Posted: 5/8/2009 7:06:26 AM EDT
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Tennessee Firearms Association, Inc.
Legislative Action Committee ________________________________________ Before reviewing the bills, it is necessary to address an issue that TFA members need to help with. Generally, as bills are introduced and moving through the legislature, a citizen can go to the state web site and see the text of the bill and determine when and where that bill will be heard in committee. In order for citizens to be able to effectively contact their legislators on these bills, it is important to have fair notice of what is being considered so that you can contact your legislators with support, opposition or comments. Increasingly, however, it has been noted that amendments to bills are being prepared and circulated to legislators in advance of the committee hearings. Often times these amendments delete the original bill language entirely and propose an entirely new or different bill. If you watch the hearings, you will often hear the bill sponsors state that an "amendment is in the packet" and that the amendment "rewrites the bill." The problem is that these amendments, although written clearly in advance of the hearings are not posted on the state's web site even as proposed amendments. The effect of this is that citizens can be easily blind sided by changes in the substance of a bill that they thought they supported but perhaps no longer do. Please contact your legislators with concerns about the fact that these proposed amendments are not being put on the state's legislative web site in advance of the hearings. Clearly they exist and are being circulated. Clearly the amendments are being provided to some interested parties. However, they are not being made available online to the citizens. This is deceptive and misleading if the citizen is relying on the assumption that when a bill is on notice that the substance of the bill that will be heard is what is reflected on the state's web site as the bill's summary and text. Please help us with this specific procedural point. It will make TFA's job of monitoring and reporting on proposed legislation more efficient and accurate. ________________________________________ CRIMINAL LAW SB 0019* HB 0082 Carrying firearms - judges. Authorizes current and retired judges who possess a handgun carry permit to carry a firearm under the same circumstances and conditions as law enforcement officers and correctional officers. Current law allows law enforcement officers to carry firearms at all times, on-duty or off-duty, except if prohibited by federal law, court orders, or written directives of the executive supervisor of the employing agency, or if the officer is on school grounds or under the influence of alcohol or a controlled substance. (S: Gresham; H: Shaw) Amendment: House amendment 1 imposes the following requirements for this bill's authorization for judges and retired judges to apply: (1) The judge must be authorized to carry a weapon pursuant to the present law provisions governing handgun carry permits; (2) The judge must complete, at the judge's expense, the firearms component of the Basic Law Enforcement Course that is included within the minimum curricula requirements for police officer certification as established in the rules of the peace officer standards and training (POST) commission; and (3) Beginning in the year immediately following the year in which the judge completes the requirement of (2), the judge must annually complete, at the judge's expense, the firearms requalification requirement of the In-Service Training Requirements for police officers as established in the rules of the POST commission. Requires the POST Commission to establish by rule an appropriate fee to charge judges who attempt the firearms component of the Basic Law Enforcement Course and the firearms requalification requirement of the In-Service Training Requirements for police officers. Specifies that the fee must be sufficient to defray all cost of participation in such training. Senate Status: Senate Judiciary 05/06/2009 recommended with amendment. House Status: House 04/02/2009 passed with amendment 1. TFA OPPOSES "class legislation" which defines which civilians can carry a firearms pursuant to the civilian handgun carry permit based on what their job is or was. The House version is "class legislation". The Senate version, as amended by Sen. Gresham on 5/6/09 removes the class legislation and merely clarifies that a judge may possess a firearm in his or her own courtroom if they have a civilian handgun carry permit. TFA can support this bill but only with this amendment. CRIMINAL LAW SB 0032 HB 0046* Handgun information privacy. 