Unlicensed Open and Car Carry Bill Draft

[Nascar24Glock]

I have made a draft of a bill that will allow for unlicensed open carry and unlicensed car carry of a handgun. Let me know what you think of it. By the way, I did not bother to rename the permit from "handgun carry permit" to "concealed handgun permit", since a permit would still be required to carry in a park under this current draft. Also, underlines represents added words; bold and italics indicates deletions (since this forum won't allow strikethroughs).



AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 17, Part 13 relative to possession and
carrying of handguns without a handgun carry permit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 39-17-1301, is amended by adding
the following new subsection:
(19) “Concealed” means that:
(A) the weapon is hidden from common observation by a reasonable person; or
(B) the weapon is visible to common observation by a reasonable person but is of such deceptive appearance as to disguise the weapon's true nature.

SECTION 2. Tennessee Code Annotated, Section 39-17-1307, Subsection (a) is amended as follows:
(a)
(1) A person commits an offense who carries with the intent to go armed a firearm other than a handgun, a concealed handgun, a knife with a blade length exceeding four inches (4''), or a club.
(2)
(A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).
(B) A second or subsequent violation of subdivision (a)(1) is a Class B Misdemeanor.
(C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a concealed handgun occurred at a place open to the public where one (1) or more persons were present.

SECTION 3: Tennessee Code Annotated, Section 39-17-1308, is amended by adding
the following new subsections:
(11) Of a handgun that is not, at the time of possession, concealed. A handgun shall not be construed to be concealed if:
(A) The handgun is partially visible and possessed within a holster; or
(B) The handgun is unloaded and possessed within a case, box, or other container for transporting a handgun.
(12) Of a concealed handgun that is possessed within a motor vehicle.

SECTION 4: Tennessee Code Annotated, Section 39-17-1351, Subdivisions (1), (r)(2), (r)(3)(A), (r)(3)(B), (r)(3)(C)(i), and (t) are amended as follows:

(1) Except as provided in subdivision (2), a permit issued pursuant to this section shall be good for four (4) years and shall entitle the permit holder to carry concealed any handgun or handguns that the permit holder legally owns or possesses. The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer. carrying a concealed handgun or carrying a handgun at a location where a permit is otherwise required by law, and shall display the permit on demand of a law enforcement officer whenever such demand is made while the permit holder is carrying a concealed handgun or is carrying a handgun at location where a permit is otherwise required by law.
(r)
(2) For a person to lawfully carry a concealed handgun or carry a handgun at a location where a permit is otherwise required by law in this state based upon a permit or license issued in another state, the person must be in possession of the permit or license at all times the person carries a concealed handgun or carries a handgun at a location where a permit is otherwise required by law in this state.
(3)
(A) The commissioner of safety shall enter into written reciprocity agreements with other states that require the execution of the agreements. The commissioner of safety shall prepare and publicly publish a current list of states honoring permits issued by the state of Tennessee and shall make the list available to anyone upon request. The commissioner of safety shall also prepare and publicly publish a current list of states who, after inquiry by the commissioner, refuse to enter into a reciprocity agreement with this state or honor handgun carry permits issued by this state. To the extent that any state may impose conditions in the reciprocity agreements, the commissioner of safety shall publish those conditions as part of the list. If another state imposes conditions on Tennessee permit holders in a reciprocity agreement, the conditions shall also become a part of the agreement and apply to the other state's permit holders when they carry a concealed handgun or carry a handgun at a location where a permit is otherwise required by law in this state.
(B) If a person with a handgun permit from another state decides to become a resident of Tennessee, the person must obtain a Tennessee handgun permit within six (6) months of establishing residency in Tennessee. The permit may be issued based on the person having a permit from another state provided the other state has substantially similar permit eligibility requirements as this state. However, if during the six-month period the person applies for a handgun permit in this state and the application is denied, the person shall not be allowed to carry a concealed handgun or carry a handgun at a location where a permit is otherwise required by law in this state based upon the other state's permit.
(C)
(i) If a person who is a resident of and handgun permit holder in another state is employed in this state on a regular basis and desires to carry a concealed handgun or carry a handgun at a location where a permit is otherwise required by law in this state, the person shall have six (6) months from the last day of the sixth month of regular employment in this state to obtain a Tennessee handgun carry permit. The permit may be issued based on the person having a permit from another state provided the other state has substantially similar permit eligibility requirements as this state. However, if during the six-month period the person applies for a handgun permit in this state and the application is denied, the person shall not be allowed to carry a concealed handgun or carry a handgun at a location where a permit is otherwise required by law in this state based upon the other state's permit.
(t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder person possessing a handgun at any time when the officer reasonably believes it is necessary for the protection of the permit holder person possessing the handgun, officer or other individual or individuals. The officer shall return the handgun to the permit holder person possessing the handgun before discharging the permit holder person possessing the handgun from the scene when the officer has determined that the permit holder person possessing the handgun is not a threat to the officer, to the permit holder person possessing the handgun, or other individual or individuals provided that the permit holder person possessing the handgun has not violated any provision of this section and provided the permit holder person possessing the handgun has not committed any other violation that results in the arrest of the permit holder person possessing the handgun.

