Posted: 6/7/2009 11:21:31 AM EDT
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Tennessee Firearms Association, Inc.
Legislative Action Committee ________________________________________ Its been a historic week in Tennessee. Its a long post with lots of topics, so please take your time and read it all. Its been said that this is the year for the TFA in the legislature. Its true in some respects that we are seeing many issues which we have worked on for as much as 15 years become law. However, this is just the swing of the pendulum as we still see much opposition from organizations such as the Tennessee Chiefs of Police Association and opposition from elected officials. The 2010 election cycle could improve things even more if we are able to continue to remove individuals from elected and appointed offices who lack a fundamental understanding of the constitutions. As we move toward that date, do not tolerate candidates who simply say, as Phil Bredesen did when he was vetoing the Restaurant law, "I support the 2nd Amendment". Now, we have recorded votes and other actions to consider. We have veto override votes. We have votes on many firearms and civil rights bills. We have votes against other bills that should have been passed (such as the fixes to the castle doctrine and the restoration of rights bills). We have votes cowardly sending other bills to "summer study." We have votes on state's rights, the 10th Amendment and against federal mandates. We have votes from asserted "2nd Amendment supporters" in favor of "class legislation" which does nothing more than allocate fundamental constitutionally protected rights not on citizenship but on job or offical stautus (e.g., special privieleges to law enforcement, retired law enforcement, judges and retired judges). We have to drive home the point that these bills are about fundamental rights, constitutional principles, federalism, states' rights and civil rights and all of these must be weighed. Sadly, very few legislators are consistent since they claim 2nd Amendment support but then also claim to be "strong supporters" of law enforcement (which is ok) but what does that have to do with retired officers and off duty officers when the issue is fundamental rights? Also, we have had a lot of activity recently on the TFA Online Forum www.tfaonline.org/forum in almost realtime as things were developing this week on the Veto Override as well as on the actions at the end of the week as Metro Nashville started efforts to circumvent the veto override on the Restaurant law. If you are not active and participating on the TFA Online Forum, it might also be a place for you. You can also track TFA instant alerts on Twitter ________________________________________ Senator Doug Jackson and Senator Mae Beavers Both of these deserve special recognition this week. Senator Jackson made one of the best arguments to date on the Restaurant bill on the Senate floor relative to the veto override. He addressed the misinformation, lies and misplaced emotional pleas of the liberal news media. He responded to false assertions by certain opponents of the Restaurant bill that "all" law enforcement oppose mixing "guns and alcohol" by reading letters into the legislative history from various sheriffs in his district (such as Sheriff Wall from Dickson) and at least one chief of police (who also addressed the stunts of the Tennessee Chiefs of Police Association) who strongly support the restaurant bill. He recited the story of Nikki Goeser whose husband Ben was murdered in a restaurant in April 2009 while her handgun was in her car because Tennessee at that time restricted her rights. If you have not seen the video, I strongly recommend that you watch it - over and over again. Video of Sen. Jackson's speech before veto override Senator Beavers, who chairs the Senate Judicary, also quitely carried the Tennessee Firearms Freedom Act to Senate vote of overwhelming vote on the Senate floor. She was a guest on the Glenn Beck show on Friday, June 5, to talk about Tennessee's now historic stand against the federal government under the 10th Amendment and in favor of state's rights. ________________________________________ Attention turns to local officials who seek to defeat Restaurant bill and parks bill. On Friday, June 5, news reports starting breaking across the state that local officials in Nashville we considering an end-run on the restaurant law by trying to deny beer permits to restaurants that do not put up signs banning firearms ownership. The Nashville Post was one of the first to roll the story but many other news outlets ran the story. Nashville Post Article As we have noted before, much of the focus of firearms rights has been in the past limited to state and federal elections. That must change. Local officials, as we make progress at the state level, will increasing try to exercise their limited authority to thwart fundamental rights. These local officials now must be measured on constitutional principles which is something that sadly voters seldom see capable of doing. Well now, these local officials are going to be forced to take a public record position on issues such as restaurants, parks and posting of other public properties. These votes will and written election promises from other candidates will now require scrutiny and demands of accountability. We understand