2009 Public Chapters

[johnharris]

There are approximately 16 laws that will or have gone into effect this year. Some are "pro gun" and some, sadly, are not.

These are in the site's Legislative Updates page with links to the text of the public chapters.

http://www.tfaonline.org/index.php/news ... s_enacted/

SB 0032
HB 0046*
Handgun information privacy. Prohibits department of safety or any department-approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. (S: Tracy; H: Evans)

Senate Status: Senate passed 04/09/2009.
House Status: House passed 03/19/2009.
Other Status: Enacted as Public Chapter 0101 (effective 04/27/2009).

SB 0201*
HB 0587
Disposition of confiscated weapons. Allows director of judicial district drug task force to petition court for permission to dispose of confiscated weapons by public sale, destruction of weapons or by retaining weapon for legitimate law enforcement purposes. (S: Bunch; H: Coleman)
Amendment: Senate amendment 1 specifies that the proceeds from the sale shall go into the county or municipal general fund unless the weapon was confiscated by a judicial district drug task force in which case the funds are deposited for the benefit of the task force.

Senate Status: Senate 03/16/2009 passed with previously adopted amendment 1.
House Status: House passed 04/20/2009.
Other Status: Enacted as Public Chapter 0116 (effective 05/05/2009).


SB 0309*
HB 1736
Montlake Classic Clays shooting range - right to operate. Authorizes Montlake Classic Clays shooting range in Hamilton County to continue operating as a shooting range at the same location where it has operated for over 30 years. Specifies that such right shall not be amended, restricted, or terminated due to zoning changes. (S: Berke; H: Fincher)
Amendment: Senate amendment 4 details the specific parameters of the shooting range and the property on which it is located. House amendment 1 prohibits any sport shooting range that is open to the public and was in continuous operation for at least 30 years immediately preceding December 16, 2008, from being amended, restricted, or terminated due to any land use planning or zoning applicable to the shooting range’s location under certain conditions involving distance from adjoining boundary lines or road extensions.

Senate Status: Senate 05/18/2009 concurred in House amendment 1.
House Status: House 05/14/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0227 (effective 05/19/2009).


SB 0383
HB 0411*
Selling of firearms to certain persons prohibited. Creates Class A misdemeanor offense of attempting to purchase a firearm when prohibited by law from possessing a firearm. Also creates Class A misdemeanor offense of selling a firearm to a person known to be prohibited by law from possessing a firearm. (S: Barnes; H: Pitts)
Amendment: House amendment 1 renames the bill “Coach Willard Ross Act of 2009.”

Senate Status: Senate passed 04/30/2009.
House Status: House 03/23/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0195 (effective 07/01/2009).


SB 0474
HB 0070*
Protection of property. Removes prohibition against using deadly force in protection of property. Specifies that there is an exemption from provisions allowing the use of deadly force against a person lawfully allowed to be in a business as there is for a dwelling, residence or occupied vehicle. (S: Berke; H: Fincher)
Amendment: House amendment 1 deletes section one of the printed bill and authorizes a person to use deadly force unless the person is not justified in using deadly force to prevent or terminate another person’s trespass on real estate or unlawful interference with personal property.

Senate Status: Senate passed 04/30/2009.
House Status: House 03/19/2009 passed with amendment 1.
Other Status: Enacted as Public Chapter 0194 (effective 07/01/2009).


SB 0539
HB 0351*
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: Enacted as Public Chapter 0412 (effective 07/01/2009).


SB 0554
HB 0254*
Purchasers of firearms not required to produce thumbprint. Removes requirement that a gun dealer must obtain a thumbprint from a purchaser and deletes provision whereby the TBI must provide firearms transaction thumbprint forms. (S: Norris; H: Casada)
House Co-Sponsors: Fincher; Moore; Evans; Montgomery; Sargent; Todd; Bell; Hensley; Rich; Hill; Campfield; Williams K.; Watson E.; Dean; Faulkner; Swafford; McCormick; McDaniel; Harrison; Eldridge; Johnson C.
Amendment: Senate amendment 1 revises the present law requirement that a gun dealer request that the TBI conduct a criminal history record check to clarify that the request would be made “by means designated by the TBI” instead of “by telephone”.

Senate Status: Senate 04/09/2009 passed with amendment 1.
House Status: House 04/20/2009 concurred in Senate amendment.
Other Status: Enacted as Public Chapter 0102 (effective 07/01/2009).


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: Enacted as Public Chapter 0431 (effective 06/12/2009).


