Action needed for final step in TN bill!

[Kentucky]

PLEASE CALL THE BUDGET COMMITTEE MEMBERS TODAY (Thursday) AND TELL THEM TO SUPPORT HB 132 AND HB 2184, WHAT YOU NEED TO KNOW IS BELOW.
THE PHONE NUMBER IS: 1-800-449-8366. Please do not hesitate this is the last committe that can make or break the bill!!!!! The committee members are at the bottom of this page.

__________________________________________________________________________________________________________________-
All I have just spoken with Rep. Bell on my bill (HB0132 by *Bell, *Overbey, *Williams, *Gresham, *Matheny, *Hawk, *Hill, *Fincher, *Bass. (*SB0053 by *Finney R., *Crowe.)

Game and Fish Laws - Authorizes persons with handgun carry permits to possess firearms in all public hunting areas, refuges, wildlife management areas, and national forests managed by the state. - Amends TCA Title 70.
). We have good news. It did pass the House Judiciary committee today 6-4 just the same as Niceley's state park bill.

However the better news is that it passed without the additional Senate amendments (only allowed the permits to be good in camping areas, on roads and trails in WMA's and no more than 20 feet off the road or trail. This was the amendment the TWRA had added to accept the bill.) Thanks to all of you making those phone calls and sending e-mails to your State Reps, the committee members, and the TWRA Board the TWRA through your phone calls have decided to accept and support the bill WITHOUT THE AMENDMENTS which means if this becomes law you will be allowed to carry your handgun with your permit anywhere on WMA's and Cherokee National Forest. The TWRA said that hunters have been ringing their phones off the hook telling the TWRA to fully support this bill without the amendments, so they have decided to do so. Another note is the TWRA has also said that they will "absorb" the fiscal note (which was a made up number of the cost) with the TWRA budget, meaning the fiscal note will be "INSIGNIFICANT" which is what we wanted. BUT we still are not in the clear. Here is what's next.


1. The Budget committee will hear the PREVIOUS fiscal note tomorrow because the TWRA has not had time to file the retraction. Please call the Budget Committee members ASAP and tell them to SUPPORT AND PASS HB 132 and that the TWRA has agreed to "absorb" the fiscal note with the TWRA budget. Following is the Fiscal Note.

2. Once this is done (thanks to your phone calls telling them the fiscal note is now AGREED to be absorbed by the TWRA) the bill should pass the committee. (If we do not call it could fail)

3. The bill will then go to the House floor for a up or down vote (Right now it seems nearly 70 percent on the floor will give a YEA vote.

4. Since the Amendments have now gone away it will then go back to the Senate for an up or down vote on accepting the bill without the Amendments added. (Which it should pass unanimously in the Senate without the amendments.

5. Next, WITH ALL YOUR HELP AND PHONE CALLS TOMORROW (THURSDAY), this should be signed by the governor late June to Early July and become law.


While you have them on the Phone also tell them to SUPPORT Rep. Niceleys bill to allow Handgun Carry Permits in State Parks and other areas.

*HB2184 by *Niceley, *Hill. (SB2143 by *Burchett, *Crowe.)

Handgun Permits - Allows any resident, who has a valid handgun carry permit, to possess his or her handgun while within the boundaries of any state park. - Amends TCA Title 39, Chapter 17, Part 13 and Title 70.

Below is the fiscal note for HB 132 to all carry in WMA's. (This is the one we need to tell the committee members is no longer valid and the TWRA has agreed to absord the cost in the TWRA budget. MAKE SURE the committee members know it IS NOT related to the GENERAL FUND)

SB 53 - HB 132

FISCAL NOTE

SB 53 - HB 132

February 12, 2007

SUMMARY OF BILL:
Authorizes individuals with handgun carry permits

to possess a firearm at any time of the year when traversing any refuge, public

hunting area or wildlife management area.

ESTIMATED FISCAL IMPACT:

Decrease State Revenues – Less than $22,500/Wildlife Fund

Decrease Local Govt. Revenues – Less than $27,500

Assumptions:

•
Approximately 50 violations occur per year which would no longer be

prohibited under the provisions of this bill.

•
An average of less than $1,000 collected in fees and fines associated

with current violations.

•
None of the violations resulted in incarceration.