that a request has been made of the State Attorney General by the legislature as to whether the stunt proposed by Nashville council members violates state law. Depending on the outcome of that opinion, we could see a new law written and passed within the last minutes of this legislative session to slap the hands of these local officials. What can you do - call and write the legislature demanding that the restaurant bill be protected from local abuse. Also, contact every member of the Metro council on this issue. It does not matter if you are a Nashville resident because you are likely at some point to be in Nashville and this kind of abuse - if not checked - can impact your rights. Here is a link to the list of Nashville Council Members, included are phone numbers and email addresses. You CAN email all council members in a mass email from the Metro website. Metro Council Members (Nashville) ________________________________________ We, Tennessee's firearms owners and hunters, have had historic success the week of June 1 with the passage of the restaurant law, with the passage of the Tennessee Firearms Freedom Act (making national news as well), with a veto override and with massive, statewide news coverage. However, it is not time to sit in the shade and congratulate each other. We have work still to do before the legislature adjourns for the summer and we have work to do to continue to remove 2nd Amendment Offenders from office at the national, state and, now perhaps more than ever before, at the local level. Charleston Heston, in memorable fashion, raised his hands and proclaimed "From my cold dead hands" and I want you to look and see where you hands are. Are you working to protect yourself and your country from those who would convert it to a socialist and/or marxist nation? Are you standing up for your rights for yourself, your family and your heirs? You can. You must. 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: Senate amendment 1 allows persons who are vested with judicial powers to carry weapons during judicial proceedings when they are discharging their official duties as a judge and when they possess a handgun carry permit. 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: Set for Senate Message 06/08/2009. House Status: House 06/03/2009 appoints conference committee. This HOUSE version of this bill represents a classic example of class legislation which must be defeated. It seeks to define fundamental rights not simply on the issue of citizenship but on the distinction between individuals based on their jobs or former jobs. The SENATE version strips away all class considerations. The House has refused to accept the senate version. The House has appointed Reps. Shaw, Watson and Naifeh as conference committee members. On the last recorded House vote, Watson and Shaw voted in favor of this class legislation. Naifeh voted against it. We can assume at least 2 of these three then will continue to vote in support of CLASS LEGISATION. The Senate has not appointed a conference committee at this point. We need calls to Senator Gresham (the Sponsor) and to Lt. Gov. Ramsey, who will appoint the conference, insisting that the conference member remain loyal to the concept of "NO CLASS LEGISLATION" Call ALL SENATORS, if the bill does not remain free of class legislation provisions then it needs to die on the Senate floor following the conference committee. ENVIRONMENT & NATURE SB 0264* HB 0569 Fishing and hunting licenses for disabled. Allows TWRA to issue sport fishing and hunting licenses at no cost to Tennessee residents who are 100 percent disabled and receive social security disability benefits. (S: Jackson; H: Shepard) Senate Status: Set for Senate Finance, Ways & Means Committee 06/09/2009. House Status: House Conservation & Environment deferred to last calendar. 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 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 06/02/2009 concurred in House amendment 1. House Status: House 05/21/2009 passed with amendment 1. Other Status: Sent to the speakers for signatures 06/02/2009. CRIMINAL LAW SB 0539 HB 0351* (Full Text) Assault on law enforcement officer. Creates Class E and D felony offenses of assault on law enforcement officer. Also creates Class B felony offense of aggravated assault on law enforcement officer. (S: Ketron; H: Hackworth) Amendment: House amendment 1 rewrites the bill. Increases the maximum fine to $5,000 for assault and to $15,000 for aggravated assault if the victim is a law enforcement officer. Senate Status: Senate passed 06/02/2009. House Status: House 05/21/2009 passed with previously adopted amendment 1. Other Status: Sent to the speakers for signatures 06/02/2009. Sadly, this bill sets a bad precedent of increasing putting increased penalties in place for assaults on law enforcement as compared to violent attacks on civilians. Why? CRIMINAL LAW SB 0555 HB 0238* Felons convicted of violent crimes cannot have vicious dogs. Prohibits a person who has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon from knowingly possessing a vicious dog. (S: Norris; H: DeBerry J.) Amendment: House Judiciary committee amendment 1 adds a definition for vicious dog and also requires that the dog owner have the dog spayed or neutered within a specific time. Senate Status: Referred to Senate Judiciary. House Status: Held