Proposed Law changes for 2011

[1gewehr]

Another board challenged people to come up with ideas for law changes for 2011 they would like to see. Here is my idea of a modest beginning:

In 39-17-1302 Delete sections (a) 6, 7, & 8, section (b) 8, and section (d) 3 & 4. This deals with making it illegal for TN residents (except police and government agencies to possess a "Hoax Device", "Switchblade Knife or Knuckles", or "Any other implement for infliction of serious bodily injury or death that has no common lawful purpose."
A "Hoax Device" is a inoperable explosive device such as a dummy cannon shell, training device, or similar. the intent is to make it illegal to make a false bomb scare. The reality is that the act itself is illegal, but that this section of law makes training devices and deactivated shells illegal to own. To my knowledge, TN is the only state that makes ownership of a dummy mortar shell illegal.
TN defines a "Switchblade knife" as "any knife that has a blade which opens automatically by: (A) Hand pressure applied to a button or other device in the handle; or (B) Operation of gravity or inertia". But makes exceptions for military, law enforcement, and government agencies. So my arthritic hands are not allowed to have any knife which makes it easier to operate. BTW, this would include any normal knife which has had the hinge smoothed so that it can be opened by gravity if you release the lock. This is one of those old 'Jim Crow' laws designed to be used against blacks.
"Any other implement for infliction of serious bodily injury or death that has no common lawful purpose." This is nowhere defined in TN statute. It is unreasonably vague and could include items as diverse as nunchucks, steel bars, and a broken rake. Let's just get rid of it.

In 39-17-1301, delete section (13). "“Restricted firearm ammunition” means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. “Restricted firearm ammunition” does not include shotgun shells or solid plastic bullets;"
This means that ALL surplus ammo with a mild steel core, or bullets containing steel, bismuth, iron, tin, or copper. Any bullet advertised as 'lead-free' is also illegal in TN. Another stupid law that should just be deleted.

In 39-17-1307, delete section (a)(1) "A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4"), or a club." I have looked and looked and cannot find a definition of "intent to go armed". I have a hard time believing that a knife blade 4.25" is dangerous, but one 3.9" is not. there are other sections that deal with illegal carry of a firearm. This one is redundant on that issue. and I personally don't have a problem with knives over 4" or clubs being carried by lawful citizens. It's already illegal for felons to go armed at all.

39-17-1351. Handgun carry permits. Why not "Weapon Carry Permits? If you have the right to carry a handgun, why not any other legal weapon? You've passed a handgun safety course, know the law about self-defense, the TBI has certified you as a non-felon. so why limit the permit to just handguns? Right now, if you have a concealed pocket knife, you are technically illegal. If you change the wording of this section, then a lawful permit-holder can legally carry a pocket knife.
In section (p)(1) it states "The department shall charge an application and processing fee of one hundred fifteen dollars ($115)". I propose it be changed to "no more than one hundred fifteen dollars ($115)". I would further add language to this section requiring a full accounting of these funds. I find it difficult to believe that TBI can do a TICS check for $10, but that a handgun permit check costs $100. I would further require that any overage in funds be used to improve and add to the TN public ranges. If the overage is more than $10, then the cost of the permit shall be reduced by $10 for subsequent years

That would be a good start for 2011!!!

[tnxdshooter]

You forgot to mention that permit holders should be allowed to carry their pistolas and lock em up into their cars and their employers cant do a darn thing about it. HB3141 I believe needs to be re introduced.

[redbarron06]

I would like to see parking lots be made legal also. Not just for employees but buisness as well. Ok so I can not go into the mall with my gun but I have to go through the parking lot to get to Chick-fi-la. Right now what I have to do to be legal is park on the other side of the road and walk across directly onto chick-fi-la property rather than drive into the parking lot and either go into the place or use thier drive through.

I would like to see HCP set on the same freq as your DL. At your next renewal it would be good until your DL expires. yea ar first you might get jipped by only getting 2 years out of it but after that it would be good for 5.

I would like to see the same law that applies to drivers license for military apply to thier HCP. As long as you are on orders for active duty, it will not expire. Right now mine will expire in 2012, odds are I will be in AFG at the time. Once I get back I will have to go through the entire new permit process because I was "over there". This is just an example. What about the guys that are stationed at Fort Whatever for 5 years and only come home on leave? If they end up with a felony they are going to be kicked out so the requirement for another background check every 4 or 5 years is pretty much useless and a waste of tax payers money.

This has nothing to do with guns but I would also like to see the law that applies to military members DL apply for thier spouse. Right now I can go in the army @ 18 and have the same DL when I retire @ 60 but my wife has to come home every 5 years to get a new DL. Or do it on line. If the HCP is extended for military then it should also be extended for spouses.

Ohh and lets get rid of the posting law.

[ProguninTN]

[ProguninTN]

**addendum

On the other hand, if a "weapons permit" bill were introduced, and the training course was altered to include certification in batons, stun guns chemical sprays, etc without increasing costs and without making the class last an eternity, I suppose I could support that. (Sort of a 1 permit for all.)

[Usagi]

I suggest the following:

1. Completely remove (39-17-1359) prohibitions. Our current trespassing laws are sufficient.

2. Constitutional carry. Keep permit systems as an option, so people can carry in other states.

3. Carry in cars on the workplace.


I like the weapons carry idea.
I like the blade restriction removal.

OK, I admit - I like all of the ideas.

[tnxdshooter]

[redbarron06]

We will have republicans across the board, we should roll some of these up and send them in.

[C. Richard Archie]

We need to keep our eye on the ball here.

Rep. Beth Harwell is mounting a campaign for the Speaker's position. We might as well have Naifeh in place if this occurs.

With the gains made in the House, this would be a terrible set back.

[marauder]

i think we need to concentrate on getting the "opt-out" clause out of the parks law and the cars in parkinglots bill passed. i think the permit system and the "handgun permit" as oppposed to the "weapons permit" thing is best done at a later date. IMO i'm OK with the permit system as it allows us to carry in other states. sure i want a constitutional carry system but i hate to give up the reciprosity that goes with what we have and IMO isn't a fight that needs to be undertaken at this time since we have more important things to attend to.

[redbarron06]

[marauder]

[C. Richard Archie]

There will be no initiatives passed if Harwell is allowed to gain the Speakers podium.

Haslam has already said he did not want to see any gun bills, (he will sign if they get to his desk, but he is NOT going to foster or push any). If we allow Harwell to set the floor agenda, all this discussion is moot, as she will pull the old Jimmy Naifeh blanket on and keep them from getting to the full House.