kwikrnu
Banned
Here is a suggestion of how to change the current laws to allow for easier carry of firearms.
Changes to handgun laws 10-23-2010
TCA 39-11-106(a)(11)
Amend
“Firearm” means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use; The term does not include antique firearm.
Reason: Federal law defines antiques as non firearms.
TCA 39-11-106(a)(11)(A)
Add
“Antique” means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898.
Reason: To bring statute in line with federal law and TCA 39-17-1316(b)(1).
TCA 39-11-106(a)(16)
Amend
“Handgun” means any firearm with a barrel length of twelve inches (12”) or less that is designed, made or adapted to be fired with one hand, and has no shoulder stock.
Reason: 12” barrel to bring in line with TCA 39-17-1319(a)(1). Handguns are not designed to be shoulder fired.
TCA 39-17-1301(18)
Amend
“Unloaded” means the rifle, shotgun or handgun does not have ammunition in the chamber; and the cylinder, clip or magazine, which are attached or inserted in the weapon do not contain any cartridge.
Reason: loaded should only mean that ammunition is inside a magazine or clip or cylinder which is attached to the weapon.
TCA 39-17-1301(19)
Add
“sensitive area” is defined as an area which is screened by security or law enforcement; which screening is not limited to metal detectors or other weapons detection devices. These sensitive areas include but are not limited to jails, prisons, courtrooms, and stadiums, and must be posted with notice in accordance with TCA 39-17-1359(b)(1).
Reason: To define what a sensitive area is according to recent United States Supreme Court decision in McDonald v Chicago.
TCA 39-17-1307(a)
Delete
Reason: The unconstitutional current law prohibits the loaded carry of firearms by law abiding citizens. The deletion of 1307(a) would allow the law abiding to carry for defense, and 1307(b) and (f) would continue to prohibit those with criminal records and those prohibited from carrying. 1307(d)(1) covers the carry of knives, clubs, and other weapons. TCA 39-17-1324 covers criminal intent while in possession.
TCA 39-17-1307(e)
Delete
Reason: No longer needed if 1307 (a) is removed
TCA 39-17-1307(g)
Add
It shall be a class B misdemeanor offense to carry a firearm where prohibited by TCA 39-17-1315(b)(2) or TCA 39-17-1359(a) if the place is properly posted as in TCA 39-17-1359(b). The fine for such offense shall not exceed $500.
Reason: Private property owners shall be able to prohibit carry of firearms with proper notice.
TCA 39-17-1308
Delete
Reason: Defenses are not needed if there is no crime of carrying a firearm by the law abiding resident.
TCA 39-17-1311
Delete
Reason: Carry of firearms by criminals and those prohibited is prohibited by TCA 39-17-1307. The restriction on law abiding is unconstitutional.
TCA 39-17-1314(a)
Amend
No city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof.
Reason: 39-17-1311 has been deleted. In order to avoid a system of laws which differ from city to city or county to county State wide preemption should exist.
TCA 39-17-1315(b)(2)
Amend
An individual, corporation, business entity or agent thereof is authorized to prohibit possession of weapons by any person otherwise authorized by this subsection (b), at meetings conducted by, or on premises owned, operated, managed or under control of the individual, corporation, business entity. Notice of the prohibition shall be posted or announced as set forth in TCA 39-17-1359.
Reason: Possession of lawfully carried firearms should not be regulated by city or county governments. State law preempts all local gun laws.
TCA 39-17-1352(a)(3)
Amend
Poses a material likelihood of risk of harm to the public after a non-felony charge as provided for in TCA 39-17-1352(e)(2).
Reason: To clarify the meaning of the statute
TCA 39-17-1359(a)(1)
Amend
(1)An individual, corporation, business entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, or business entity.
(2) A local or state government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the government entity if the place is a sensitive area as defined by TCA 39-17-1301(19).
(3) A Federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of government entity.
Reason: To add sensitive places to the areas where firearms will be prohibited.
TCA 39-17-1359(b)(1)
Amend
Notice of the prohibition permitted by subsection (a) shall be accomplished by displaying the notice described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited. The form of notice used shall be a sign and shall measure a minimum of eight inches by eight inches square and contain language set forth in TCA 39-17-1359(b)(3)(A) and is in a location and color which is plainly visible to the average person entering the building, property, or portion of the building or property, posted. Use of the notice provided for in (b)(3)(A) shall be considered properly posted.
Reason: Notice of a crime should include sufficient warning.
TCA 39-17-1359(b)(3)(A)
Amend
A sign SHALL BE USED TO POST THESE PROHIBITIONS AS FOLLOWS:
AS AUTHORIZED BY T.C.A. § 39-17-1359, POSSESSION OF A WEAPON ON POSTED PROPERTY OR IN A POSTED BUILDING IS PROHIBITED AND IS A CRIMINAL OFFENSE.
Reason: Notice of a crime should include sufficient warning.
TCA 39-17-1359(b)(3)(B)
Delete
Reason: Notice of a crime should include sufficient warning.
TCA 39-17-1359(b)(3)(C)
Delete
Reason: Notice of a crime should include sufficient warning.