on House clerk's desk. CRIMINAL LAW SB 0578 HB 0390* Loaded guns in vehicles. Allows a person with a handgun carry permit to possess a loaded rifle or loaded shotgun in a motor vehicle. (S: Jackson; H: Fincher) Amendment: Senate amendment 3 specifies that the handgun permit holder could carry only in a privately owned vehicle. Provides that the weapon cannot have ammunition in the chamber except in the case that an individual permit holder feels physically threatened. Senate Status: Senate 05/18/2009 passed with amendment 3. House Status: House 05/26/2009 concurred in Senate amendment 3. Other Status: Sent to governor 06/01/2009. CRIMINAL LAW SB 0672 HB 0606* Possession of a firearm during a dangerous felony. Defines attempt to commit first degree murder as a dangerous felony for the offense of possessing a firearm during commission of a dangerous felony. (S: Norris; H: DeBerry J.) Senate Status: Set for Senate Finance, Ways & Means Committee 06/09/2009. House Status: House Finance Budget Subcommittee 05/13/2009 set behind budget. JUDICIARY SB 0673 HB 0607* Sentencing for aggravated robbery. Prohibits release eligibility for a person who has a prior conviction for a dangerous felony committing aggravated robbery with a firearm until the person has served 75 percent of the sentence imposed. This bill is sometimes referred to as the "crooks with guns" bill. (S: Norris; H: DeBerry J.) Senate Status: Set for Senate Finance, Ways & Means Committee 06/09/2009. House Status: House Finance Budget Subcommittee 05/13/2009 set behind budget. 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: Set for Senate Finance, Ways & Means Committee 06/09/2009. House Status: House Finance Budget Subcommittee 05/27/2009 set behind budget after adopting amendment 1. 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 amendment 2 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. Changes the majority vote provision to a majority resolution of the governing body. Senate amendment 3 removes wildlife management areas from the provisions of the bill. Senate Status: Senate 05/18/2009 passed with amendments 2 and 3. House Status: House 05/26/2009 concurred in Senate amendments 2 & 3. Other Status: Sent to governor 06/01/2009. The Governor has 10 days, excluding Sundays, to sign or veto. If he does neither, it becomes law without his signature. We need to be contacting legislators to be prepared for a veto override although the chances of needing this we hope are less than it was with the restaurant bill. 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. Other Status: Vetoed by governor 05/28/2009. Senate Status: Senate 06/04/2009 passed motion to override governor's veto. House Status: House 06/03/2009 passed motion to override governor's veto. The governor's veto of this bill was overridden by both houses of the legislature. It becomes law on July 14, 2009 - the anniversary of Bastille day . 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.) Amendment: Senate Judiciary amendment 1 establishes that a law enforcement officer may not carry firearms onto school grounds or inside a school during regular school hours unless engaged in the actual discharge of official duties as a law enforcement officer. House amendment 1 makes the bill. Removes the prohibition that an off-duty law enforcement officer cannot carry a firearm within the confines of an establishment where beer or alcoholic beverages are sold for consumption on the premises. House amendment 2 adds to those law enforcement officers who may carry in all places within Tennessee, except as otherwise provided, a law enforcement officer who has retired in good standing and meets the annual requirements to carry a firearm that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer to carry a firearm of the same type pursuant to applicable federal law. Senate Status: Set for Senate Floor 06/08/2009. House Status: House 06/03/2009 passed with amendments 1 & 2. With the Veto override, this bill should be moot. Note, it is NOT about parks. It was TOTALLY amended to make it CLASS LEGISLATION which but its terms now only would allow off-duty and retired law enforcement to carry into restaurants that serve alcohol. What is important to note is that it is CLASS LEGISLATION and to pay close attention to who the bills sponsors and supporters are. All of those who sponsor and vote for this bill need to be contacted and admonished that CLASS LEGISLATION as it pertains to constitutional rights is WRONG!!!! This is the House vote - note that 89 state legislators voted IN FAVOR OF class legislation on a fundamental civil right. All 89 should be admonished that fundamental rights should not be rationed based on what your job is or was. HB0898 by Watson - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 6/3/2009 Passed Ayes...............................................89 Noes................................................6 Present and not voting.......................1 Representatives voting aye were: Armstrong, Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks K, Campfield, Carr, Casada, Cobb C, Cobb J, Cobb T, Coleman, Coley, Cooper, Curtiss, Dean, DeBerry J, Dennis, Dunn, Eldridge, Evans, Faulkner, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Hackworth, Halford, Hardaway, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones S, Jones U, Kelsey, Litz, Lollar, Lynn, Maddox, Maggart, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Niceley, Odom, Pitts, Pruitt, Ramsey, Rich, Richardson, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Sontany, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner M, Watson, Weaver, West, Windle, Yokley, Mr. Speaker Williams –– 89. Representatives voting no were: Brown, Camper, DeBerry L, Favors, Kernell, Naifeh –– 6. Representatives present and not voting were: Gilmore –– 1. House Member Emails and Phone numbers http://www.capitol.tn.gov/house/members 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: Set for Senate Finance, Ways & Means Committee 06/09/2009. House Status: House Finance Budget Subcommittee 05/20/2009 set behind budget. TFA Supports this bill. It needs calls. 