Subject: Pending Bill Report - Constitutional Carry to be heard next week!

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February 26, 2016


URGENT -- One of the "Constitutional Carry" bills has been put on notice for this week (HB1748 Mattheny) in the House Civil Subcommittee was rolled for perhaps two weeks. It was rolled because of an expected "adverse" amendment that we expected from legislators whose loyalties appear to lie strongly with the Department of Safety's desire to control who can carry a firearm under a constitutional carry bill.  

The problem is that this is a constitutional carry bill which has as its core element the fact that no permit or state involvement can be included else its just another permitting system.

The key members for purposes of this bill who must vote yes on this bill are Mike Carter, Jim Coley, and Jon Lundberg.  Please call and encourage these legislators to vote "YES" to send the bill forward.  You can get their contact information on this Legislative page.

In addition, call your House and Senate Members and insist that they immediately co-sponsor this legislation - HB1748 and SB1483.  If you don't know your House or Senate Member's name or contact information you can get it at this Legislative lookup page.


TFA Obtains Proof that the Department of Safety has overcharged handgun permit holders by more than $17 million dollars.
Public records obtained by the Tennessee Firearms Association from the Tennessee Department of Safety shows that from 2008 to 2014 the state of Tennessee has charged and collected $52,701,104 from citizens who were applying for state handgun permits.

Those same state reports show that it only cost the Department of Safety $35,166,452 to fully administer that program. That means, using the State's own figures, that the state has charged the citizens $17,534,652 more than it actually cost to run that program.  This raises serious questions about where has this money gone and why is the state overcharging?

This overcharging for handgun permits could be viewed by some as an intentional move to discourage some classes of citizens from getting a handgun permit merely because it was too expensive to do so.   A survey of TFA members shows that the overwhelming majority believe that this overcharge should somehow be rebated back to the handgun permit applicants.

Another aspect of this troubling evidence is that the information is contained in published state reports.  One state legislator, Charles Sargent, has been the chairman of the powerful House Finance Committee and has been apparently a key player in the budget process during most of this period.   This is the same Charles Sargent who has served for 20 years now and who was almost beaten in 2014 by Steve Gawrys in the Republican primaries (less than 260 vote spread according to some sources).  As Gawrys has announced his candidacy to run against Sargent again, we have noticed efforts by Sargent to "changes his colors" to try and portray himself as being pro-2nd Amendment - when his actual shenanigans in office paints a different color on this "public policy cameleon."   But now the question needs to be asked as to why one of the top "finance" legislators in the House - Sargent - did not take action in past years to make sure that even the handgun permits that were being offered had only as much of a "2nd Amendment tax" as was necessary to fund the process.  Clearly he took no such action.   Why did he apparently accept and tolerate a situation where the state profited by more than $17 million in just a few years by taxing the fundamental rights of Tennesseans to apply for handgun permits?  At this point, we probably cannot trust any response or excuse that he might give.

Legislative Status Report
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.

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.

Make the time to communicate with your legislators. Call them and ask questions.  Ask them to sponsor bills you like or appose the ones that you think are not constitutionally sound or, if sound, good public policy. 

If you do not already know your legislators or have their phone and email numbers handy, you can get this information on the Legislature's "Find my Legislator" page.

Bill #

Summary

Status

HJR0231 

Designates the Barrett Model M82/M107 as the official rifle of the State of Tennessee.

2016-02-25 / Enrolled
Transmitted to Governor for his action.

HB1424 

As introduced, reduces the fee for a lifetime handgun carry permit from $500 to $200. - Amends TCA Section 39-17-1351.

2016-02-23 / Introduced
Taken off notice for cal. in Civil Justice Committee

HB1513 

As introduced, authorizes sheriffs and deputy sheriffs to retain service weapon upon retirement and approval by 2/3 vote of county legislative body. - Amends TCA Title 8, Chapter 8, Part 2.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:00 pm in HHR16]

Placed on cal. Finance, Ways & Means Committee for 3/1/2016

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.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 9:00 am in HHR31]

Placed on cal. Civil Justice Committee for 3/1/2016

HB1563 

As introduced, 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.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 1:30 pm in HHR31]

Placed on s/c cal Criminal Justice Subcommittee for 3/1/2016

HB1565 

As introduced, permits the use of certain defenses to unlawful possession or carrying of a weapon by a person with a prior conviction for a felony involving the use of force, violence, deadly weapon, or drugs and whose rights of citizenship have been restored. - Amends TCA Section 39-17-1308.