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. (S: Tracy; H: Evans) Senate Status: Senate passed 04/09/2009. House Status: House passed 03/19/2009. Other Status: Enacted as Public Chapter 0101 (effective 04/27/2009). TFA congratulates Sen. Tracy and Rep. Evans on this bill being enacted into law. CRIMINAL LAW SB 0201* HB 0587 Disposition of confiscated weapons. Allows director of judicial district drug task force to petition court for permission to dispose of confiscated weapons by public sale, destruction of weapons or by retaining weapon for legitimate law enforcement purposes. (S: Bunch; H: Coleman) Amendment: Senate amendment 1 specifies that the proceeds from the sale shall go into the county or municipal general fund unless the weapon was confiscated by a judicial district drug task force in which case the funds are deposited for the benefit of the task force. Senate Status: Senate 03/16/2009 passed with previously adopted amendment 1. House Status: House passed 04/20/2009. Other Status: Signed by governor 05/05/2009. TFA continues to OPPOSE any legislation or law which permits the destruction of firearms as wasteful. The items, if seized legally, should be sold. The government seldom destroys cars or other items that are seized. The government destroys guns in a political assertion against the citizens and for no legitimate reason. TORT LIABILITY SB 0281 HB 0367* Injury or death from risks of off-highway vehicles. Precludes civil liability of any person, including corporation or partnership, or any off-highway vehicle (OHV) professional who facilitates or provides access to certain OHV activities which result in injury or death from the activity's inherent risks. Broadly captioned. (S: Stewart E.; H: Matheny) Senate Status: Senate Judiciary deferred to 05/12/2009. House Status: House Civil Practice Subcommittee deferred to summer study. FAMILY LAW SB 0314* HB 1225 Surrender of firearms under orders of protection. Creates a Class A misdemeanor for failure to surrender all firearms when subject to an order of protection. Requires the administrative office of the courts to revise the petition for such order form to specify the respondent's requirements to surrender. Stipulates that an order of protection must contain the following provisions: one part stating that it is a criminal offense and a violation to own, possess, transport, carry or receive a firearm during the time an order is in effect; and one part directing the respondent to surrender all firearms that the respondent owns, possesses or has control over and stating that it is a criminal offense to fail to surrender all firearms after being ordered to do so. Provides for the storage of weapons by law enforcement and authorizes them to charge a fee for such storage. Also dictates the procedure for return of the weapons. (S: Black; H: Harwell) House Co-Sponsors: Sontany; Pruitt; Gilmore; Jones S.; Maggart; Richardson; Camper Amendment: House Judiciary Committee amendment 1 makes the bill. Requires a person against whom an order of protection has been issued to dispose of any firearms within 48 hours through any lawful means. Revises the order of protection form to give notice of federal requirements and mandates an affidavit of firearm disposition be returned to the court upon completion of disposal. Clarifies that the person may resume possession of firearms once the order of protection is lifted. Senate amendment 1 makes the bill. Requires a person against whom an order of protection has been issued to dispose of any firearms within two days through any lawful means. Revises the order of protection form to give notice of federal requirements and mandates an affidavit of firearm disposition be returned to the court upon completion of disposal. Clarifies that the person may resume possession of firearms once the order of protection is lifted. Creates a Class A misdemeanor for a person to knowingly possess a firearm while an order of protection is in place. TN Judicial Council Comment: The Judicial Council noted that the use of the word "own" may cause some confusion, as a person under this law would not give up ownership of firearms, merely possession. Further, the Judicial Council recognized that it would be prudent to ascertain the thoughts of law enforcement with regard to the duties required of them. Finally, the Judicial Council observed that there may be procedural difficulties related to the process for petitioning for the return of firearms, as it would require law enforcement to send notices and without involvement of the district attorney or some special prosecutor, the court will become a prosecutor with regard to petitions for the return of seized weapons. Senate Status: Senate 05/04/2009 passed with amendment 1. House Status: House Finance, Ways & Means 05/05/2009 recommended. Sent to House Calendar & Rules. Other Status: Tennessee Judicial Council reviewed 03/19/2009 with comment. CRIMINAL LAW SB 0383 HB 0411* Selling of firearms to certain persons prohibited. Creates Class A misdemeanor offense of attempting to purchase a firearm when prohibited by law from possessing a firearm. Also creates Class A misdemeanor offense of selling a firearm to a person known to be prohibited by law from possessing a firearm. (S: Barnes; H: Pitts) Amendment: House amendment 1 renames the bill "Coach Willard Ross Act of 2009." Senate Status: Senate passed 04/30/2009. House Status: House 03/23/2009 passed with amendment 1. Other Status: Sent to governor 05/04/2009. CAMPAIGNS & LOBBYING SB 0440* HB 0969 Restoration of voting rights. Requires a person to have paid all restitution to the victims, paid all fines imposed by the court, and paid all court costs