New Tennessee Laws

[CarlS]

John Harris sent out a recent update on pending Tennessee laws. The following is my response to our legislators:

To: 'Rep. Brian Kelsey - House Judiciary Committee' ; 'Rep. Chad Faulkner - House Judiciary Committee' ; 'Rep. Dennis Roach' ; 'Rep. Eddie Bass - House Judiciary Committee' ; 'Rep. Eric Watson - House Judiciary Committee' ; 'Rep. Gary Odom' ; 'Rep. Harry Tindell' ; 'Rep. Henry Fincher - House Judiciary Committee' ; 'Rep. Janis Sontany - House Judiciary Committee' ; 'Rep. Joe Armstrong' ; 'Rep. Johnny Shaw' ; 'Rep. Jon Lundberg - House Judiciary Committee' ; 'Rep. Judd Matheny' ; 'Rep. Karen Camper - House Judiciary Committee' ; 'Rep. Kent Coleman - House Judiciary Committee' ; 'Rep. Lois DeBerry' ; 'Rep. Michael Harrison' ; 'Rep. Mike Stewart - House Judiciary Committee' ; 'Rep. Steve McDaniel' ; 'Rep. Vance Dennis - House Judiciary Committee' ; 'Sen. Bo Watson' ; 'Sen. Dewayne Bunch' ; 'Sen. Doug Overbey' ; 'Sen. Mike Faulk' ; 'Senator Beverly Marrero' ; 'Senator Charlotte Burks' ; 'Senator Diane Black' ; 'Senator Doug Jackson' ; 'Senator Jamie Woodson' ; 'Senator Jim Kyle' ; 'Senator Mae Beavers' ; 'Senator Mark Norris' ; 'Senator Paul Stanley'
Cc: John Harris, Tennessee Firearms Association
Sent: Monday, March 02, 2009 8:39 PM
Subject: Comments re Pending Bills

To All My / Our Elected representatives:

As you meet in committees to evaluate various bills, please review the following. I have included my comments after each listing, for your consideration.

Thank you.

William Shires
USA (Ret.)
Cookeville, TN
Still supporting and defending the Constitution, against all enemies, foreign and domestic, as required by
TITLE 5 PART III Subpart B CHAPTER 33 SUBCHAPTER II § 3331 and TITLE 10 Subtitle A PART II CHAPTER 31 § 502

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SB 1802 Overbey CRIMINAL LAW: Handgun carry permit holders - hunting, wildlife areas. Allows a person with a handgun carry permit to possess a handgun the entire year while on public hunting and wildlife management areas but prohibits a person to use a handgun to hunt. (HOUSE: HB 0747, Bell; Referred to House Judiciary Criminal Practice Subcommittee.)

• COMMENTS: A necessary law, but only because the law which precedes it is based on a false premise. Why is it that a law-abiding person is presumed to be chafing at the bit to rush out and use a pistol to “hunt”? I can only assume that the first law was written in haste, perhaps in response to special interests, since it is irrelevant to the game if it is shot with a rifle, shotgun, or pistol. In any case, as I recall, hunting law already specifies that you can not use a pistol except in very limited circumstances. Approve this law because you should not restrict where and when a personal defense weapon can be carried. Criminals do not restrict themselves to a place of business. Criminals don’t care what the law says. If there are “misuses of handguns”, then punish the act, and the specific actor, rather than all of us. Of course, rather than waste time and money you could just revoke the precedent. Remember that Precedent means using someone else's errors to prove that the end justifies the means.


HB 0411 Pitts CRIMINAL LAW: Selling of firearms to certain persons prohibited. Creates Class A misdemeanor offense of attempting to purchase a firearm when prohibited by law from possessing firearm. Also creates Class A misdemeanor offense of selling firearm to person known to be prohibited by law from possessing firearm. AMENDMENT: House Judiciary Criminal Practice Subcommittee amendment 1 renames the bill, "Coach Willard Ross Act." (SENATE: SB 0383, Barnes; Referred to Senate Judiciary.)

