDT
[#3]
if local LEO don't enforce fed laws, it dramatically reduces the chances of being unconstitutionally harassed
Link Posted: 5/13/2022 12:34:43 PM EDT
[#4]
I had no idea they weren't allowed.  Good thing because I am moving with an SBR this month!
Link Posted: 5/13/2022 1:53:54 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote 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?
View Quote


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.
Link Posted: 5/14/2022 2:27:41 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Sylvan:
I had no idea they weren't allowed.  Good thing because I am moving with an SBR this month!
View Quote

Welcome to Tennessee!
Link Posted: 5/14/2022 10:37:38 PM EDT
[#7]
It’s a great step forward. Now do suppressors
Link Posted: 5/14/2022 10:43:12 PM EDT
[#8]
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.
Link Posted: 5/15/2022 3:04:26 AM EDT
[#9]
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) .
View Quote

Unless it is pot.
Attachment Attached File
Link Posted: 5/15/2022 8:54:35 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Sylvan:
I had no idea they weren't allowed.  Good thing because I am moving with an SBR this month!
View Quote

They are and have been allowed (with a tax stamp).

Law basically says locals won’t enforce federal law.
Link Posted: 5/15/2022 12:37:11 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By asu174:

They are and have been allowed (with a tax stamp).

Law basically says locals won’t enforce federal law.
View Quote


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.  
Link Posted: 5/17/2022 1:15:40 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Sylvan:
I had no idea they weren't allowed.  Good thing because I am moving with an SBR this month!
View Quote



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.
Link Posted: 5/17/2022 9:13:35 PM EDT
[Last Edit: fullmedaljacket8] [#13]
Discussion ForumsJump to Quoted PostQuote History
Originally 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.
View Quote


Edit: read your response wrong.
Link Posted: 5/18/2022 8:11:59 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By asu174:

They are and have been allowed (with a tax stamp).

Law basically says locals won't enforce federal law.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
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.
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.
Link Posted: 5/18/2022 2:37:46 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote 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.
View Quote



Yup, I read it exactly that way as well.
Link Posted: 5/20/2022 10:09:29 AM EDT
[Last Edit: JPN] [#16]
Discussion ForumsJump to Quoted PostQuote 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.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally 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.
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.


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.
Link Posted: 5/20/2022 10:59:16 PM EDT
[#17]
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.
Link Posted: 5/25/2022 1:22:51 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Sylvan:
I had no idea they weren't allowed.  Good thing because I am moving with an SBR this month!
View Quote

Ugh.  More Yankees.  
Link Posted: 5/28/2022 12:59:32 AM EDT
[#19]
@sylvan

What part of TN?

Welcome
Link Posted: 5/28/2022 12:43:33 PM EDT
[#20]
Near Oak Ridge.
Link Posted: 5/28/2022 6:43:02 PM EDT
[#21]
Danged glad to have you here
Link Posted: 5/31/2022 5:32:45 PM EDT
[#22]
Now make the whole state a 2A sanctuary!
Link Posted: 5/31/2022 9:57:43 PM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By 5thLegion:
Now make the whole state a 2A sanctuary!
View Quote


Gov Lee signed the Tennessee Second Amendment Sanctuary Act, a year ago.
Link Posted: 6/4/2022 10:01:25 PM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Sylvan:
Near Oak Ridge.
View Quote


Welcome to town, its a beautiful area around here! PM if you need anything in the area.
Link Posted: 6/11/2022 8:11:06 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By JPN:


Gov Lee signed the Tennessee Second Amendment Sanctuary Act, a year ago.
View Quote


Nah I mean all they way, declare us all free from the unconstitutional NFA.
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