before the person can have a voter registration card restored. (S: Overbey; H: McCord) Amendment: House Judiciary committee amendment 1 and Senate amendment 1 requires a person convicted of a felony to pay all court costs imposed before such person's voting rights are restored, except where the court has made a finding at an evidentiary hearing that the applicant is indigent. Senate Status: Senate 04/16/2009 passed with amendment 1. House Status: Referred to House Finance Budget Subcommittee. CRIMINAL LAW SB 0474 HB 0070* Protection of property. Removes prohibition against using deadly force in protection of property. Specifies that there is an exemption from provisions allowing the use of deadly force against a person lawfully allowed to be in a business as there is for a dwelling, residence or occupied vehicle. (S: Berke; H: Fincher) Amendment: House amendment 1 deletes section one of the printed bill and authorizes a person to use deadly force unless the person is not justified in using deadly force to prevent or terminate another person's trespass on real estate or unlawful interference with personal property. Senate Status: Senate passed 04/30/2009. House Status: House 03/19/2009 passed with amendment 1. Other Status: Sent to governor 05/04/2009. CRIMINAL LAW SB 0554 HB 0254* Purchasers of firearms not required to produce thumbprint. Removes requirement that a gun dealer must obtain a thumbprint from a purchaser and deletes provision whereby the TBI must provide firearms transaction thumbprint forms. (S: Norris; H: Casada) House Co-Sponsors: Fincher; Moore; Evans; Montgomery; Sargent; Todd; Bell; Hensley; Rich; Hill; Campfield; Williams K.; Watson E.; Dean; Faulkner; Swafford; McCormick; McDaniel; Harrison; Eldridge; Johnson C. Amendment: Senate amendment 1 revises the present law requirement that a gun dealer request that the TBI conduct a criminal history record check to clarify that the request would be made "by means designated by the TBI" instead of "by telephone". Senate Status: Senate 04/09/2009 passed with amendment 1. House Status: House 04/20/2009 concurred in Senate amendment. Other Status: Enacted as Public Chapter 0102 (effective 07/01/2009). CRIMINAL LAW SB 0678 HB 0665* Offense of spotlighting deer. Requires docket number for prior convictions to be included along with time and place of prior convictions in the indictment or presentment when prosecuting a person for second or subsequent offense of spotlighting deer. Broadly captioned. (S: Woodson; H: Sargent) Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: Caption bill held on House clerk's desk. ENVIRONMENT & NATURE SB 0686* HB 0963 Effective date of regulations for cooperative agreements. Requires executive director of agency to submit report to the governor and each member of the wildlife resources commission by September 30 of each year. Extends effective date of regulations for cooperative agreements with federal agencies from 30 to 45 days after publication. (S: Woodson; H: McCord) Amendment: House Conservation & Environment amendment 1, Senate Environment amendment 1 makes the bill. Extends from June 13, 2009 to June 13, 2010 the amount of time the special joint legislative study committee on TWRA has to report its findings to the general assembly. Senate Status: Referred to Senate Finance, Ways & Means 04/30/2009 from Senate floor. House Status: Referred to House Rep. McDaniel's Study Committee Subcommittee 05/06/2009. HEALTH CARE SB 0850* HB 1552 Universal mental health testing of juveniles. Places restrictions on universal mental health testing, or psychiatric or socioemotional screening of juveniles. Requires certain consent by a juvenile's parent, guardian, legal custodian, or caregiver before such testing can occur. (S: Black; H: Harwell) Senate Co-Sponsors: Burks; Gresham; Beavers; Ketron; Crowe; McNally; Burchett; Tracy; Ramsey R.; Yager Senate Status: Senate passed 03/23/2009. House Status: House passed 04/20/2009. Other Status: Signed by governor 05/05/2009. CRIMINAL LAW SB 0976 HB 0716* Handgun carry permit holders can carry guns in state parks. Permits a resident who has a valid handgun carry permit to possess a handgun while within the boundaries of any state park. (S: Beavers; H: Niceley) Amendment: House amendment 1 directs department not to change signage unless as part of normal repairs due to damage or as part of a scheduled sign replacement. Senate Judiciary committee amendment 1 makes the bill. Allows handgun carry permit holders to possess handguns in parks and other similar public places owned and operated by the state, county, or city. Allows local governments to elect to prohibit gun carry permit holders from possessing handguns in local parks. Requires approval by a majority vote of the local legislative body. Requires the prohibition to apply to entire parks. States that the department does not have to replace or change any existing signs that prohibit firearms or erect any new signs. Allows the department to replace or repair signs that have been damaged or are scheduled for replacement in accordance with the park's regular replacement schedule. Changes the effective date of the bill to September 1, 2009 for the purposes of cities