TFA's 2016 Legislative Session Report

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Subject: TFA's 2016 Legislative Session Report

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May 6, 2016

The Tennessee Legislature has concluded its business for the 2015-2016 legislative cycle. It adjourned in rare speed so that its members could go solicit money for their re-election bids. It threw caution to the wind and failed to make provision for reconvening in the event that the governor vetoed any bills. In the end, it left the important bills like constitutional carry, permitless open carry, fully eliminating gun free zones, dealing with a broken system for restoration of rights, and failed to pass legislation that was necessary to protect political free speech from the Secretary of State's office.

But, as you read the posts on social media from many of these same legislators you would think that they had in 2 years defeated King George without firing a round. Many might argue that there is no basis for claiming victory when they were just doing their jobs in an environment, for the Republicans, where they held a super majority.

In the end, the question that must be examined is why, after 6 years of a Republican dominated and controlled state government, is Tennessee falling so far behind other states in advancing (or some might say removing the infringements upon) the rights of the citizens. Not just on 2nd Amendment but on other constitutional issues such as the 1st, 4th, 5th, 7th and 10 Amendments as well. Why is a Republican super majority that has had 6 years to "clean things up" so intent on ignoring the fundamental, constitutionally protected rights of the citizens?

Sister states like Idaho, Mississippi and West Virginia have already passed constitutional carry in 2016 and other states like Kansas and Maine did so in 2015. What is wrong with Tennessee's legislature? While sister states are removing permitting and training requirements that impede the exercise of fundamental rights that are superior to the Constitution or removing gun free zones, Tennessee's Legislature leaves such laws buried in a broken and abused committee system that is manipulated by Legislative leadership as if they were manipulating a voodoo doll.

We have within the Republican caucus we have a few, too few, legislators who are willing to do what needs to be done to honor their oaths and to push forward on restoring our constitutionally protected rights. Yet, we have increasing proof that some who have claimed loudly to be strong on the 2nd Amendment and who have claimed to believe firmly in constitutional carry have refused to even demand a vote on these issues. Not once, in 6 years, has any motion been made to obtain the relief, that the Legislative rules expressly allow, to "recall" significant legislation - like Constitutional Carry - directly to the floor after leadership succeeded in having its minions stonewall the bills in their precious committee system.

Against this backdrop of significant failure, the 2016 election cycle kicks into full swing. We have, as constitutional conservatives, literally at least 2 dozen races where challengers are taking on incumbents (such as in House District 61 in Williamson County) where those incumbents are directly tied to prior efforts to stonewall and defeat pro 2nd Amendment legislation. Other races which 2nd Amendment supporters need to be involved will be discussed in alerts as the election cycle continues.

For now, it is important to know that each one of the these races, even those not in your own district, will directly impact legislative leadership. Significantly, it is likely that legislative leadership is the single most factor in why Tennessee is falling further and further behind in the efforts of other states to enacted constitutional and permitless carry laws. It is critical that even if we cannot defeat some in legislative leadership, we can work to defeat those legislators (like Charles Sargent) who have a proven record for carrying out the execution orders of leadership.

If we are going to bring Constitutional Carry legislation back in 2017, it is important that Legislative leadership and committee chairs be changed.

Legislative Update Report - Bills that were Passed in 2016

The table below contains a list of legislation that TFA is tracking. This is not the entire list but only those bills which have had activity in the last 7 days.

The bills marked in Green are supported by TFA, those in Blue are being watched but TFA has not taken a position, and those in Red are opposed at this time as written.

NOTE: The legislature description of the bill, which is used below, may not reflect what ultimately passed as the substance of the bill.

Please review these bills carefully. Feel free to go to the TFA Facebook group and ask questions or advocate for or against the bills you like.


