TFA Legislative Report – We elected them for this???

Summary:

Tennesseans were promised that “if” we would put the Republicans in control of state government that we would see smaller, more efficient government.  We would see a return to conservative principles.  We would see allegiance to the constitutions.  We would be better off.

Tennesseans gave the Republicans control a few years ago.  The Republicans have given control and leadership positions to “Establishment Republicans” who some call RINOs but who by any name are not individuals whose first priorities are to constitution and conservative governance as stewards of the people.

The result is too often a very confusing legislative profile.  A profile where conservative and constitutionally appropriate bills are defeated frequently by “dirt deeds” and shenanigans using processes such as false fiscal notes and the House Finance “black hole” Committee under the dominion of Rep. Charles Sargent.

This is what happens when Bill Haslam, Ron Ramsey and Beth Harwell serve as a de facto oligarchy in full control of what bills your elected representatives and senators do or do not get even the chance to vote upon….

No Open Carry law.
No real “safe commute” law.
No repeal of “local option” on public parks.
No “constitutional carry”.
No “teeth” added to the 2009 Firearms Freedom Act.

What did you get, a few “bones” but mostly, to quote AC/DC, “dirty deeds done dirt cheap….”

SB495 / HB379 Permit holders to update address electronically.

Category

Criminal Law

Sponsors

Sen.   Mark Green / Rep. Judd   Matheny

Description

Requires the   department of safety on or after January 1, 2014, to provide a method for   permit holders to notify the department electronically of a change in   residence.

Amendment

Senate amendment 1   (014722) changes the effective date to January 1, 2015.

Senate Status

03/31/2014 – Senate   passed with amendment 1 (014722), which changes the effective date to January   1, 2015.

House Status

04/10/2014 – House   passed.

Executive Status

04/10/2014 – Sent to   the speakers for signatures.

Caption

AN ACT to amend   Tennessee Code Annotated, Title 39; Title 40; Title 49 and Title 50, relative   to firearms.

 

 SB1612 / HB1399 Firearms – authority of general assembly.

Category

Criminal Law

Sponsors

Sen.   Mark Green / Rep. Judd   Matheny

Description

Declares that the   general assembly shall have authority over the whole field of regulating   firearms, ammunition, and components of firearms or ammunition. Prohibit   local governments and state entities from regulating the use of firearms,   ammunition or components of firearms or ammunition, except within or on a   public park that is owned or operated by the local government or state   entity.

Amendment

SENATE AMENDMENT 2   (015980) rewrites the bill. Declares that the Tennessee General Assembly   preempts the entire field of regulation of firearms, ammunition, or   components of firearms or ammunition, or combinations thereof, except as   otherwise provided by state law, and thus prohibiting regulation by local   government entities, with certain specified exceptions. Authorizes local   government entities, pursuant to the adoption of an ordinance, resolution,   policy, rule or other enactment, to regulate firearms, ammunition, and   combinations thereof, when related to firearms carried by employees or   independent contractors when acting in the course and scope of their   employment or contract; when related to the certain instances of discharging   firearms occurring within the boundaries of the applicable local entity; when   related to firearms at the location of a sport shooting range, except as   otherwise provided by Tenn. Code Ann. § 39-17-316 and § 13-3-412; and when   related to the enforcement of any state or federal law.

Senate Status

04/09/2014 – Senate   passed with amendment 2 (015980), which rewrites the bill. Declares that the   Tennessee General Assembly preempts the entire field of regulation of   firearms, ammunition, or components of firearms or ammunition, or   combinations thereof, except as otherwise provided by state law, and thus   prohibiting regulation by local government entities, with certain specified   exceptions. Authorizes local government entities, pursuant to the adoption of   an ordinance, resolution, policy, rule or other enactment, to regulate   firearms, ammunition, and combinations thereof, when related to firearms   carried by employees or independent contractors when acting in the course and   scope of their employment or contract; when related to the certain instances   of discharging firearms occurring within the boundaries of the applicable   local entity; when related to firearms at the location of a sport shooting   range, except as otherwise provided by Tenn. Code Ann. § 39-17-316 and §   13-3-412; and when related to the enforcement of any state or federal law.