2016-02-25 / Introduced
H. Placed on Regular Calendar for 2/29/2016

HB1644 

As introduced, requires the chief administrative officer of a private K-12 school or private institution of higher education to implement a handgun carry policy that either permits or prohibits a person who has a handgun carry permit from carrying on the grounds or buildings of a private K-12 school or private university. - Amends TCA Title 39; Title 49, Chapter 7, Part 1 and Title 49, Chapter 50, Part 8.

2016-02-24 / Introduced
[Hearing: Mar 2 @ 10:30 am in HHR31]

Placed on cal. Education Administration & Planning for 3/1/2016

HB1748 

As introduced, authorizes anyone 21 years of age or older who is not prohibited by law from possessing a handgun to carry a handgun without a permit under the same circumstances and in the same places as a handgun permit holder. - Amends TCA Title 39, Chapter 11, Part 1; Title 39, Chapter 17, Part 13; Title 50 and Title 70.

2016-02-24 / Introduced
Sponsor(s) Added.

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.

2016-02-23 / Introduced
Taken off notice for cal. in Civil Justice Committee

HB1750 

As introduced, 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.

2016-02-25 / Introduced
H. Placed on Regular Calendar for 2/29/2016

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.

2016-02-24 / Introduced
[Hearing: Mar 2 @ 3:00 pm in HHR31]

Placed on s/c cal Civil Justice Subcommittee for 3/2/2016

HB1752 

As introduced, requires public criminal records to be automatically expunged after two years from date of entry of any dismissal, nolle prosequi, or no true bill if not previously expunged upon court order or petition; establishes certain procedures for expunction without cost when charge is dismissed or nolle prosequi is entered. - Amends TCA Title 40, Chapter 32.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 1:30 pm in HHR31]

Placed on s/c cal Criminal Justice Subcommittee for 3/1/2016

HB1887 

As introduced, clarifies, in a manner consistent with federal law, that "antique firearm" is not included in the definition of "firearm" under state law; defines "antique firearm" consistent with federal law. - Amends TCA Title 36; Title 37; Title 39; Title 40 and Title 70.

2016-02-24 / Introduced
Taken off notice for cal in s/c Civil Justice Subcommittee of Civil Justice Committee

HB1929 

As introduced, extends immunity from civil liability to national guard members who are authorized by the military department to carry a personally owned handgun while in uniform and who use that handgun in self-defense or defense of others. - Amends TCA Title 58, Chapter 1.

2016-02-25 / Introduced
[Hearing: Mar 1 @ 9:00 am in HHR31]

Sponsor(s) Added.

HB1964 

As introduced, 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.

2016-02-24 / Engrossed
Received from House, Passed on First Consideration

HB2031 

As introduced, permits a person to petition the court for the expunction of multiple convictions provided all the offenses are currently eligible for expunction, the petitioner has completed all requirements of each sentence, and five years have elapsed since the most recent offense. - Amends TCA Title 40, Chapter 32.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 1:30 pm in HHR31]

Placed on s/c cal Criminal Justice Subcommittee for 3/1/2016

HB2033 

As introduced, establishes that if a person or entity posts to prohibit the possession of firearms on the property, the posting entity, for purposes of liability, assumes custodial responsibility for the safety and defense of any handgun carry permit holder harmed while on the posted property. - Amends TCA Title 39, Chapter 17, Part 13.

2016-02-24 / Introduced
[Hearing: Mar 2 @ 3:00 pm in HHR31]

Placed on s/c cal Civil Justice Subcommittee for 3/2/2016

HB2058 

As introduced, creates offense of recklessly leaving a loaded firearm unattended and readily accessible to a child under 13 years of age; creates certain defense. - Amends TCA Title 39, Chapter 17, Part 13.

