Tuesday, January 19, 2016

Tennessee Constitutional Carry Bill of 2016

Below is a copy of the 2016 permit-less (Constitutional) carry bill introduced by Senator Green and Representative Matheny.


Colt 1903, a great carry size pistol. Photo by Liston Matthews

This is a clean, well thought out bill which would restore the right of citizens to carry a defensive firearm without first seeking a permission slip from the state. 

Any Tennessee legislator who cannot support this bill, cannot truthfully say, "I support the Second Amendment." 

Now's the time for Tennessee citizens who support the natural, God-given right to defend oneself against crime, to contact your legislators and urge them to co-sponsor and support this bill:



Governor Haslam has publicly stated - -

  

- - that he will sign this measure if it comes to his desk. Let's give him the opportunity this year.

Folks in Kansas, Arizona, Wyoming, Maine, and Alaska have had the right to carry restored. It is time to do the same in Tennessee!
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SENATE BILL 1483 
By Green 
HOUSE BILL 1748 
By Matheny

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 11, Part 1; Title 39, Chapter 17, Part 13; Title 50 and Title 70, relative to the definition, possession, and carrying of firearms.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: 

SECTION 1. Tennessee Code Annotated, Section 39-17-1307, is amended by adding the following new subsection: 

(g) (1) Any person meeting the requirements of this subsection may carry any legally possessed handgun openly or concealed, loaded or unloaded. 

(2) For this subsection to apply, the person must: (A) Be at least twenty-one (21) years of age; and (B) Not be prohibited pursuant to § 39-17-1316, or any other applicable state law, from purchasing, receiving, or possessing a firearm as defined in § 39-11-106. 

(3) Carrying a handgun pursuant to this subsection (g) shall not constitute reasonable suspicion or probable cause to believe the person is violating any law, rule, or ordinance. 

SECTION 2. Tennessee Code Annotated, Section 39-17-1308, is amended by deleting the language: 

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was: and substituting instead the following: 

(a) It is an exception to the application of § 39-17-1307 if the possession or carrying was: 

SECTION 3. Tennessee Code Annotated, Section 39-17-1308, is amended by deleting from subsection (b) the word "defenses" and substituting instead the word "exceptions". 

SECTION 4. Tennessee Code Annotated, Section 39-17-1308, is amended by deleting subdivision (a)(2) and substituting instead the following: (2) By a person authorized to possess or carry a firearm pursuant to § 39-17- 1315, or a person authorized to possess or carry a handgun pursuant to § 39-17-1307(g) or § 39-17-1351; 

SECTION 5. Tennessee Code Annotated, Section 39-17-1309, is amended by deleting from subdivision (e)(8) the language "pursuant to § 39-17-1351" and substituting instead the language "pursuant to § 39-17-1307(g) or § 39-17-1351". 

SECTION 6. Tennessee Code Annotated, Section 39-17-1311, is amended by deleting from subdivisions (b)(1)(H)(i) and (I) the language "pursuant to § 39-17-1351" and substituting instead the language "pursuant to § 39-17-1307(g) or § 39-17-1351". 

SECTION 7. Tennessee Code Annotated, Section 39-17-1311, is amended by deleting from subdivision (b)(1)(H)(ii) the language "permit holder" and substituting instead the language "permit holder or person authorized to carry pursuant to § 39-17-1307(g)". 

SECTION 8. Tennessee Code Annotated, Section 39-17-1313, is amended by adding the following as a new subsection: (e) This section shall also apply to a person authorized to carry a handgun pursuant to § 39-17-1307(g). 

SECTION 9. Tennessee Code Annotated, Section 39-17-1359, is amended by deleting subdivision (a)(2) and substituting instead the following: (2) The prohibition in subdivision (a)(1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1307(g) or § 39-17-1351. 

SECTION 10. Tennessee Code Annotated, Section 50-3-201, is amended by deleting from subsection (d) the language "allowing persons with handgun permits to carry a handgun on such property" and substituting instead the language "allowing persons authorized to carry a handgun pursuant to § 39-17-1307(g) or § 39-17-1351 on such property". 

SECTION 11. Tennessee Code Annotated, Section 70-4-117, is amended by deleting from subsection (d) the language "Notwithstanding subsection (a), a person with a handgun carry permit pursuant to § 39-17-1351 may possess a handgun the entire year" and substituting instead the language "Notwithstanding subsection (a), a person authorized to carry a handgun pursuant to § 39-17-1307(g) or § 39-17-1351 may possess a handgun the entire year". 

SECTION 12. Tennessee Code Annotated, Section 70-4-123, is amended by deleting from subsection (a) the language "§ 39-17-1351" and substituting instead the language "§ 39- 17-1307(g) or § 39-17-1351". 

SECTION 13. Tennessee Code Annotated, Section 70-5-101, is amended by deleting from subsection (c) the language "a person with a handgun carry permit pursuant to § 39-17- 1351" and substituting instead the language "a person authorized to carry a handgun pursuant to § 39-17-1307(g) or § 39-17-1351". 

SECTION 14. Tennessee Code Annotated, Section 39-11-106(11), is amended by deleting the semicolon (;) and substituting instead the language "but does not include an "antique firearm" as defined in 18 U.S.C. § 921(a)(16);". 

SECTION 15. This act shall take effect upon becoming a law, the public welfare requiring it.

7 comments:

  1. According to Ron Ramsey when he ran for Governor and concealed carry was being addressed his wife, Cindy, said then she believed the Second Amendment was the only "carry law" that was needed.

    ReplyDelete
    Replies
    1. I wish I had lots of confidence in Ramsey.

      Delete
  2. Sir, I do what I can but I know some activists with rather long email lists. Can I forward a link to this post to them. I believe we can get some money and some numbers to back 2a carry this time. Also let me know what else I can do. I'm in Knox and want to help.

    ReplyDelete
    Replies
    1. Yes, please share the link far and wide.

      Watch for my next post which will have a link to a citizen's petition.

      Thanks

      Delete
    2. Sent every rep and sen an email today. many have replied. I thanked Green and Matheny for the their efforts. Depending on the replies I may call the reps. According to Beavers the senate has not had a problem getting theirs passed in previous years.

      Delete
  3. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

    ReplyDelete

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