SECTION 5: Tennessee Code Annotated, Section 39-17-1352, Subdivisions (e)(3), (e)(5), and (f)(2) are amended as follows:
(e)
(3) If the permit holder is acquitted on the charge or charges, the permit shall be restored to the holder and the temporary prohibition against the carrying of a concealed handgun shall be lifted.
(5) If the permit holder is placed on pre-trial diversion or judicial diversion, the permit holder's privilege to lawfully carry a concealed handgun shall be suspended for the length of time the permit holder is subject to the jurisdiction of the court. The court shall send the surrendered permit to the department.
(f)
(2) The permit holder shall not be permitted to lawfully carry a concealed handgun or exercise the privileges conferred by the permit for the term of the sentence imposed by the court for the offense or offenses for which the permit holder was convicted.

 

[Nascar24Glock]

I have made a draft of a bill that will allow for unlicensed open carry and unlicensed car carry of a handgun. Let me know what you think of it. By the way, I did not bother to rename the permit from "handgun carry permit" to "concealed handgun permit", since a permit would still be required to carry in a park under this current draft. Also, underlines represents added words; bold and italics indicates deletions (since this forum won't allow strikethroughs).



AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 17, Part 13 relative to possession and
carrying of handguns without a handgun carry permit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 39-17-1301, is amended by adding
the following new subsection:
(19) “Concealed” means that:
(A) the weapon is hidden from common observation by a reasonable person; or
(B) the weapon is visible to common observation by a reasonable person but is of such deceptive appearance as to disguise the weapon's true nature.

SECTION 2. Tennessee Code Annotated, Section 39-17-1307, Subsection (a) is amended as follows:
(a)
(1) A person commits an offense who carries with the intent to go armed a firearm other than a handgun, a concealed handgun, a knife with a blade length exceeding four inches (4''), or a club.
(2)
(A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).
(B) A second or subsequent violation of subdivision (a)(1) is a Class B Misdemeanor.
(C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a concealed handgun occurred at a place open to the public where one (1) or more persons were present.

SECTION 3: Tennessee Code Annotated, Section 39-17-1308, is amended by adding
the following new subsections:
(11) Of a handgun that is not, at the time of possession, concealed. A handgun shall not be construed to be concealed if:
(A) The handgun is partially visible and possessed within a holster; or
(B) The handgun is unloaded and possessed within a case, box, or other container for transporting a handgun.
(12) Of a concealed handgun that is possessed within a motor vehicle.