2016-02-24 / Introduced
[Hearing: Mar 2 @ 3:00 pm in HHR31]

Placed on s/c cal Civil Justice Subcommittee for 3/2/2016

HB2131 

As introduced, prohibits public postsecondary institutions from taking any adverse action against an employee or student as a result of 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.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 9:00 am in HHR31]

Placed on cal. Civil Justice Committee for 3/1/2016

HB2389 

As introduced, 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.

2016-02-24 / Failed
Failed in s/c Civil Justice Subcommittee of Civil Justice Committee

HB2428 

As introduced, enacts the "Forfeiture Act," which creates a new process for civil forfeiture actions. - Amends TCA Title 38; Title 39; Title 40; Title 53 and Title 55.

2016-02-24 / Introduced
[Hearing: Mar 2 @ 3:00 pm in HHR31]

Placed on s/c cal Civil Justice Subcommittee for 3/2/2016

HB2575 

As introduced, 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.

2016-02-24 / Introduced
[Hearing: Mar 2 @ 10:30 am in HHR29]

Placed on s/c cal Finance, Ways & Means Subcommittee for 3/2/2016

HB2580 

As introduced, establishes the offense of theft of a firearm, which is graded as one classification higher than the value of the firearm under the grading of theft. - Amends TCA Title 39, Chapter 14, Part 1 and Title 39, Chapter 17, Part 13.

2016-02-24 / Introduced
[Hearing: Mar 2 @ 3:00 pm in HHR31]

Placed on s/c cal Civil Justice Subcommittee for 3/2/2016

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.

2016-02-25 / Introduced
Placed on Senate Consent Calendar 3 calendar for 2/29/2016

SB0774 

As introduced, 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.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

SB1008 

As introduced, 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. - Amends TCA Title 8, Chapter 10 and Title 39, Chapter 17, Part 13.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

SB1490 

As introduced, exempts honorably discharged and retired veterans of the United States armed forces from firing range and classroom training requirements for handgun carry permits upon presenting a DD 214 form indicating a discharge or retirement date within five years of application for the permit. - Amends TCA Title 39, Chapter 17, Part 13.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

SB1559 

As introduced, requires the chief administrative officer of a private K-12 school or private institution of higher education to implement a handgun carry policy that either permits or prohibits a person who has a handgun carry permit from carrying on the grounds or buildings of a private K-12 school or private university. - Amends TCA Title 39; Title 49, Chapter 7, Part 1 and Title 49, Chapter 50, Part 8.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

SB1627 

As introduced, 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.

2016-02-25 / Introduced
Placed on Senate Consent Calendar 2 calendar for 2/29/2016

SB1658 

As introduced, authorizes sheriffs and deputy sheriffs to retain service weapon upon retirement and approval by 2/3 vote of county legislative body. - Amends TCA Title 8, Chapter 8, Part 2.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

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.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

SB1667 

As introduced, 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.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

SB1736 

As introduced, establishes that if a person or entity posts to prohibit the possession of firearms on the property, the posting entity, for purposes of liability, assumes custodial responsibility for the safety and defense of any handgun carry permit holder harmed while on the posted property. - Amends TCA Title 39, Chapter 17, Part 13.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

SB1760 

As introduced, extends immunity from civil liability to national guard members who are authorized by the military department to carry a personally owned handgun while in uniform and who use that handgun in self-defense or defense of others. - Amends TCA Title 58, Chapter 1.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

SB1855 

As introduced, establishes the offense of theft of a firearm, which is graded as one classification higher than the value of the firearm under the grading of theft. - Amends TCA Title 39, Chapter 14, Part 1 and Title 39, Chapter 17, Part 13.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

SB1921 

As introduced, 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.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

SB2294 

As introduced, creates offense of recklessly leaving a loaded firearm unattended and readily accessible to a child under 13 years of age; creates certain defense. - Amends TCA Title 39, Chapter 17, Part 13.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016

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.

2016-02-24 / Introduced
[Hearing: Mar 1 @ 3:30 pm in Legislative Plaza Room 12 Lp]

Placed on Senate Judiciary Committee calendar for 3/1/2016


If you are not already a member of the Tennessee Firearms Association or if you need to renew your membership - do it now!

join.tennesseefirearms.com

If you are a member, then please consider making a voluntary contribution to the TFA's PAC to help continue the fight for your rights!

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