SB 0630*
HB 1424
Restrictions on elk hunting. Clarifies that special elk-take permits are only valid in the eastern grand division of the state. (S: Southerland; H: Lollar)
Amendment: Senate amendment 1 makes the bill. Prohibits any nonprofit wildlife conservation organization that sells or transfers an elk-take permit from using more than 20 percent of the proceeds to administer such sale or transfer. Currently the cap is set at ten percent. Authorizes the commission to promulgate rules and regulations to implement the special elk-take permit program. House amendment 1 makes the bill. Prohibits any nonprofit wildlife conservation organization that sells or transfers an elk-take permit from using more than 20 percent of the proceeds to administer such sale or transfer. Currently the cap is set at ten percent.

Senate Status: Senate 04/13/2009 passed with amendment 1.
House Status: House 04/23/2009 concurred in Senate amendment 1.
Other Status: Enacted as Public Chapter 0182 (effective 05/07/2009).


SB 0840*
HB 1370
TWRA - recovery of lead deposited after firearm discharge. Makes TWRA the exclusive agency to participate in the mining or recovery of any lead deposited as the result of the discharge of a firearm on state property which has been leased to a private entity for the operation of a gun club. Specifies that the state’s share of any profits from such reclamation are to be earmarked to construct a building or pavilion at the Montgomery County shooting complex to serve and benefit the state championship for scholastic clay target programs. (S: Jackson; H: Lollar)
Amendment: Senate amendment 1 specifies that the agency is not required to recover lead from such sites but can if it chooses to do so.

Senate Status: Senate passed with amendment 1 03/05/2009.
House Status: House passed 05/11/2009.
Other Status: Enacted as Public Chapter 0244 (effective 05/20/2009).


SB 0850*
HB 1552
Universal mental health testing of juveniles. Places restrictions on universal mental health testing, or psychiatric or socioemotional screening of juveniles. Requires certain consent by a juvenile’s parent, guardian, legal custodian, or caregiver before such testing can occur. (S: Black; H: Harwell)
Senate Co-Sponsors: Burks; Gresham; Beavers; Ketron; Crowe; McNally; Burchett; Tracy; Ramsey R.; Yager

Senate Status: Senate passed 03/23/2009.
House Status: House passed 04/20/2009.
Other Status: Enacted as Public Chapter 0127 (effective 07/01/2009).


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 06/11/2009 made contingency request to recall from the governor’s desk.
Other Status: Enacted as Public Chapter 0428 (effective 09/01/2009).


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.

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.
Other Status: Enacted as Public Chapter 0339 (effective 07/14/2009).


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: Enacted as Public Chapter 0435 (effective 06/19/2009).


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: Enacted as Public Chapter 0433 (effective 06/11/2009).


SB 1992
HB 1778*
Lawfully possessed firearms during martial rule. Prohibits any public official from confiscating lawfully possessed firearms and ammunition during any such period of martial rule. (S: Johnson J.; H: Casada)

Senate Status: Senate passed 05/07/2009.
House Status: House passed 04/20/2009.
Other Status: Enacted as Public Chapter 0288 (effective 05/21/2009).

[SomeGuy]

John,

I need a bit of help really seeing the major impact in some ways. While some bills were not pro-gun, I don't really see anything in that list that hurts us (some we would be better off without - certainly). Can you show me what I am missing?

I do of course see room for improvement. I am correct in my belief that new bills CAN be introduced next year, to correct flaws from this year, right?

[johnharris]

It is not necessarily any, unlike 2007 and 2008, where we got "hurt" - its more of an issue that some of them evidenced still an uneasyness about gun owners. For example, all the debate about the curfew on restaurants, the local parks option is going to be a nightmare, etc. We are certainly making progress but there are some signs which indicate that we still have too many liberal, left meaning legislators who just either don't understand, don't want to understand and/or who are outright against us.

[SomeGuy]

Certainly true.

Any decent chance that come 2010 we can have a friendly legislator introduce a few bills to correct the 2009 errors (local option for example)?

[johnharris]

We will likely get them introduced but passage is the problem in an election year.

[SomeGuy]

I would think the election year would help us. Who wants to go into an election having just voted anti-gun, just like Obama would?

[C. Richard Archie]

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: Enacted as Public Chapter 0433 (effective 06/11/2009).


I am confused, why pass the bill at all if the meat was removed by amendment?

[johnharris]

It became an issue on that bill of removing certain TDOS regulations and "forms" which were requiring instructors to collect information relative to the "certificates" that TDOS has never needed.

[ProguninTN]