SECTION 4: Tennessee Code Annotated, Section 39-17-1351, Subdivisions (1), (r)(2), (r)(3)(A), (r)(3)(B), (r)(3)(C)(i), and (t) are amended as follows:

(1) Except as provided in subdivision (2), a permit issued pursuant to this section shall be good for four (4) years and shall entitle the permit holder to carry concealed any handgun or handguns that the permit holder legally owns or possesses. The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer. carrying a concealed handgun or carrying a handgun at a location where a permit is otherwise required by law, and shall display the permit on demand of a law enforcement officer whenever such demand is made while the permit holder is carrying a concealed handgun or is carrying a handgun at location where a permit is otherwise required by law.
(r)
(2) For a person to lawfully carry a concealed handgun or carry a handgun at a location where a permit is otherwise required by law in this state based upon a permit or license issued in another state, the person must be in possession of the permit or license at all times the person carries a concealed handgun or carries a handgun at a location where a permit is otherwise required by law in this state.
(3)
(A) The commissioner of safety shall enter into written reciprocity agreements with other states that require the execution of the agreements. The commissioner of safety shall prepare and publicly publish a current list of states honoring permits issued by the state of Tennessee and shall make the list available to anyone upon request. The commissioner of safety shall also prepare and publicly publish a current list of states who, after inquiry by the commissioner, refuse to enter into a reciprocity agreement with this state or honor handgun carry permits issued by this state. To the extent that any state may impose conditions in the reciprocity agreements, the commissioner of safety shall publish those conditions as part of the list. If another state imposes conditions on Tennessee permit holders in a reciprocity agreement, the conditions shall also become a part of the agreement and apply to the other state's permit holders when they carry a concealed handgun or carry a handgun at a location where a permit is otherwise required by law in this state.
(B) If a person with a handgun permit from another state decides to become a resident of Tennessee, the person must obtain a Tennessee handgun permit within six (6) months of establishing residency in Tennessee. The permit may be issued based on the person having a permit from another state provided the other state has substantially similar permit eligibility requirements as this state. However, if during the six-month period the person applies for a handgun permit in this state and the application is denied, the person shall not be allowed to carry a concealed handgun or carry a handgun at a location where a permit is otherwise required by law in this state based upon the other state's permit.
(C)
(i) If a person who is a resident of and handgun permit holder in another state is employed in this state on a regular basis and desires to carry a concealed handgun or carry a handgun at a location where a permit is otherwise required by law in this state, the person shall have six (6) months from the last day of the sixth month of regular employment in this state to obtain a Tennessee handgun carry permit. The permit may be issued based on the person having a permit from another state provided the other state has substantially similar permit eligibility requirements as this state. However, if during the six-month period the person applies for a handgun permit in this state and the application is denied, the person shall not be allowed to carry a concealed handgun or carry a handgun at a location where a permit is otherwise required by law in this state based upon the other state's permit.
(t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder person possessing a handgun at any time when the officer reasonably believes it is necessary for the protection of the permit holder person possessing the handgun, officer or other individual or individuals. The officer shall return the handgun to the permit holder person possessing the handgun before discharging the permit holder person possessing the handgun from the scene when the officer has determined that the permit holder person possessing the handgun is not a threat to the officer, to the permit holder person possessing the handgun, or other individual or individuals provided that the permit holder person possessing the handgun has not violated any provision of this section and provided the permit holder person possessing the handgun has not committed any other violation that results in the arrest of the permit holder person possessing the handgun.

SECTION 5: Tennessee Code Annotated, Section 39-17-1352, Subdivisions (e)(3), (e)(5), and (f)(2) are amended as follows:
(e)
(3) If the permit holder is acquitted on the charge or charges, the permit shall be restored to the holder and the temporary prohibition against the carrying of a concealed handgun shall be lifted.
(5) If the permit holder is placed on pre-trial diversion or judicial diversion, the permit holder's privilege to lawfully carry a concealed handgun shall be suspended for the length of time the permit holder is subject to the jurisdiction of the court. The court shall send the surrendered permit to the department.
(f)
(2) The permit holder shall not be permitted to lawfully carry a concealed handgun or exercise the privileges conferred by the permit for the term of the sentence imposed by the court for the offense or offenses for which the permit holder was convicted.

I noticed a couple of omissions this morning and have added two sections to be seen below (Section 5 above is now section 6). Let me know what you all think of the revised draft. I am going to go ahead and send it AS A DRAFT to my representative (Micah Van Huss; I have have it from his own mouth that he supports constitutional carry, so he should be on board with something like this), letting him know that corrections and additions may be made; I just want him to go ahead and start looking at it. That way, if he has any comments or questions, I'll be able to relay them here and get your input.