• COMMENTS: A completely unnecessary law; a waste of time and money. Federal law already makes it a crime to “knowingly” sell firearms to prohibited persons and for a prohibited person to purchase or to attempt to purchase. ( Of course, if Tennessee intends to pass a law re-establishing state supremacy, then you may want to reword this to indicate that it applies when federal law does not. )


HB 0414 Windle CRIMINAL LAW: Inmate relations coordinators to carry firearms. Authorizes vested inmate relations coordinators to carry firearms to same extent as correctional officers. (SENATE: SB 0565, Yager; Referred to Senate Judiciary.)

• COMMENTS: NO! This law and all other laws which create special classes of persons authorized to carry weapons is wrong. They are no more at risk than the average citizen, and if you persist in stripping the rest of us of our right of self-defense, then everyone should be treated the same and should share the same risks.


HB 0961 Matlock CRIMINAL LAW: Handgun carry permit holders to carry in wildlife areas. Allows a person with a valid handgun carry permit to possess firearm in a refuge, public hunting area, wildlife management area, or on national forest land. (SENATE: SB 1519, Burchett; Referred to Senate Judiciary.)

• COMMENTS: Approve this law because you should not restrict where and when a personal defense weapon can be carried. Criminals do not restrict themselves to a place of business. Criminals don’t care what the law says.


HB 0070 Fincher CRIMINAL LAW: 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. (SENATE: SB 0474, Berke; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 14, 2009 Decrease state revenue - not significant decrease state expenditures - not significant Decrease local revenue - not significant decrease local expenditures - not significant

• COMMENTS: The use of the appropriate level of force in self-defense is always authorized. If a person can not defend property, then the criminals are invulnerable. And, as FBI stats and local police reports demonstrate, any criminal wanting property is just as likely to harm or kill someone to get it. Besides, if you are in fear of your life …. And how could you not be?


HB 0716 Niceley CRIMINAL LAW: 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. (SENATE: SB 0976, Faulk; Referred to Senate Judiciary.)

• COMMENTS: See SB1802 and HB0961 above. While you’re at it, review HB0070, because, I say again, criminals do not restrict themselves to a place of business. Criminals don’t care what the law says. And as has been amply demonstrated at numerous schools and churches, a “No Guns Allowed” sign is nothing more than an invitation to the criminal.


HB 0962 Todd CRIMINAL LAW: Carrying guns in restaurants. Allows any individual with a handgun carry permit to carry into restaurants that serve alcoholic beverages as long as such individual is not consuming alcoholic beverages and such restaurant is not an age-restricted venue. (SENATE: SB 1127, Jackson; Referred to Senate Judiciary.)

• COMMENTS: Approve, with no restrictions as to time and place or age of patrons. It is already unlawful for anyone ( except for undercover cops, for some reason ) to imbibe alcohol while armed. If you persist in stripping our defenses, then pass a law making business owners liable for our protection while on their premises, including parking lots. Why not; you’ve passed other laws which are clearly unconstitutional. Else remove this dangerous restriction.


HB 0959 Bass CRIMINAL LAW: Handgun carry permit application info confidential. Makes information contained in handgun carry permit applications and renewals, information provided to any state or federal agency to investigate applicant, and records maintained relative to the permit application or revocation of permit confidential. Creates Class A misdemeanor offense of unauthorized publication of permit information or records. (SENATE: SB 1126, Norris; Referred to Senate Judiciary.)

• COMMENTS: Approve this bill. The reasons are self-evident. If you disagree, then pass a law making the home address, phone, etc, of all members of the congress public. While you’re at it, include the personal data of all law enforcement officers, judges, and lawyers. Think about the assault on your privacy, and ask yourself why we the public should be treated any differently.

HB 0960 McCord CRIMINAL LAW: Handgun carry permit holders to carry in parks. Authorizes people with handgun carry permits to possess firearms in parks owned by state, local, or federal governments. (SENATE: SB 1518, Burchett; Referred to Senate Judiciary.)

• COMMENTS: See SB1802 and HB0961 and HB0070 and HB0716 above.