	TFA Legislative Report
	May 6, 2016

Bill #	Summary	Status
HJR0231	Designates the Barrett Model M82/M107 as the official rifle of the State of Tennessee.	2016-02-29 / Passed Signed by Governor.
HB0682	As enacted, rewrites the minimum requirements for phrases and symbols on signs prohibiting firearms in certain places open to the public. - Amends TCA Title 39, Chapter 17, Part 13.	2016-04-05 / Passed Pub. Ch. 638
HB0899	As enacted, removes the tax exemption for certain machinery used for the manufacture of firearms. - Amends TCA Section 67-6-102.	2016-04-11 / Passed Sponsor(s) Added.
HB1094	As enacted, permits constables who have law enforcement powers to carry firearms at all times and in all places in Tennessee that other law enforcement officers are permitted to carry firearms; requires the constable to receive, at a minimum, 40 hours initial training, within one year of election, and eight hours annual in-service training in firearms qualification administered by a certified law enforcement firearms instructor. - Amends TCA Title 8, Chapter 10 and Title 39, Chapter 17, Part 13.	2016-04-26 / Passed Pub. Ch. 746
HB1424	As enacted, reduces the fee for lifetime handgun carry permit, effective January 1, 2017, from $500 to be an amount equal to the regular carry permit fee plus $200, which under present law will equal $300 for the lifetime permit. - Amends TCA Section 39-17-1351.	2016-05-02 / Passed Pub. Ch. 875
HB1513	As enacted, authorizes sheriffs and deputy sheriffs to retain service weapon upon retirement and completion of honorable service and approval by 2/3 vote of county legislative body. - Amends TCA Title 8, Chapter 8, Part 2.	2016-04-08 / Passed Pub. Ch. 652
HB1532	As introduced, allows the Tennessee POST commission to deny a retired law enforcement officer's application to carry as a law enforcement officer if the retired officer is prohibited from purchasing or possessing a firearm, or obtaining a handgun carry permit, or if the retired officer has been convicted of DUI once within five years, or twice or more within 10 years, of the application date. - Amends TCA Title 38, Chapter 8, Part 1.	2016-05-05 / Passed Comp. became Pub. Ch. 1054
HB1563	As enacted, clarifies that deadly force may be used by nuclear security officers at nuclear power reactor facilities and not just category I nuclear facilities. - Amends TCA Section 39-11-611.	2016-04-26 / Passed Comp. became Pub. Ch. 701
HB1641	As enacted, removes the five-year time frame requirement from the exemption to the handgun safety course requirement for applicants who successfully completed all handgun training of not less than four hours as required by any branch of the military within five years from the date the application for a handgun carry permit is filed. - Amends TCA Title 39, Chapter 17, Part 13.	2016-05-02 / Passed Comp. became Pub. Ch. 925
HB1644	As enacted, authorizes the board or governing entity, or the chief administrative officer, of a private K-12 school or private institution of higher education to implement a handgun carry policy that either allows or prohibits the carrying of a handgun on the grounds or buildings of a private K-12 school or private university by a person who has a handgun carry permit. - Amends TCA Title 39; Title 49, Chapter 7, Part 1 and Title 49, Chapter 50, Part 8.	2016-04-26 / Passed Comp. became Pub. Ch. 698
HB1736	As introduced, permits full-time employees of state public colleges or universities to carry a handgun while on property owned, operated, or used by the employing college or university if the employee has a valid Tennessee handgun carry permit. - Amends TCA Title 39 and Title 49.	2016-05-05 / Passed Comp. became Pub. Ch. 1061
HB1749	As introduced, waives the application and processing fee required with a lifetime handgun carry permit application for retired federal, state, and local law enforcement officers who retired in good standing as certified by the chief enforcement officer from the organization from which the applicant retired. - Amends TCA Section 39-17-1351.	2016-05-05 / Passed Comp. became Pub. Ch. 1037
HB1750	As enacted, specifies that the authorization for a law enforcement officer to carry firearms at all times, regardless of the officer's regular duties, unless otherwise prohibited by federal law, court order, or otherwise by law, applies to a sheriff who has been certified by the POST commission, and a deputy sheriff employed by a county as a court officer or corrections officer as authorized in writing by the sheriff. - Amends TCA Section 39-17-1350.	2016-04-05 / Passed Pub. Ch. 641
HB1751	As introduced, permits each LEA and each school board for private schools to determine whether someone with a Tennessee-issued handgun carry permit may carry a handgun while on the property of the public or private school and while traveling on school functions with students. - Amends TCA Title 39 and Title 49, Chapter 6.	2016-05-05 / Passed Comp. became Pub. Ch. 1049