and counties prohibiting possession in parks. Senate Judiciary amendment 2 changes the majority vote provision to a majority resolution of the governing body. Senate Status: Senate Judiciary 05/06/2009 recommended with amendment. Sent to Senate Finance, Ways & Means. House Status: House 04/20/2009 passed with amendment 1. TFA SUPPORTS this bill with the Senate Amendment!!!! A key provision of the Senate amendment is that local parks are "OPEN" to permit holders unless the local legislative body votes to CLOSE the ENTIRE PARK. The original amendment would have required a 2/3 vote of the local legislative body. That 2/3 requirement received opposition from a few senators who are believed to also represent local governments. Senator Jackson has made the observation that the right to carry and the right of self defense are constitutionally protected rights which is clearly consistent with DC v. Heller. Senator Jackson made the comment that with respect to these gun bills the question is not whether there is a need to allow handgun permit holders in various areas. The question is whether there is a compelling state or local interest to infringe on the rights of citizens to carry firearms and to use them for self defense as stated by the Supreme Court. This is a much better way of framing the question and shifting the burden. Consistent with that approach, a 2/3 or greater vote requirement on local government to close a local park is constitutionally warranted. Also, note that frequently local governments ask for permission from the legislature to make certain changes in local law, including things like the hotel/motel tax. Typically, when the legislature approves such local actions it requires a local 2/3 vote. If the hotel/motel tax is protected by a 2/3 local vote then why not the right to self-defense? CRIMINAL LAW SB 1113* HB 1277 Expungement of records - persons found not guilty. Requires judge to order, in cases of a verdict of not guilty being returned, that all public records of the person charged are automatically removed and destroyed. (S: Harper; H: Gilmore) Senate Co-Sponsor: Marrero Amendment: House Judiciary amendment 1 directs the judge to ask the person charged upon a verdict of not guilty if they want their records to be removed and destroyed. If the person wants the records destroyed the judge will direct that they be destroyed. Judicial Council comment: Judicial Council adopted and released to full committee with additional remark that expunging the records at issue will involve considerable expense, particularly if the acquittal results from an appeal as opposed to an initial verdict, and that the legislation arguably is unnecessary since the statute currently provides a method for seeking expungement of these records. With regard to acquittals which result from appeals, the Council also noted that data regarding criminal convictions is often purchased by third parties who may then transfer the data to other persons/entities, and it will be impossible for state agencies to retrieve this data for removal/destruction. The Council also stated that the sponsor may wish to consider adding a provision which gives the person an opportunity to object to the destruction of his or her records. The Council next suggested that the sponsor may wish to clarify which records must be destroyed. The Council observed that the sponsor may wish to consider amending the language (in the existing statute as well as in the legislation) which requires the removal and destruction of "all public records" and this legislation has the effect of eliminating a cause of action for malicious prosecution since the relevant records would have been destroyed. Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: Set for House Calendar & Rules Committee 05/12/2009. Other Status: Tennessee Judicial Council reviewed 03/26/2009 with comment. CRIMINAL LAW SB 1126 HB 0959* Handgun carry permit application info confidential. Makes information contained in handgun carry permit applications and renewals, information provided to any state or federal agency to investigate applicant, and records maintained relative to the permit application or revocation of permit confidential. Creates Class A misdemeanor offense of unauthorized publication of permit information or records. (S: Norris; H: Bass) Amendment: House amendment 1 removes language from the bill that would create a class A misdemeanor offense of unauthorized publication of permit information. Senate Judiciary amendment 1, as amended, removes language from the bill that would create a class A misdemeanor offense of unauthorized publication of permit information. Also adds language requiring permit information to be released to the Comptroller in order to insure that the handgun carry permit laws are being properly administered. Senate Status: Senate Judiciary 04/01/2009 recommended with amendment. House Status: House 05/04/2009 passed with amendment 1. CRIMINAL LAW SB 1127 HB 0962* Carrying guns in restaurants. Authorizes any individual with a handgun carry permit to carry a firearm into a restaurant that serves alcoholic beverages as long as such individual is not consuming alcoholic beverages and such restaurant