SECTION 5: Tennessee Code Annotated, Section 39-17-1351, is amended by inserting the following new subsection:
(x) Nothing in this Section or elsewhere in Chapter 17, Part 13 shall be construed to require that a person issued a handgun carry permit must carry the handgun or handguns concealed. A person with a handgun carry permit shall continue to enjoy the right to carry a handgun or handguns in a manner in which the handgun or handguns are not concealed.

(I felt this addition was needed so that the law says, in no uncertain terms, that acquiring a permit does not terminate our right to carry openly).

SECTION 7: Tennessee Code Annotated, 39-17-1359, Subdivision (a)(2) is amended as follows:
(a)
(2) The prohibition in subdivision (a)(1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351. carrying a concealed handgun pursuant to the authority of § 39-17-1351 or who is otherwise lawfully carrying a handgun.

(This one was added to clean up a reference to the permit that I had overlooked when I was writing this last night).

 

[Fallguy]

It's hard to tell by just reading the bill, but some of it almost reads to me that with a permit you may be able to carry in some places that you otherwise may not. I'm going on the "at a location where a permit is otherwise required bt law" wording.

Does it seem like that to anyone else?

 

[Nascar24Glock]

It's hard to tell by just reading the bill, but some of it almost reads to me that with a permit you may be able to carry in some places that you otherwise may not. I'm going on the "at a location where a permit is otherwise required bt law" wording.

Does it seem like that to anyone else?

You are correct. Currently, a permit is required to carry in a park. I haven't changed that part of it.

Also, I may be sending this same representative a bill to allow carry by permit holders on college campuses. If (BIG IF) that one passes, it would be the same thing: permit requried.

 

[Fallguy]

Got ya

 

[Nascar24Glock]

Got ya

Yeah. Without that language, there would be a loophole wherein persons from out-of-state whose permits are "no longer honored" (such as, for example, they applied for a Tennessee permit within 6 months of becomming a resident and were denied) would still not be able to carry concealed but could now carry openly into a place where a permit is otherwise required (such as a park and, if the bill passes, a college campus).

Of course, if you think it would be simpler, I could modify it to say "such permit will no longer be honored by the state of Tennessee" (or something similar). That would take care of both concealed and "perks" locations, like parks.

 

[Nascar24Glock]

It's hard to tell by just reading the bill, but some of it almost reads to me that with a permit you may be able to carry in some places that you otherwise may not. I'm going on the "at a location where a permit is otherwise required bt law" wording.

Does it seem like that to anyone else?

Also, I wrote 39-17-1351-(1) that way so that an officer can ask to see your permit if you are carrying concealed or carrying at a place where a permit is required regardless. In theory, this would allow you to refuse to produce your permit (or other ID) if you are openly carrying at a place where a permit is not required (unless I'm missing some other part of Tennessee code that needs to be amended too).

 

[Fallguy]

Ok...let me see if I understand everything.

You want to allow OC and vehicle carry without a permit, right?
But only those with a permit could carry in certain locations, right?

You mention parks, but right now a permit is required to carry anywhere in the state, period. If OC without a permit is legal, why would you not want to allow someone OCing with a permit to carry there?

 

[Fallguy]

Also, I wrote 39-17-1351-(1) that way so that an officer can ask to see your permit if you are carrying concealed or carrying at a place where a permit is required regardless. In theory, this would allow you to refuse to produce your permit (or other ID) if you are openly carrying at a place where a permit is not required (unless I'm missing some other part of Tennessee code that needs to be amended too).

Yeah I'm not 100% sure how would be the best way to word that. Perhaps looking at some other states' laws.

To me the "best" way is not to have firearms posseion illegal in general with exceptions that are legal, but to have firearms possesion legal in general are certain offenses illegal such carrying concelaed without a permit, carry in a school etc.... That way simply openly possessing a weapon, is not an offense and therefore any non-voluntary interaction is not requried by the citizen.

 

[Nascar24Glock]

Ok...let me see if I understand everything.