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: Set for Senate Finance, Ways & Means Committee 06/09/2009. House Status: Taken off notice in House State & Local Government 05/20/2009. CLASS LEGISLATION. The argument are that we need this law to allow retired officers obtaining training so that they can carry under a federal law. If Tennessee means what it has said this year with the House Resolution on 10th Amendment state's rights and the Tennessee Firearms Freedom Act, then this act is wrong. Tennessee, if its serious about state's rights, should not pick and choose federal mandates, it should reject them ALL![red] 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: Senate passed 06/03/2009. House Status: House passed 05/28/2009. Other Status: Sent to the speakers for signatures 06/03/2009. [red]Congratulations to Senator Beavers and to Representatives Henry Fincher and Ben West Jr. While the House did pass a joint resolution making aspirational statements about state's rights and the 10th Amendment, this law actually has legal significance under the 10th Amendment. Its similar to the Montana law. Senator Beavers also did a great job on national news on June 5 when she was interviewed about this bill on the Glenn Beck show. Consider the vote of those in the House and Senate who voted against state's rights and the full enforcement of the 10th Amendment - it will help to identify those who need to be removed from office. Note that surprisingly there was only ONE House member to vote against the law: SENATE FLOOR VOTE: THIRD CONSIDERATION 6/3/2009 Passed Ayes...............................................22 Noes................................................7 Present and not voting.......................1 Senators voting aye were: Beavers, Black, Bunch, Burchett, Crowe, Finney L, Gresham, Henry, Herron, Jackson, Johnson, Ketron, McNally, Norris, Overbey, Stanley, Stewart, Tracy, Watson, Woodson, Yager, Mr. Speaker Ramsey –– 22. Senators voting no were: Berke, Burks, Ford, Harper, Haynes, Kyle, Marrero –– 7. Senators present and not voting were: Barnes –– 1. HB1796 by West - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 5/28/2009 Passed Ayes...............................................87 Noes................................................1 Present and not voting.......................2 Representatives voting aye were: Barker, Bass, Bell, Bone, Borchert, Brooks H, Brooks K, Campfield, Carr, Casada, Cobb C, Cobb J, Cobb T, Coleman, Coley, Cooper, Curtiss, Dean, Dennis, Dunn, Eldridge, Evans, Faulkner, Ferguson, Fincher, Fitzhugh, Floyd, Ford, Fraley, Gilmore, Hackworth, Halford, Harmon, Harrison, Harwell, Hawk, Haynes, Hensley, Hill, Johnson C, Johnson P, Jones U, Kelsey, Kernell, Litz, Lollar, Lundberg, Lynn, Maddox, Maggart, Matheny, Matlock, McCord, McCormick, McDaniel, McDonald, McManus, Miller, Montgomery, Moore, Mumpower, Naifeh, Niceley, Odom, Pitts, Pruitt, Ramsey, Rich, Roach, Rowland, Sargent, Shaw, Shepard, Shipley, Stewart, Swafford, Tidwell, Tindell, Todd, Towns, Turner M, Watson, Weaver, Windle, Winningham, Yokley, Mr. Speaker Williams –– 87. Representatives voting no were: Hardaway –– 1. Representatives present and not voting were: Armstrong, DeBerry J –– 2. CRIMINAL LAW SB 1698 HB 0925* Prohibits social security number on application for permit. Prohibits department of safety from requiring handgun carry permit applicant to provide social security number on application for permit or on certificate of completion of handgun safety course. Also prohibits course instructor from withholding proof of completion based solely on the fact the applicant did not disclose social security number. (S: Southerland; H: Hawk) Amendment: House amendment 1 eliminates the portion of the bill that would have removed the requirement to provide social security numbers on applications for permits. Senate Status: Senate passed 05/28/2009. House Status: House 05/26/2009 passed with amendment 1. Other Status: Sent to governor 06/02/2009. CRIMINAL LAW SB 1908* HB 1924 Second Amendment Protection Act. Prohibits a licensed firearm dealer from selling, transferring or delivering microstamped firearms or ammunition. (S: Jackson; H: Fincher) Amendment: Senate Judiciary amendment 1 rewrites the bill. Adds a statement of intent to the bill. Senate Status: Set for Senate Floor 06/08/2009. House Status: Referred to House Judiciary Criminal Practice Subcommittee. CRIMINAL LAW SB 2236 HB 2249* Eligibility for handgun permit. Establishes that upon receiving information that an applicant or a permit holder does not meet the eligibility