is not an age-restricted venue, defined in current code as an establishment that restricts admission to persons who are age 21 years or older by checking patrons' identifications. (S: Jackson; H: Todd) Senate Co-Sponsor: Norris Amendment: House amendment 1 rewrites the bill. Authorizes any individual with a handgun carry permit to carry a firearm into a restaurant that serves alcoholic beverages as long as such individual is not consuming alcoholic beverages. Prohibits such carrying between the hours of 11:00 p.m. and 5:00 a.m. and at such times that the restaurant is age-restricted. Defines age-restricted for purposes of this amendment as a restaurant that affirmatively restricts access to persons 18 or older by checking patrons' identifications. Removes reference in original bill referring to the bill being subject to provisions of TCA 9-17-1359, permitting a property owner to post notices on such property prohibiting firearms. Senate amendment 1 removes the provisions of House amendment and thus reinstates the provisions of the original bill. This amendment also revises the original bill to remove the requirement that the restaurant not be an age-restricted venue in order for a person who has a handgun carry permit and otherwise complies with the bill to carry a handgun into the restaurant. Changes the effective date from "upon becoming law" to June 1, 2009. Conference Committee: Conference Committee report on HB 962/SB 1127 removes the provisions of House amendment 1 and thus reinstates the provisions of the original bill. Revises the original bill to remove the requirement that the restaurant not be an age-restricted venue in order for a person who has a handgun carry permit and otherwise complies with the bill to carry a handgun into the restaurant. Changes the effective date from "upon becoming law" to June 1, 2009. Senate Status: Senate 04/27/2009 appoints conference committee. House Status: House 05/07/2009 adopted conference committee report. Other Status: The committee adopted conference committee report on HB 962/SB 1127, recommending that the bill be passed as amended in the Senate. Senate amendment 1 removes the provisions of House amendment and thus reinstates the provisions of the original bill. This amendment also revises the original bill to remove the requirement that the restaurant not be an age-restricted venue in order for a person who has a handgun carry permit and otherwise complies with the bill to carry a handgun into the restaurant. Changes the effective date from "upon becoming law" to June 1, 2009. Sen. Jackson (D) clarified that the bill should allow bar owners to post signs prohibiting the carrying of guns into their establishments, but the amendment as currently drafted does not explicitly state this. TFA is excited about this one. Our members have been working on this for 15 years and its clear that the removal of Jimmy Naifeh from the Speaker's office has coincided with the ability to move pro 2nd Amendment firearms legislation forward in the House. TFA also congratulates the conference committee members on their majority report and on the House members voting to support this bill who have stood firm for 2nd Amendment rights. We are expecting to see this pass the Senate overwhelmingly the week of May 11. CRIMINAL LAW SB 1273 HB 0898* Handgun carry permit holders allowed to carry in parks. Allows person with a valid handgun carry permit to carry handgun in a public park, public postsecondary institution, or an establishment where alcoholic beverages are being served. Permits a judge, on-duty or off-duty, to carry a firearm. Specifies restrictions for judge with carrying of firearm. (S: Bunch; H: Watson E.) Senate Status: Set for Senate Judiciary Committee 05/12/2009. House Status: House Judiciary 05/06/2009 recommended with amendment 1. Sent to House Finance, Ways & Means. The House Amendment is not on the state web site. CRIMINAL LAW SB 1399* HB 1625 Non-violent felons and handgun permits. Allows non-violent felons who have had rights restored to apply for a handgun permit if they were not convicted of a violent or drug-related felony. (S: Jackson; H: McCord) Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: House Judiciary Criminal Practice Subcommittee deferred to summer study 04/08/2009. TFA SUPPORTS this bill. It is important to fix a problem enacted in 2008 which substantially changed the law for 10's of thousands of individuals in Tennessee who have non-violent felony convictions (e.g., bad check charges) and who have had their civil rights restored by a court. This bill needs to be passed. CRIMINAL LAW SB 1403* HB 1748 Former mental institution patients and firearm permits. Permits person who was voluntarily committed or hospitalized in a mental institution to apply for and obtain handgun carry permit if hospitalization was at least five years prior to application and applicant attaches statement from doctor that applicant does not pose immediate risk of serious harm due to mental illness. (S: Jackson; H: Bass) Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: Taken off notice in House Criminal Practice Subcommittee 04/29/2009. CRIMINAL LAW SB 1518 HB 0960* Handgun carry permit holders to carry