March 28, 2024
Tennessee Legislative Report for the week of March 25, 2024.
The Legislature took up, to some extent, a significant number of bills that Tennessee Firearms Association is tracking. The TFA's bill report at least 77 bills had some form of activity this week.
Last week we reported that one particular bill that warranted attention because it failed in the Senate Judiciary for lack of receiving a second Judiciary member to move that the bill be considered. SB2516/HB2689 (Sen. Niceley and Rep. Doggett). A development on March 26, 2024, shows that Sen. Kerry Roberts has taken over as the prime sponsor on the bill and that the bill is now set to be heard again in Senate Judiciary on April 1, 2024, and in the House Civil Justice Subcommittee on April 2, 2024. This bill would establish, in addition to any claims that could be brought under the Federal Civil Rights Act, a state civil action against person or entity that infringes upon a person's right to bear arms under the Tennessee or United States constitutions. This is a bill that needs your support and calls to both Senate Judiciary members as well as to your individual House and Senate members.
However, this week also demonstrated a considerable disappointment in the Senate Judiciary. SB2180/HB1904 (Sen. Hensley and Rep. Fritts) would have made an important improvement to Tennessee's "gun free zone" laws relative to posted properties. It would have created an exception for enhanced permit holders to carry in such voluntarily "posted" locations but subject to the ability of the property owner to instruct the permit holder to leave the property in which case the failure to do so when asked would be classified as a criminal trespass. The bill died in Senate Judiciary with 4 yes votes, 3 no votes, and 2 voting "present" but not voting. There are 3 Republican legislators who are individually responsible for killing this bill. Sen. Paul Rose voted no with the two Democrats (the committee has 7 Republicans and 2 Democrats) but had he voted yes, the bill would have moved forward. In addition, two other Republicans - Sen. Gardenhire and Sen. Lundberg both voted "present" but did not otherwise vote for or against the bill. In this context, a "present" vote was effectively a no vote because if those two Republicans had simply stepped out or, better, voted for the bill, it would have moved forward even with Sen. Rose's "no" vote.
Tennessee Legislative Calendar for week of April 1, 2024.
There are many bills that we expect to be heard during the next two weeks. TFA's comments and position on the bills are included in the Calendar report.
Bills that need your support:
SB2912/HB2032 by Sen. Bailey and Rep. Barrett would remove the offense of possessing a weapon in a building that prohibits or restricts weapons. Allows a person with an enhanced handgun carry permit to carry a handgun into a business that prohibits or restricts weapons. Removes penalties for violations of certain firearms provisions.
SB2516/HB2689 by Sen. Roberts and Rep. Doggett (referenced above). Creates a civil action against any person or government entity that infringes upon a person's right to bear arms under the Tennessee or United States Constitutions. Requires the person or entity to be liable for actual or statutory damages, punitive damages, attorney's fees, and court costs.
Bills that need your opposition:
SB2178/HB2908 by Sen. Hensley and Rep. Kumar. This is a repeat
proposal, which has been defeated in prior efforts, to establish a
system where a person can "voluntarily" waive the right to purchase
firearms and thus self-classify as a prohibited person. This is a
dangerous proposal which could be abused, for example, by court's
conditioning disposition of cases and/or domestic matters on an
individual "voluntarily" signing up as a prohibited person.
SB2911/HB1600 by Sen. Bailey and Rep. Williams would increase in
certain circumstances the age threshold for possessing or purchasing
firearms to age 25.
SB1693/HB2824 by Sen. Akbari and Rep. Camper would create an office of gun violence prevention at taxpayer expense. The bill does not focus on "violence prevention" but instead the focus of the bill is the issue of "gun violence" - or more specifically to develop information that the sponsors apparently hope would be support for enacting future gun control legislation.
SB1927/HB2218 by Sen Akbari and Rep. Love would allow Shelby, Davidson, Knox, or Hamilton County to regulate the manner of storage of firearms, firearm ammunition, and firearm accessories by ordinance, resolution, policy, rule, or other enactment.
SB2475/HB2648 by Sen. Akbari and Rep. McKenzie would require all individuals carrying handguns, whether open or concealed, to possess a permit and requires that a person applying for an enhanced handgun carry permit to have proof of having completed a handgun safety course. Also removes the eligibility for renewal of all concealed handgun carry permits issued prior to July 1, 2024.
SB2871/HB1954 by Sen. Akbari and Rep. Parkinson increases the penalty for illegally transferring a firearm to a minor from a Class A misdemeanor to a Class D felony and requires that an adult who is convicted be punished as criminally responsible for any resulting crime. Creates the Class D felony offense of inducing or coercing a minor to commit theft of a firearm, robbery, burglary, or aggravated burglary involving theft of a firearm. Note: There is a House amendment that rewrites the bill but it has not been adopted in the Senate.