House Status

04/10/2014 – House   passed.

Executive Status

04/10/2014 – Sent to   the speakers for signatures.

Caption

AN ACT to amend   Tennessee Code Annotated, Section 39-17-1314, relative to firearms.

Cosponsors

Rep. Jimmy   A. Eldridge ; Rep.   William G. Lamberth ; Rep.   Barrett Rich ; Rep.   Cameron Sexton ; Rep.   Mike Sparks ; Rep. John   C. Tidwell ;

 

 SB1672 / HB1400 Handgun permits – renewal period.

Category

Criminal Law

Sponsors

Sen.   Steve Southerland / Rep.   Tilman Goins

Description

Extends the renewal   period for a handgun carry permit from every four years to every five years   and requires that permits expire on the holder’s date of birth. Authorizes   the commissioner of safety to stagger from three years to seven years the   period of issuance or renewal for the purpose of achieving a renewal system   where the renewal will occur during the year in which the permit holder’s age   is divisible by five. Requires the renewal fee to be prorated to match the   appropriate fee for the new renewal system. Requires that this statute take   effect when the department’s A-List driver license system is capable of   implementing the requirements of this statute, but no later than January 1, 2016.

Amendment

Senate Amendment 2   (015645) adds new language to the bill stating that the following individuals   will only be required to pay the portion of the initial handgun carry   application fee necessary to conduct the required criminal history records   check: any person who has been honorably discharged from any branch of the   United States armed forces; any person who is on active guard or armed forces   reserve. Deletes and rewrites the effective date section for the bill as   amended.

Senate Status

04/10/2014 – Senate   passed with amendment 2 (015645), which adds new language to the bill stating   that the following individuals will only be required to pay the portion of   the initial handgun carry application fee necessary to conduct the required   criminal history records check: any person who has been honorably discharged   from any branch of the United States armed forces; any person who is on   active guard or armed forces reserve. Deletes and rewrites the effective date   section for the bill as amended.

House Status

04/14/2014 – House   passed.

Executive Status

04/14/2014 – Sent to   the speakers for signatures.

Caption

AN ACT to amend   Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to handgun   carry permits.

Cosponsors

Sen.   Doug Overbey ;

 

 

 

SB1700 / HB1404 Observation of a firearm when transported or stored.

Category

Criminal Law

Sponsors

Sen.   Mark Green / Rep.   Gerald McCormick

Description

Specifies, in regard   to keeping the firearm or ammunition “from ordinary observation”,   that a handgun carry permit holder transporting, storing or both transporting   and storing a firearm or firearm ammunition in accordance with the law does   not violate the law if the firearm or firearm ammunition is observed by   another person or security device during the ordinary course of the handgun   carry permit holder securing the firearm or firearm ammunition from   observation in or on a motor vehicle.

Senate Status

02/05/2014 – Senate   passed.

House Status

02/10/2014 – House   passed.

Executive Status

02/20/2014 – Enacted   as Public Chapter 0498 effective May 1, 2014.

Public Chapter

498

Caption

AN ACT to amend   Tennessee Code Annotated, Section 39-17-1313, relative to observation of a   firearm or firearm ammunition when transported or stored by a handgun carry   permit holder in or on a motor vehicle.

 

 

 

SB1701 / HB1405 Defines type of vehicle-handgun permit holder can store a firearm.

Category

Criminal Law

Sponsors

Sen.   Mark Green / Rep.   Gerald McCormick

Description

Defines “motor   vehicle” for purposes of the type of vehicle in which a handgun carry   permit holder may transport and store a firearm or firearm ammunition in a   parking lot.

Senate Status

02/05/2014 – Senate   passed.

House Status

02/20/2014 – House   passed.