in parks. Authorizes people with handgun carry permits to possess firearms in parks owned by state, local, or federal governments. (S: Beavers; H: Tindell) Amendment: House amendment 1, as amended, deletes state parks from the bill's provisions. Makes it permissive for a local government to allow firearms to be possessed in local parks. A majority vote of the local governing body would be required. Local governments would be able to decide in which local parks or specific areas of local parks, firearm possession would be allowed. Allows the possession of firearms in state parks even if the park is operated by a local government pursuant to a state/local agreement. Senate Status: Senate Judiciary deferred to 05/06/2009. House Status: House 04/20/2009 passed with amendment 1. CRIMINAL LAW SB 1519 HB 0961* Handgun carry permit holders to carry in wildlife areas. Allows a person with a valid handgun carry permit to possess firearm in a refuge, public hunting area, wildlife management area, or on national forest land. (S: Burchett; H: Matlock) Amendment: House Judiciary Committee amendment 1 exempts state parks from the provisions of the bill and excludes those wildlife refuges where access is denied. Senate Status: Senate Judiciary 05/06/2009 recommended. Sent to Senate Finance, Ways & Means. House Status: House Judiciary 03/04/2009 recommended with amendment. Sent to House Finance, Ways & Means. CRIMINAL LAW SB 1557 HB 1117* Carrying of firearms by retired law enforcement officers. Requires POST commission to establish by rule how this state will implement the federal "Law Enforcement Officers Safety Act of 2004," relative to the carrying of firearms by qualified and retired law enforcement officers. (S: Burchett; H: Casada) Senate Status: Senate Judiciary 05/06/2009 recommended. Sent to Senate Finance, Ways & Means. House Status: House State & Local Government deferred to last calendar. CRIMINAL LAW SB 1609* HB 1795 Using force in self-defense. Establishes circumstances in which a person has no duty to retreat before threatening or using force in self-defense. Extends circumstances under which there is a legal presumption that a person using force in self-defense was justified. Extends civil immunity upon a person properly using self-defense. Clarifies procedures by which law enforcement agencies shall investigate instances in which use of force may have been justified. (S: Beavers; H: Fincher) House Co-Sponsor: West Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: Set for House Judiciary Committee 05/13/2009. TFA SUPPORTS this bill. It is off notice but we need to try to get it moving. It fixes some SERIOUS problems in Tennessee's self defense law - "castle doctrine" that came into law in a poorly drafted bill in 2007 that, significantly, the NRA and TFA has killed in 2005 and 2006. CRIMINAL LAW SB 1610* HB 1796 Tennessee Firearms Freedom Act. Enacts the "Tennessee Firearms Freedom Act." Assumes that when a firearm and all of its essential parts are not manufactured in other states and shipped to Tennessee for assembly, that firearm and any others similarly assembled entirely within the state, are not subject to federal authority to regulate firearms under interstate commerce. Narrows the definition for firearm to preclude anything that cannot be carried and used by one person, a firearm that has a bore diameter greater than one and half inches, a firearm that uses ammunition with a projectile that explodes or has a chemical explosive element, or a firearm that discharges two or more projectiles with one activation of the trigger. (S: Beavers; H: Fincher) House Co-Sponsor: West Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: House Judiciary 05/06/2009 recommended. Sent to Calendar & Rules. THIS IS THE 10th AMENDMENT bill for Tennessee similar to the ones being passed or considered in Montana and 30+ other states. This bill needs to be on notice and moving forward. CRIMINAL LAW SB 1615* HB 1801 Handgun carry permits. Provides that "handgun carry permit" may be used interchangeably with "weapon carry permit" where applicable in existing Tennessee law concerning carry permits. (S: Beavers; H: West) Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Criminal Practice Subcommittee deferred to first calendar 2010. This is one of many bills by Rep. West that are being bumped to 2010 due to his health status. CRIMINAL LAW SB 1619* HB 1805 Carrying a firearm in any public park. Excludes holder of handgun carry permit from prohibition against carrying a firearm in any public park, playground, civic center, or other public recreational area or facility. (S: Beavers; H: West) Senate Status: Taken off notice in Senate Judiciary Firearms & Ammunitions Subcommittee 03/18/2009. House Status: House Judiciary Criminal Practice Subcommittee deferred to first calendar 2010. This is one of many bills by Rep. West that are being bumped to 2010 due to his health status CRIMINAL LAW SB 1620* HB 1808 Gun permit holder change of address. Extends the time that a permit holder has to notify the department of safety that the permit holder's address has changed from 60 days to 90 days. (S: Beavers; H: Fincher) House Co-Sponsor: West Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Criminal Practice Subcommittee deferred to first calendar 2010. This is one of many bills by Rep. West that are being bumped to 2010 due to his health status CRIMINAL LAW SB 1621* HB 1809 Rules concerning weapons subject to review. Specifies that the rules concerning weapons are to be subject to review by the house and senate government operations committees. (S: Beavers; H: Fincher) House Co-Sponsor: West Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Criminal Practice Subcommittee deferred to first calendar 2010. This is one of many bills by Rep. West that are being bumped to 2010 due to his health status CRIMINAL LAW SB 1622* HB 1806 Carrying handgun on school grounds with permit - in vehicle. Authorizes a non-student adult who has a handgun carry permit to carry a firearm if the firearm is contained within a private vehicle and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property. (S: Beavers; H: West) Senate Status: Referred to Senate Judiciary. House Status: House Judiciary Criminal Practice Subcommittee deferred to first calendar 2010. This is one of many bills by Rep. West that are being bumped to 2010 due to his health status CRIMINAL LAW SB 1642* HB 1781 Restricts information - handgun safety course. Establishes that no applicant for a handgun carry permit shall be required to furnish to the department or employee of a department approved handgun safety course information involving the serial number, model number, manufacturer, type, caliber or whether the applicant own the handgun used for the safety course. Broadly captioned. (S: Beavers; H: Fincher) House Co-Sponsor: West Senate Status: Referred to Senate Judiciary. House Status: House Judiciary 05/06/2009 recommended with amendments 1 and 2. Sent to House Calendar & Rules. CRIMINAL LAW SB 1646* HB 1786 Information required for handgun safety courses. Specifies that an applicant for a handgun carry permit is not required to furnish certain information on the handguns the applicants owns to an approved handgun safety course instructor. Such information includes the serial number of the handgun, the model number, the manufacturer or make, the type or caliber. (S: Beavers; H: West) Senate Status: Referred to Senate Judiciary. House Status: Taken off notice in House Judiciary 05/06/2009. CRIMINAL LAW SB 1920* HB 1974 Fees for having criminal record expunged. Increases the fee charged a person making an application to have criminal record expunged from $50.00 to $60.00. (S: Johnson J.; H: Casada) Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: Referred to House Judiciary Criminal Practice Subcommittee. CRIMINAL LAW SB 1992 HB 1778* Lawfully possessed firearms during martial rule. Prohibits any public official from confiscating lawfully possessed firearms and ammunition during any such period of martial rule. (S: Johnson J.; H: Casada) Senate Status: Senate passed 05/07/2009. House Status: House passed 04/20/2009. Other Status: Sent to the speakers for signatures 05/07/2009. CRIMINAL LAW SB 2036* HB 1923 Judge must advise defendants of firearm consequences. Requires a judge to tell any defendant pleading guilty or nolo contendere to a domestic assault charge that such plea will prohibit the person from ever purchasing or possessing a firearm and make the person ineligible to apply for or retain a handgun carry permit. (S: Jackson; H: Fincher) Senate Status: Taken off notice in Senate Judiciary 05/06/2009. House Status: Referred to House Judiciary Criminal Practice Subcommittee. CRIMINAL LAW HJR 0032 Joint committee to study Tennessee's gun laws. Creates special joint committee to study Tennessee's gun laws, including concealed carry permits, issuance of gun licenses to dealers and consumers, persons who are allowed to carry guns and where such persons are allowed to carry guns, penalties associated with guns, and any other matter the joint study committee may find reasonable and prudent. (H: West) Amendment: House Judiciary committee amendment 1 changes the due date of the joint study committee's report from March 30 to May 30. Requires the study committee to meet only on legislative session days in order to mitigate the fiscal impact of the bill as filed. House Status: House Rep. McDaniel Study Committee Subcommittee deferred to next meeting. ________________________________________ John Harris Executive Director Copyright, Tennessee Firearms Association, Inc. 2009 Copyright, John Harris 2009 P.O. Box 198722, Nashville, TN 37219 Used by permission. David www.tfaonline.org |
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"Please contact your legislators with concerns about the fact that these proposed amendments are not being put on the state's legislative web site in advance of the hearings. Clearly they exist and are being circulated. Clearly the amendments are being provided to some interested parties. However, they are not being made available online to the citizens. This is deceptive and misleading if the citizen is relying on the assumption that when a bill is on notice that the substance of the bill that will be heard is what is reflected on the state's web site as the bill's summary and text. "
Thank you for this information. |