TCA 39-17-1359(f)
Delete
Reason: Not necessary.
Changes to handgun laws 10-23-2010
TCA 39-11-106(a)(11)
Amend
“Firearm” means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use; The term does not include antique firearm.
Reason: Federal law defines antiques as non firearms.
TCA 39-11-106(a)(11)(A)
Add
“Antique” means any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898.
Reason: To bring statute in line with federal law and TCA 39-17-1316(b)(1).
TCA 39-11-106(a)(16)
Amend
“Handgun” means any firearm with a barrel length of twelve inches (12”) or less that is designed, made or adapted to be fired with one hand, and has no shoulder stock.
Reason: 12” barrel to bring in line with TCA 39-17-1319(a)(1). Handguns are not designed to be shoulder fired.
TCA 39-17-1301(18)
Amend
“Unloaded” means the rifle, shotgun or handgun does not have ammunition in the chamber; and the cylinder, clip or magazine, which are attached or inserted in the weapon do not contain any cartridge.
Reason: loaded should only mean that ammunition is inside a magazine or clip or cylinder which is attached to the weapon.
TCA 39-17-1301(19)
Add
“sensitive area” is defined as an area which is screened by security or law enforcement; which screening is not limited to metal detectors or other weapons detection devices. These sensitive areas include but are not limited to jails, prisons, courtrooms, and stadiums, and must be posted with notice in accordance with TCA 39-17-1359(b)(1).
Reason: To define what a sensitive area is according to recent United States Supreme Court decision in McDonald v Chicago.
TCA 39-17-1307(a)
Delete
Reason: The unconstitutional current law prohibits the loaded carry of firearms by law abiding citizens. The deletion of 1307(a) would allow the law abiding to carry for defense, and 1307(b) and (f) would continue to prohibit those with criminal records and those prohibited from carrying. 1307(d)(1) covers the carry of knives, clubs, and other weapons. TCA 39-17-1324 covers criminal intent while in possession.
TCA 39-17-1307(e)
Delete
Reason: No longer needed if 1307 (a) is removed
TCA 39-17-1307(g)
Add
It shall be a class B misdemeanor offense to carry a firearm where prohibited by TCA 39-17-1315(b)(2) or TCA 39-17-1359(a) if the place is properly posted as in TCA 39-17-1359(b). The fine for such offense shall not exceed $500.
Reason: Private property owners shall be able to prohibit carry of firearms with proper notice.
TCA 39-17-1308
Delete
Reason: Defenses are not needed if there is no crime of carrying a firearm by the law abiding resident.
TCA 39-17-1311
Delete
Reason: Carry of firearms by criminals and those prohibited is prohibited by TCA 39-17-1307. The restriction on law abiding is unconstitutional.
TCA 39-17-1314(a)
Amend
No city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof.
Reason: 39-17-1311 has been deleted. In order to avoid a system of laws which differ from city to city or county to county State wide preemption should exist.
TCA 39-17-1315(b)(2)
Amend
An individual, corporation, business entity or agent thereof is authorized to prohibit possession of weapons by any person otherwise authorized by this subsection (b), at meetings conducted by, or on premises owned, operated, managed or under control of the individual, corporation, business entity. Notice of the prohibition shall be posted or announced as set forth in TCA 39-17-1359.
Reason: Possession of lawfully carried firearms should not be regulated by city or county governments. State law preempts all local gun laws.
TCA 39-17-1352(a)(3)
Amend
Poses a material likelihood of risk of harm to the public after a non-felony charge as provided for in TCA 39-17-1352(e)(2).
Reason: To clarify the meaning of the statute
TCA 39-17-1359(a)(1)
Amend
(1)An individual, corporation, business entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, or business entity.
(2) A local or state government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the government entity if the place is a sensitive area as defined by TCA 39-17-1301(19).
(3) A Federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of government entity.
Reason: To add sensitive places to the areas where firearms will be prohibited.
TCA 39-17-1359(b)(1)
Amend
Notice of the prohibition permitted by subsection (a) shall be accomplished by displaying the notice described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited. The form of notice used shall be a sign and shall measure a minimum of eight inches by eight inches square and contain language set forth in TCA 39-17-1359(b)(3)(A) and is in a location and color which is plainly visible to the average person entering the building, property, or portion of the building or property, posted. Use of the notice provided for in (b)(3)(A) shall be considered properly posted.
Reason: Notice of a crime should include sufficient warning.
TCA 39-17-1359(b)(3)(A)
Amend
A sign SHALL BE USED TO POST THESE PROHIBITIONS AS FOLLOWS:
AS AUTHORIZED BY T.C.A. § 39-17-1359, POSSESSION OF A WEAPON ON POSTED PROPERTY OR IN A POSTED BUILDING IS PROHIBITED AND IS A CRIMINAL OFFENSE.
Reason: Notice of a crime should include sufficient warning.
TCA 39-17-1359(b)(3)(B)
Delete
Reason: Notice of a crime should include sufficient warning.
TCA 39-17-1359(b)(3)(C)
Delete
Reason: Notice of a crime should include sufficient warning.
TCA 39-17-1359(f)
Delete
Reason: Not necessary.
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