Executive Status

03/19/2014 – Enacted   as Public Chapter 0505 effective May 1, 2014.

Public Chapter

505

Caption

AN ACT to amend   Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to motor   vehicles in or on which a firearm or firearm ammunition may be transported or   stored by a handgun carry permit holder.

 

 

 

SB1771 / HB1883 Changes regarding possession and use of certain switchblade knives.

Category

Criminal Law

Sponsors

Sen. Mike   Bell / Rep.   Vance Dennis

Description

Makes lawful the   sale, transfer, ownership, possession and transportation of switchblade   knives and knives with a blade length in excess of 4 inches. Allows the sale,   loan, or gift of switchblade knives to minors. Increases the maximum fine for   possessing a switchblade knife with the intent to employ it during commission   of a dangerous felony from 3,000 to 6,000 dollars. Creates Class D felony   employing a switchblade knife during commission of dangerous felony.

Amendment

Senate amendment 1   (012438) deletes Section 6 of the proposed legislation, which created a new   Class D felony.

Senate Status

03/03/2014 – Senate   passed with amendment 1.

House Status

03/24/2014 – House   passed.

Executive Status

04/14/2014 – Enacted   as Public Chapter 0647 effective July 1, 2014.

Public Chapter

647

Caption

AN ACT to amend   Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the   transfer, ownership, possession and transportation of certain knives and the   punishment for employing certain knives in the commission of a felony.

Cosponsors

Sen. Jim   Summerville ;

 

 

 

SB1774 / HB1480 Possession of a firearm in a vehicle without a permit.

Category

Criminal Law

Sponsors

Sen. Mike   Bell / Rep.   Jeremy Faison

Description

Creates an exception   to the offense of carrying a firearm in public without a handgun carry permit   if the person is not prohibited from carrying a firearm and is carrying the   firearm in a privately-owned motor vehicle.

Amendment

Senate amendment 1   (014982) rewrites the bill. Broadens the exception to unlawful carrying or   possessing of a firearm, when a person is carrying or possessing a firearm or   firearm ammunition in a motor vehicle, and such person is not prohibited from   possessing or receiving a firearm pursuant to 18 U.S.C. § 922(g), or from   purchasing a firearm pursuant to Tenn. Code Ann. §39-17-1316, and the person   is in lawful possession of the motor vehicle. For the purpose of the bill as   amended, defines the term “motor vehicle”. Effective July 1, 2014.

Senate Status

04/09/2014 – Senate   passed with amendment 1 (014982), which rewrites the bill. Broadens the   exception to unlawful carrying or possessing of a firearm, when a person is   carrying or possessing a firearm or firearm ammunition in a motor vehicle,   and such person is not prohibited from possessing or receiving a firearm   pursuant to 18 U.S.C. § 922(g), or from purchasing a firearm pursuant to   Tenn. Code Ann. §39-17-1316, and the person is in lawful possession of the   motor vehicle. For the purpose of the bill as amended, defines the term   “motor vehicle”. Effective July 1, 2014.

House Status

04/14/2014 – House   passed.

Executive Status

04/14/2014 – Sent to   the speakers for signatures.

Caption

AN ACT to amend   Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to the   carrying or possession of a firearm in a motor vehicle.

 

 

 

SB1777 / HB1952 Prohibits use of drone to interfere with citizens hunting and fishing.

Category

Environment & Nature

Sponsors

Sen. Mike   Bell / Rep. Judd   Matheny

Description

Prohibits the use of   drones to conduct video surveillance of private citizens who are lawfully   hunting or fishing.

Amendment

SENATE AMENDMENT 2   (013220) specifies that a person must have intent to conduct surveillance of   hunters or fishermen in order to commit an offense under this bill. Creates   an exception to the offense for situations when the person conducting   surveillance with a drone obtains the written consent of the persons being   surveilled before conducting any surveillance.

Senate Status

02/27/2014 – Senate   passed with amendment 2.

House Status

03/13/2014 – House   passed.

