From a TFA email alert, we learn that Senator Doug Jackson (D-Dickson) has introduced 3 firearms bills for the 2010 Legislative Session.
Doug Jackson, you may know, is the State Senator who sponsored Restaurant Carry, Park Carry, and the law that allows Carry Permit Holders to keep loaded (but not chambered) long guns in their vehicles. Here is the relevant portion of the email alert:
*SB 2389 by *Jackson
Sentencing – As introduced, adds as a factor by which a defendant’s sentence can be enhanced that offense was committed while in possession of or using a firearm and, at time of the offense, the defendant had a handgun carry permit. – Amends TCA Title 39, Chapter 17, Part 13 and Title 40, Chapter 35.
Note that the language of the bill does not appear to limit its application to crimes involving the “use” of a firearm. Thus, it may be that merely being in incidental possession of a firearm and doing something that is nonviolent – like bouncing a check – would under this law create a factor to increase the penalty of the possible sentence, would require the forfeiture of the weapon under 39-17-1317 and would like result in other consequences which have not been explored at this time. Senator Jackson has a strong history of supporting Tennessee’s gun owners and I am sure that any questions about the effect of this legislation can be resolved.
*SB 2390 by *Jackson
Firearms and Ammunition – As introduced, allows person without handgun carry permit to transport rifle or shotgun in privately-owned motor vehicle provided there is no ammunition in the chamber or cylinder and no loaded clip or magazine in the weapon or in close proximity to the weapon. – Amends TCA Title 39, Chapter 17, Part 13.
The question that may need clarification here is the problems we have experienced in the past with law enforcement and the “vague” language “close promximity” where law enforcement have construed “close proximity” as basicly meaning anywhere in the vehicle but excluding a locked trunk. Again, something to clarify.
*SB 2391 by *Jackson
Firearms and Ammunition – As introduced, removes the authority of the governor to commandeer or limit the sale or transportation of firearms, ammunition, or firearm or ammunition components during a state of emergency, major disaster, or natural disaster. – Amends TCA Title 58, Chapter 2, Part 1.
Now, a note about SB2389. John Harris, Executive Director of the TFA, notes in the email that “the language of the bill does not appear to limit its application to crimes involving the “use” of a firearm.” Here is the actual text of the bill as it exists on the state website today:
SECTION 1. Tennessee Code Annotated, Section 40-35-114, is amended by adding the
following as a new, appropriately numbered subdivision:
( ) The defendant used, possessed, carried or employed a firearm during
commission of the offense and, at the time of the offense, had a handgun carry permit
issued pursuant to § 39-17-1351.
SECTION 2. This act shall take effect July 1, 2010, the public welfare requiring it.
I think if we get the possessed and carried out of there, we’ll have a good bill. You’ve got to remember that this is a sentence enhancement factor–the person would already have been convicted of a crime. The only thing this does is allow a judge tack on more time, and the enhancement is not mandatory.
Jackson is one of us. I’m sure he can be persuaded to remove the possessed and carried, because John is absolutely right that this can be applied to nonviolent crimes like bouncing a check or trespassing.
If you go around holding up convenience stores and have a carry permit (which I’m pretty sure has never happened anywhere), I want you to do more time.
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