You want to allow OC and vehicle carry without a permit, right?
But only those with a permit could carry in certain locations, right?

You mention parks, but right now a permit is required to carry anywhere in the state, period. If OC without a permit is legal, why would you not want to allow someone OCing with a permit to carry there?

You are correct. The permit would, as proposed, allow concealed carry out of a vehicle and a couple of "perks" (like carry in parks).

As to why I wouldn't allow unlicensed open carry in parks in this bill, it's mostly for simplicity: deal with one issue at a time. The statute on carrying in parks already says it's illegal to carry, except those authorized to carry a firearm pursuant to 39-17-1351 (or words to that effect). We can always change the park statute to include the word "concealed" at a later time, which would allow for unlicensed open carry there.

The other reason for putting this in there is in case some form of licensed school/university carry passes. In addition to issues of Federal Law regarding K-12 carry, I doubt there is enough political capital in the entire country to pass an unlicensed school or university carry bill. This language is therefore included to prevent loopholes wherein someone might try to argue that they can still carry openly in certain places on a permit that is no longer honored. For example: let's say the campus carry bill passes. Let's also say that someone begins working in Tennessee for 6 consecutive months, who has a permit from a state that we honor but with which we don't have a formal reciprocity agreement. Under the current law, that person has to apply for a Tennessee handgun carry permit. Let's say their state doesn't disqualify for the DUI convictions they've obtained within a certain timeframe, whereas our state does, thereby resulting in a denial of their application. Under the current law, once they're denied, they can no longer carry a handgun in Tennessee, possession of out-of-state permit not-withstanding. If I simply said "may not legally carry a concealed handgun", and they openly carried onto a college campus (after passage of the campus bill, since it will probably say something to the effect of "except those authorized to carry a firearm pursuant to 39-17-1351), their lawyer might try to argue a loophole wherein they argue that the out-of-state permit is not dishonored by Tennessee; it is simply no longer valid for concealed carry (I wouldn't try this loophole; but I could see some anti-gun representatives using it as an arguing point in a debate). So, I put this in there to pre-empt those arguments and prevent having to put a lot of cleanup language in future bills regarding places where the state wants only permitees to be carrying.

 

[Fallguy]

I think I'm following you...

 

[Q-Tip]

Is anything like this going through the TN legislative session? I tend to keep up with Mississippi more, so I'm not even sure when TN's legislative session occurs.

 

[DQ_1812]

Introducing Bill to the Open Session

This is an excellent edit to the current legislation; have you sent the revision to a State Senator yet for introduction in the current session? I received an e-mail today from the NRA that a large quantity of Pro-Gun legislation has been submitted to the session recently, and after reading what they've submitted and your revised legislature, I think now would be the perfect time for introduction. I'd be glad to help dispersing any way I can - solid work!

David

 

[Nascar24Glock]

This is an excellent edit to the current legislation; have you sent the revision to a State Senator yet for introduction in the current session? I received an e-mail today from the NRA that a large quantity of Pro-Gun legislation has been submitted to the session recently, and after reading what they've submitted and your revised legislature, I think now would be the perfect time for introduction. I'd be glad to help dispersing any way I can - solid work!

David

I've sent it to Senators Campfield and Crowe and Representatives Van Huss and Shipley. So, hopefully, it will get introduced soon. If anybody else wants to email it to your representatives, PM me your email address. Since this forum won't allow strikethroughs and since there are other formatting issues on it, it will probably be simpler for me to sent it to you as a WORD document in an email.


I did make one correction to Section 7. I noticed, due to the way it was originally written, it could be construed to prohibit law enforcement officers acting within their duties from carrying in places that post under section 1359.


SECTION 7: Tennessee Code Annotated, Section 39-17-1359, Subdivision (a)(2) is amended as follows:
(a)
(2) The prohibition in subdivision (a)(1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351. carrying a concealed handgun pursuant to the authority of § 39-17-1351, or any person who is otherwise lawfully carrying a handgun if such person would be required to have a permit issued pursuant to the authority of § 39-17-1351 to lawfully possess the handgun if it were concealed.