HB 0082 Shaw CRIMINAL LAW: Carrying firearms - judges. Authorizes current and retired judges who possess a handgun carry permit to carry a firearm under same circumstances and conditions as law enforcement officers and correctional officers. Current law allows law enforcement officer to carry firearms at all times, on-duty or off-duty, except if prohibited by federal law, court orders, or written directives of the executive supervisor of the employing agency, or if the officer is on school grounds or under the influence of alcohol or a controlled substance. (SENATE: SB 0019, Gresham; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 20, 2009 Minimal

• COMMENTS: NO! This law and all other laws which create special classes of persons authorized to carry weapons while not on duty is wrong. They are no more at risk than the average citizen, and if you persist in stripping the rest of us of our right of self-defense, then everyone should be treated the same and should share the same risks. As for law enforcement officers, the State AG has an opinion on record which states that a LEO is not required nor expected to act as a LEO when off duty. At such times, they are no more than any other citizen, so if not for personal defense, they do not need authority to carry. If you “grant” this right to one, then it should be available to all.


HJR 0032 West CRIMINAL LAW: Joint committee to study Tennessee's gun laws. Creates special joint committee to study Tennessee's gun laws, including concealed carry permits, issuance of gun licenses to dealers and consumers, persons who are allowed to carry guns and where such persons are allowed to carry guns, penalties associated with guns, and any other matter the joint study committee may find reasonable and prudent.

• COMMENTS: NO! Not needed, unnecessary, and the words “ any other matter …. reasonable and prudent” is too wide. Not needed because a plain reading of the federal and state constitutions already says that you only have lawful authority to regulate with a view to prevent crime. To me that means you can only regulate those who have previously committed a crime, because you can not presume any other citizen to be guilty of crimes they have not committed. Therefore, any laws restricting the right recognized by the Second Amendment and by Tennessee’s constitution are over-reaching. Rights are NOT privileges.


HB 0390 Fincher CRIMINAL LAW: Loaded guns in vehicles. Allows a person with a handgun carry permit to possess a loaded rifle or loaded shotgun in a motor vehicle. (SENATE: SB 0578, Jackson; Referred to Senate Judiciary.)

• COMMENTS: Again, in my view, unnecessary except to correct the wrong done by previous law. The fact that my gun is loaded does not mean I am about to commit a crime. It only shows that I am a knowledgeable and prudent gun owner, because unloaded guns are dangerous. Not to mention useless in emergencies.


HB 0046 Evans CRIMINAL LAW: 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. (SENATE: SB 0032, Tracy; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 27, 2009 Decrease state expenditures - not significant

• COMMENTS: Should be passed simply to clarify the fact that existing law states that anyone seeking a permit is already not required to provide specific handgun data. Penalties should be applied to any government actor who asks for such data, because, as the Supreme Court has already ruled, the establishment of a gun registration database is a violation of law.


HB 0351 Hackworth CRIMINAL LAW: 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. (SENATE: SB 0539, Ketron; Referred to Senate Judiciary.)

COMMENTS: No! Assault, on anyone, is already a crime. The fact that the person may or may not be a LEO is not always readily apparent, and in any case, if the LEO is acting inappropriately, wrongfully placing someone in danger, or otherwise exceeding lawful authority, then self defense is not assault. Those who abuse the public trust must recognize that they too are equal under the law, and granting them special protection not given to the ordinary citizen is wrong.


CLOSING COMMENTS: As you go about your work, please keep the following available for frequent review:

1. It is elementary law that every statute is to be read in the light of the constitution. However broad and general its language, it cannot be interpreted as extending beyond those matters which it was within the constitutional power of the legislature to reach. McCullough v.Virginia, 172 U.S. 102 (1898)

2. To prohibit a citizen from wearing or carrying a war arm . . . is an unwarranted restriction upon the constitutional right to keep and bear arms. If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege. Arkansas Supreme Court, 1878

3. A state may not impose a charge for the enjoyment of a right granted by the federal constitution. The power to impose a license tax on the exercise of these freedoms is indeed as potent as the power of censorship which this Court has repeatedly struck down a person cannot be compelled ‘to purchase, through a license fee or a license tax, the privilege freely granted by the Constitution. MURDOCK V. PENNSYLVANIA 319 US 105 (1942)

4. Held: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. ….. In interpreting this text, we are guided by the principle that “[t]he Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning. D.C. vs Heller, 2008

/ end /

[redbarron06]

Good reply

[johnharris]

More of our membership should be doing likewise!!!!

That is what grassroots is about.