Executive Status

04/14/2014 – Enacted   as Public Chapter 0629 effective July 1, 2014.

Public Chapter

629

Caption

AN ACT to amend   Tennessee Code Annotated, Title 70, Chapter 4, Part 3, relative to hunter   protection.

 

 

 

SB1955 / HB1520 POST training for judges carrying firearm in courtroom.

Category

Criminal Law

Sponsors

Sen.   Dolores R. Gresham / Rep.   Steve McDaniel

Description

Removes the   requirement that judges must complete POST training in order to carry a   firearm during the discharge of the judge’s official duties. Requires that   such a judge keep the handgun concealed at all times when in the discharge of   such duties.

Senate Status

03/31/2014 – Senate   passed.

House Status

03/31/2014 – House   passed.

Executive Status

04/17/2014 – Enacted   as Public Chapter 0663 effective April 14, 2014.

Public Chapter

663

Caption

AN ACT to amend   Tennessee Code Annotated, Section 39-17-1306, relative to carrying weapons   during judicial proceedings.

Cosponsors

Sen. Mike   Bell ; Sen.   Janice Bowling ; Sen.   Charlotte Burks ; Sen. Stacey   Campfield ; Sen.   Todd Gardenhire ; Sen.   Joey Hensley ; Sen.   Frank Niceley ; Sen.   Steve Southerland ; Sen.   John Stevens ; Sen. Jim   Summerville ;

 

 

 

SB2031 / HB1483 Broadens handgun permit – transport and store firearm in parking lots.

Category

Criminal Law

Sponsors

Sen.   Joey Hensley / Rep.   Debra Moody

Description

Broadens scope of   handgun permit holder’s right to transport and store a firearm or firearm   ammunition in certain motor vehicle parking lots without criminal liability   under Tennessee law.

Amendment

Senate amendment 1   (014763) clarifies that holders of valid handgun carry permits may transport   and store handguns in privately owned motor vehicles in areas unless   expressly prohibited by federal law.

Senate Status

03/31/2014 – Senate   passed with amendment 1.

House Status

04/03/2014 – House   concurred in Senate amendment 1.

Executive Status

04/15/2014 – Sent to   governor.

Caption

AN ACT to amend   Tennessee Code Annotated, Section 39-17-1313(a), relative to transporting or   storing a firearm or firearm ammunition in a motor vehicle by a handgun carry   permit holder.

 

 

 

SJR2 Constitutional amendment – appointment of appellate judges.

Category

Judiciary

Sponsors

Sen.   Brian K. Kelsey

Description

Proposes an   amendment to provide for gubernatorial appointment of appellate judges,   subject to legislative confirmation, followed by retention elections.

Senate Status

03/13/2013 – Signed   by Senate speaker.

House Status

03/19/2013 – Signed   by House speaker.

Executive Status

03/11/2013 – Sent to   the speakers for signatures.

AG Opinion

GOVERNMENT: Supreme   Court. GOVERNMENT: Court of Appeals. GOVERNMENT: Court of Criminal Appeals.   GOVERNMENT: Elections. CONSTITUTIONAL LAW: Constitutional Amendment. Proposed   Senate joint resolution (SJR 2) proposes to amend Tenn. Const. Art. VI, Sec.   3 to set out new, detailed constitutional provisions in clear and unambiguous   language governing appointment of appellate judges to full and partial terms   of office and subsequent retention elections. SJR 2 states that judges of   Tennessee Supreme Court and any intermediate appellate court “shall be   appointed for a full term or to fill a vacancy by and at the discretion of   the governor” subject to confirmation by General Assembly in manner set forth   by SJR 2. SJR 2 also expressly provides that such judges thereafter   “shall be elected in a retention election by the qualified voters of the   state.” SJR 2 does not conflict with any other constitutional   provisions. (Attorney General Opinion 13-12, 38 TAM 9-30, 2/20/13, AG, 5   pages.)

 
If you are not mad, frustrated and motivated — you should be!

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