HB 2567 sent to Governor

[C. Richard Archie]

This one on Governor's desk for signature.

HB 2567 by *Fincher, Williams, Todd, Faulkner, Borchert, McDonald, Yokley, Niceley, Haynes, Johnson C, Sargent. (*SB 2390 by *Jackson, Gresham, Burks, Bunch.)
Firearms and Ammunition - As introduced, allows person without handgun carry permit to transport rifle or shotgun in privately-owned motor vehicle provided there is no ammunition in the chamber or cylinder and no loaded clip or magazine in the weapon or in close proximity to the weapon. - Amends TCA Title 39, Chapter 17, Part 13.

Bill Summary
Under present law, it is an exception to the criminal offense of unlawful carrying or possession of a weapon that the person is the holder of a handgun carry permit and was transporting a shotgun or rifle that did not have ammunition in the chamber. It is a defense to prosecution, but not an exception to the offense, that the person was in possession of or carrying an unloaded rifle, shotgun, or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon.

This bill extends the aforementioned exception to present law to persons who do not have a handgun carry permit and who are transporting an unloaded rifle or shotgun.

ON FEBRUARY 18, 2010, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2390, AS AMENDED.

AMENDMENT #1 limits the exception that this bill would add to persons who do not have a handgun carry permit, who are transporting an unloaded shotgun or rifle in a privately-owned motor vehicle, and who have not been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon, or been convicted of a felony drug offense.

ON APRIL 5, 2010, THE HOUSE SUBSTITUTED SENATE BILL 2390 FOR HOUSE BILL 2567, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2390, AS AMENDED.

AMENDMENT #1 makes the same changes as those described in the summary of Senate Amendment #1 and specifies that the exemption for transport of long guns in privately owned motor vehicles, whether by permit holders or persons who do not possess a handgun carry permit, does not apply to persons who are otherwise prohibited from possessing firearms generally, or handguns specifically, due to a prior felony conviction or, a prior misdemeanor conviction for a crime of domestic violence, being subject to an order of protection, or is prohibited from possessing a firearm under any other provision of state or federal law.

[tnxdshooter]

I've already started my email campaign. Thanks again for the heads up.

[ProguninTN]

Well, I guess this will help non-hcp holders. However, it is still faulty. HCP holders can have their handguns loaded, chambered, and ready to go, but the state does not trust the same people to do the same thing with long guns. I say that's stupid.

[tnxdshooter]

I agree.

[RobertNashville]

Am I understanding correctly that, prior to this proposed change, anyone who did not have a HCP could not legally transport a shotgun or rifle at all, even unloaded and no ammunition in proximity?

It has always been my understanding that anyone could legally transport a rifle/shotgun so long as they were unloaded and the ammunition and firearm were separate from each other...have I always been mistaken about that?

[C. Richard Archie]

[RobertNashville]

Makes sense...that's been the "norm" for most states I've lived in; in that firearms (handguns, shotguns, etc) could be transported so long as there wither was no ammunition loaded or available for quick loading without doing something like stopping the vehicle and opening the trunk ,etc.