SB1029/HB1233 by Sen. Yarbro and Rep. Hemmer would create the offense of storing a firearm or firearm ammunition in a motor vehicle or boat while the person is not in the motor vehicle or boat unless the firearm or firearm ammunition is kept from ordinary observation and locked within the trunk,
utility or glove box, or a locked container securely affixed to the motor vehicle or boat. Requires the owner of a firearm to report the loss or theft of the firearm to law enforcement within 24 hours of the discovery of the loss or theft
SB1869/HB2872 by Sen. Yarbro and Rep. Hemmer. This bill, functionally
is similar to SB1769/HB1640 by Sen. Lundberg and Rep. Lamberth but the
main difference is that this one is carried by Democrats.
SB2160/HB245 by Sen. Yarbro and Rep. Whitson. Enacts the "Anti-Road Rage Act of 2024, " which
creates a Class E felony for the reckless discharge of a firearm while operating, or as a passenger
in, a motor vehicle. Creates a Class A misdemeanor for the reckless brandishing or display of a firearm while operating, or as a passenger in, a motor vehicle.
SB1655/HB1714 by Sen. Campbell and Rep. Freeman. Requires a domestic assault offender who transferred possession of a firearm to a third party in order to dispossess the firearm to submit to the court an affidavit of firearms receipt in which the third party attests that the third party may lawfully possess a firearm, has received the firearm from the defendant, and accepts responsibility for possession of the firearm. Requires the administrative office of the courts to develop the affidavit of firearms receipt form.
SB1746/HHB2014 by Sen. Campbell and Rep. Whitson. Allows a person to voluntarily waive their firearm rights through filing a waiver with the clerk of the circuit court in the county of the person's residence or with their healthcare provider. Specifies procedures the clerk, healthcare provider, TBI, and department of health must follow upon receipt of a waiver.
SB2189/HB2195 by Sen. Campbell and Rep. Mitchell. Prohibits the possession of an assault weapon subject to some exceptions for existing owners.
SB2192/HB2196 by Sen. Campbell and Rep. Mitchell would ban large capacity magazines.
SB2193/HB2277 by Sen. Campbell and Rep. Mitchell would prohibit the sale of firearms to persons under 21 years of age.
SB2194/HB2192 by Sen. Campbell and Rep. Mitchell would create a 14
day waiting period before a dealer could transfer a firearm to a
purchaser.
SB2233/HB2958 by Sen. Campbell and
Rep. Hardaway would create criminal penalties for failure to comply with
mandated safe storage requirements.
SB2287/HB2350 by Sen. Oliver and Rep. Johnson
would prohibit an adult allowing a child to have
access to a firearm without supervision.
SB1830/HB1821 by Sen. Lamar and Rep. Miller seeks to create a law
applicable only in Shelby County such that the enhanced handgun permit
or a concealed handgun carry permit would be required to carry a firearm
in that jurisdiction. Effectively, these legislators seek to exempt
Shelby County from the permitless carry affirmative defense.
SB2555/HB2606 by Sen. Lamar and Rep. Johnson allows a court to issue an
emergency protection order upon a finding that a person poses an
imminent risk of harm to the person or others if allowed to purchase or
possess a firearm. Authorizes a family member, household member,
intimate partner, or law enforcement officer to petition for an
emergency protection order. Specifies that a person filing a petition
for an emergency protection order shall not be required to bear the
costs, including any court costs, filing fees, litigation taxes, or any
other costs associated with the emergency protection order whether
issued inside or outside the state.
SB1880/HB1981 by Sen. Kyle and Rep. Justin Jones seems to increase charges for criminal offense involving possession of a
firearm if someone has a prior stalking conviction.
SB2388/HB1868 by Sen. Kyle and Rep. Justin Jones Prohibits gun dealers from delivering to a purchaser any part, combination of parts, component, device attachment, or accessory that is designed or functions to accelerate the rate of a firearm until 72 hours have passed from the initial time the sale of the firearm accessory was sought by the purchaser. Broadly captioned
SB2488/HB2837 by Sen. Kyle and Rep. Towns would create an offense of
reckless endangerment involving the display of a firearm and mandatory
revocation of driver's license as well as the seizure of the motor
vehicle.
SB2887/HB2963 by Sen. Kyle and
Rep. Hardaway prohibits the possession, manufacture, transport, repair,
or sale of a switch or auto sear device.
SB2574/HB1720 by Sen. Taylor and Rep. Gillespie would create a special
category of sentence for theft of a firearm valued at less than
$60,000. This is legislation targeted toward firearms rather than to
create a class of sentence based on the value of any item of personal
property and, consequently, raises concerns.
TFA and GOA 2024 Gun Owner Lobby Day - April 2, 2024
The TFA and GOA 2024 Gun Owner Lobby Day has been planned for some time for April 2, 2024. Please get more information and register (free) for the activities that day here. While there is no fee to attend, we do need your registrations to help organize the day and to order lunch.
|