requirements, the department must review the arrest records with the arresting agency and must also review any records of conviction with the court of conviction to determine if the applicant or holder meets the eligibility requirements. Broadly captioned. (Part of Administration Package.) (S: Kyle; H: Fincher) House Co-Sponsor: Turner M. Amendment: House Finance amendment 1, Senate Judiciary amendment 1 rewrites the bill. Requires the courts to report certain information to the Federal Bureau of Investigation (FBI) and the Department of Safety (DOS) concerning persons who have been committed to mental institutions or that have been adjudicated as mental defectives by the courts; requires reported information to be confidential and not open to the public; creates a Class C misdemeanor for disclosing to the public certain reported information; who have been committed to mental institutions or that have been adjudicated as mental defectives by the courts from being able to from obtaining a handgun carry permit. Senate Judiciary amendment 2, House Finance amendment 2 removes provisions requiring the Director of the TBI to issue rules and regulations related to the reporting of information from court clerks to the TBI. Also removes provisions requiring the Commissioner of DOS to issue rules and regulations related to the reporting of information from court clerks to DOS. Senate Status: Set for Senate Floor 06/08/2009. House Status: Set for House Finance, Ways & Means Committee 06/09/2009. CRIMINAL LAW SB 2334 HB 2376* Disposition of confiscated weapons. Deletes requirement that weapon declared contraband is to be destroyed if not sold at public sale or used for legitimate law enforcement purposes. Requires the proceeds from the sale of confiscated weapons to go into the county or municipal general fund and to be allocated solely for law enforcement purposes. (S: Jackson; H: Shepard) Amendment: House amendment 1, Senate Judiciary amendment 1 allows the chief of police, sheriff, commissioner of safety or the director of the TBI to determine those weapons that are inoperable and can certify to court those weapons that are inoperable and can be destroyed. Senate Finance, Ways & Means amendment 1 specifies that the funds collected pursuant to this bill will go to the general fund and will not be earmarked for law enforcement purposes. Senate Status: Set for Senate Floor 06/08/2009. House Status: House 05/18/2009 passed with amendment 1. ENVIRONMENT & NATURE SJR 0030 Constitutional amendment - right to hunt and fish. Proposes an election of the people for the purpose of determining whether Article XI, Section 13 of the Constitution of Tennessee should be amended to establish the right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. (S: Jackson) Senate Status: Set for Senate Finance, Ways & Means Committee 06/09/2009. 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: Taken off notice in House Rep. McDaniel's Study Committee Subcommittee 06/02/2009. GOVERNMENT ORGANIZATION HJR 0104 Affirms state's sovereignty under 10th amendment. Affirms Tennessee's sovereignty under the tenth amendment to the U.S. Constitution. (H: Campfield) Amendment: House Judiciary amendment 1 deletes in its entirety the fourth clause in the preamble which reads as follows: "Whereas, today, in 2009, the states are demonstrably treated as agents of the federal government; and". House Judiciary amendment 2 deletes in its entirety the ninth clause in the preamble which reads as follows: "Whereas, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the Constitution of the United States; now, therefore," and further amends by adding the following language to the end of the eight clause in the preamble; "now, therefore,". House Status: Taken off notice in House Calendar & Rules 06/02/2009. GOVERNMENT ORGANIZATION HJR 0108 Tennessee's sovereignty under the 10th amendment. Urges Congress to recognize Tennessee's sovereignty under the tenth amendment to the Constitution. (H: Lynn) Amendment: House amendment 1 removes the language that demands the federal government halt and reverse its practice of assuming powers and of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States. Senate Status: Set for Senate Finance, Ways & Means Committee 06/09/2009. House Status: House 05/26/2009 adopted with House amendment 1. ENVIRONMENT & NATURE HJR 0149 Constitutional amendment - right to hunt and fish. Adds provisions to the state constitution establishing the personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. (H: McCord) House Status: Set for House Finance Budget Subcommittee 06/09/2009. ________________________________________ TFA MEMBERSHIP TFA is a grassroots organization. Membership in TFA helps support our collective efforts by covering the costs of the TFA website, its forum, these alerts, and other organizational necessities. If you are receiving these emails and are not already a member of TFA, I urge you to consider joining TFA because your support is important. In addition, the growth of TFA's membership will allow TFA to move forward by putting additional tools and resources into place which will allow TFA and its members to be more effective grassroots organization. If you would like to join or renew your membership, you can do so online at this link JOIN TFA 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 |