HB1929	As enacted, creates civil immunity for certain members of the national guard who use force against another, including by discharging a personally owned firearm, in certain situations. - Amends TCA Title 58, Chapter 1.	2016-04-26 / Passed Comp. became Pub. Ch. 778
HB1964	As enacted, requires the instant check unit of the TBI to contact the agency making an entry of an order of protection into the national crime information center within one day if the subject of the order of protection attempts to purchase a firearm. - Amends TCA Title 36, Chapter 3, Part 6; Title 38, Chapter 6 and Title 39, Chapter 17, Part 13.	2016-04-26 / Passed Pub. Ch. 729
HB2026	As enacted, revises references to criminal offenses in the expunction provisions to conform to changes made to those criminal offenses by the Public Safety Act of 2016. - Amends TCA Title 39 and Title 40.	2016-05-02 / Passed Comp. became Pub. Ch. 960
HB2033	As enacted, provides immunity from civil liability to a person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by positing, with respect to any claim based on the person's, business's, or other entity's failure to adopt such a policy. - Amends TCA Title 39, Chapter 17, Part 13.	2016-05-02 / Passed Comp. became Pub. Ch. 947
HB2131	As enacted, prohibits public postsecondary institutions from taking any adverse action against an employee or student solely for such person's lawful transportation and storage of a firearm or ammunition in the person's parked motor vehicle. - Amends TCA Title 39, Chapter 17, Part 13 and Title 49, Chapter 7, Part 1.	2016-04-26 / Passed Comp. became Pub. Ch. 806
HB2193	As introduced, requires all court records be expunged within 60 days and the restoration of a person's status if a case is dismissed or an informal adjustment without adjudication is granted; allows a person adjudicated unruly to petition the juvenile court for expunction. - Amends TCA Section 37-1-153.	2016-05-05 / Passed Pub. Ch. 1017
HB2389	As enacted, prohibits law enforcement officers of this state and its political subdivisions from enforcing provisions of international law and treaties that limit gun rights under Article I, Section 26 of the state constitution. - Amends TCA Title 38 and Title 39, Chapter 17, Part 13.	2016-05-02 / Passed Pub. Ch. 864
HB2425	As enacted, lowers the age for receiving a handgun carry permit from 21 years of age to 18 years of age for persons who are an honorably discharged or retired veteran of the U.S. armed forces or a service member on active duty status. - Amends TCA Section 39-17-1351.	2016-05-02 / Passed Pub. Ch. 903
HB2575	As enacted, makes various changes to handgun carry permits, including extending permit renewals to occur every eight years and lowering the initial application fee from $115 to $100. - Amends TCA Section 39-17-1351.	2016-04-26 / Passed Pub. Ch. 736
SJR0391	Urges the President, Congress, and the Secretary of Defense to review and revise law and policy regarding the carrying of firearms by military service members on military installations.	2016-03-31 / Passed Signed by Governor.
SB0774	As enacted, rewrites the minimum requirements for phrases and symbols on signs prohibiting firearms in certain places open to the public. - Amends TCA Title 39, Chapter 17, Part 13.	2016-04-05 / Passed Comp. became Pub. Ch. 638
SB1008	As enacted, permits constables who have law enforcement powers to carry firearms at all times and in all places in Tennessee that other law enforcement officers are permitted to carry firearms; requires the constable to receive, at a minimum, 40 hours initial training, within one year of election, and eight hours annual in-service training in firearms qualification administered by a certified law enforcement firearms instructor. - Amends TCA Title 8, Chapter 10 and Title 39, Chapter 17, Part 13.	2016-04-26 / Passed Comp. became Pub. Ch. 746
SB1477	As enacted, reduces the fee for lifetime handgun carry permit, effective January 1, 2017, from $500 to be an amount equal to the regular carry permit fee plus $200, which under present law will equal $300 for the lifetime permit. - Amends TCA Section 39-17-1351.	2016-05-02 / Passed Comp. became Pub. Ch. 875
SB1490	As enacted, removes the five-year time frame requirement from the exemption to the handgun safety course requirement for applicants who successfully completed all handgun training of not less than four hours as required by any branch of the military within five years from the date the application for a handgun carry permit is filed. - Amends TCA Title 39, Chapter 17, Part 13.	2016-05-02 / Passed Pub. Ch. 925
SB1559	As enacted, authorizes the board or governing entity, or the chief administrative officer, of a private K-12 school or private institution of higher education to implement a handgun carry policy that either allows or prohibits the carrying of a handgun on the grounds or buildings of a private K-12 school or private university by a person who has a handgun carry permit. - Amends TCA Title 39; Title 49, Chapter 7, Part 1 and Title 49, Chapter 50, Part 8.	2016-04-26 / Passed Pub. Ch. 698
SB1627	As enacted, clarifies that deadly force may be used by nuclear security officers at nuclear power reactor facilities and not just category I nuclear facilities. - Amends TCA Section 39-11-611.	2016-04-26 / Passed Pub. Ch. 701
SB1658	As enacted, authorizes sheriffs and deputy sheriffs to retain service weapon upon retirement and completion of honorable service and approval by 2/3 vote of county legislative body. - Amends TCA Title 8, Chapter 8, Part 2.	2016-04-08 / Passed Comp. became Pub. Ch. 652
SB1665	As introduced, waives the application and processing fee required with a lifetime handgun carry permit application for retired federal, state, and local law enforcement officers who retired in good standing as certified by the chief enforcement officer from the organization from which the applicant retired. - Amends TCA Section 39-17-1351.	2016-05-05 / Passed Pub. Ch. 1037
SB1667	As enacted, specifies that the authorization for a law enforcement officer to carry firearms at all times, regardless of the officer's regular duties, unless otherwise prohibited by federal law, court order, or otherwise by law, applies to a sheriff who has been certified by the POST commission, and a deputy sheriff employed by a county as a court officer or corrections officer as authorized in writing by the sheriff. - Amends TCA Section 39-17-1350.	2016-04-05 / Passed Comp. became Pub. Ch. 641
SB1736	As enacted, provides immunity from civil liability to a person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by positing, with respect to any claim based on the person's, business's, or other entity's failure to adopt such a policy. - Amends TCA Title 39, Chapter 17, Part 13.	2016-05-02 / Passed Pub. Ch. 947
SB1760	As enacted, creates civil immunity for certain members of the national guard who use force against another, including by discharging a personally owned firearm, in certain situations. - Amends TCA Title 58, Chapter 1.	2016-04-26 / Passed Pub. Ch. 778
SB1859	As enacted, revises references to criminal offenses in the expunction provisions to conform to changes made to those criminal offenses by the Public Safety Act of 2016. - Amends TCA Title 39 and Title 40.	2016-05-02 / Passed Pub. Ch. 960
SB1921	As enacted, requires the instant check unit of the TBI to contact the agency making an entry of an order of protection into the national crime information center within one day if the subject of the order of protection attempts to purchase a firearm. - Amends TCA Title 36, Chapter 3, Part 6; Title 38, Chapter 6 and Title 39, Chapter 17, Part 13.	2016-04-26 / Passed Comp. became Pub. Ch. 729
SB1991	As enacted, prohibits public postsecondary institutions from taking any adverse action against an employee or student solely for such person's lawful transportation and storage of a firearm or ammunition in the person's parked motor vehicle. - Amends TCA Title 39, Chapter 17, Part 13 and Title 49, Chapter 7, Part 1.	2016-04-26 / Passed Pub. Ch. 806
SB2238	As enacted, lowers the age for receiving a handgun carry permit from 21 years of age to 18 years of age for persons who are an honorably discharged or retired veteran of the U.S. armed forces or a service member on active duty status. - Amends TCA Section 39-17-1351.	2016-05-02 / Passed Comp. became Pub. Ch. 903
SB2249	As introduced, permits each LEA and each school board for private schools to determine whether someone with a Tennessee-issued handgun carry permit may carry a handgun while on the property of the public or private school and while traveling on school functions with students. - Amends TCA Title 39 and Title 49, Chapter 6.	2016-05-05 / Passed Pub. Ch. 1049
SB2376	As introduced, permits full-time employees of state public colleges or universities to carry a handgun while on property owned, operated, or used by the employing college or university if the employee has a valid Tennessee handgun carry permit. - Amends TCA Title 39 and Title 49.	2016-05-05 / Passed Pub. Ch. 1061
SB2585	As introduced, requires all court records be expunged within 60 days and the restoration of a person's status if a case is dismissed or an informal adjustment without adjudication is granted; allows a person adjudicated unruly to petition the juvenile court for expunction. - Amends TCA Section 37-1-153.	2016-05-05 / Passed Comp. became Pub. Ch. 1017

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Subject: TFA's 2016 Legislative Session Report