•
A split of 55% to local governments and 45% to the TWRA for any fees

and fines associated with any citations.

•
No additional personnel will be required by the TWRA due to any

increase in the difficulty of the enforcement of wildlife regulations.

CERTIFICATION:

This is to duly certify that the information contained herein is true and

correct to the best of my knowledge.
_______________________________________________________________________________

BUDGET COMMITTEE MEMBERS


Please call the 1-800 number at the top of the page and then also call (and e-mail) EACH of the committee members. If this bill passes it will open the path for a bill next year that will allow carry in Public Parks as well because this bill will give the numbers needed to have enough support for a "Parks" bill next year that will be passable.


Budget

33 Legislative Plaza



* Harry Tindell, Chair

Members:
Jessica Holland, Committee Secretary
Julie Travis, Research Analyst
Joe Armstrong, Lois DeBerry, Craig Fitzhugh, Michael Harrison, Steve McDaniel, Gary Odom, Doug Overbey, Randy Rinks, Dennis Roach and Johnny Shaw
[blocked::http://www.legislature.state.tn.us/bills/currentga/committeereport.asp?vchamber=hf&vcommnum=850010] [blocked::http://www.legislature.state.tn.us/bills/currentga/committeemain.asp?vchamber=hf&vcommnum=850010]
Following are the contact PHONE NUMBERS and E-MAILS Please CALL them TODAY and tell them to SUPPORT this bill


Harry Tindell, Chair

D-Knoxville
District 13 - Part of Knox County

Nashville Address

33 Legislative Plaza

Nashville, TN 37243-0113

Phone (615) 741-2031

Staff Contact: Jessica Holland

[email protected]





Joe Armstrong,

D - Knoxville
District 15 - Part of Knox County

Nashville Address

25 Legislative Plaza

Nashville, TN 37243-0115

Phone (615) 741-0768

Fax (615) 253-0316

Staff Contact: Latonya Ellis

[email protected]





Lois DeBerry

D - Memphis
District 91 - Part of Shelby county

Nashville Address

15 Legislative Plaza

Nashville, TN 37243-0191

Phone (615) 741-3830

Fax (615) 741-3992

Staff Contacts: LaWanda Lollar and Aketa Simmons

[email protected]



Craig Fitzhugh

D - Ripley
District 82 - Lauderdale, Crockett and
part of Dyer Counties

Nashville Address

33 Legislative Plaza

Nashville, TN 37243-0182

Phone (615) 741-2134

Fax (615) 741-1446

Staff Contact: Eunice Golden

[email protected]





Michael Harrison

R - Rogersville
District 9 - Hancock and part of Hawkins counties

Nashville Address

206-A War Memorial Bldg.

Nashville, TN 37243-0109

Phone (615) 741-7480

Fax (615) 253-0210

Staff Contact: Connie Carter

[email protected]





Steve McDaniel

R - Parkers Crossroads
District 72 - Henderson, Chester and parts of
Decatur and Wayne counties

Nashville Address

115 War Memorial Building

Nashville, TN 37243-0172

Phone (615) 741-0750

Fax (615) 253-0214

Staff Contacts: Sharon Walden

[email protected]





Gary Odom

D - Nashville
District 55 - Part of Davidson county

18A Legislative Plaza

Nashville, TN 37243-0155

Phone (615) 741-4410

Fax (615) 253-0202

Staff Contact: Jennifer Murphy, Ethan Page and Skip Cauthorn, Policy & Research

[email protected]





Doug Overbey

R - Maryville
District 20 - Part of Blount county

Nashville Address

201 War Memorial Building

Nashville, TN 37243-0120

Phone (615) 741-0981

Fax (615) 253-0224

Staff Contact: Tina Still

[email protected]





Randy Rinks

D - Savannah
District 71 - Hardin, McNairy and part of Decatur counties

Nashville Address

18 Legislative Plaza

Nashville, TN 37243-0171

Phone (615) 741-2007

Fax (615) 741-3743

Staff Contact: Connie Phelps and Ross Nichols, Research Analyst

[email protected]





Dennis Roach

R - Rutledge
District 35 - Claiborne, Grainger and part of Jefferson counties

Nashville Address

217 War Memorial Building

Nashville, TN 37243-0135

Phone (615) 741-2534

Fax (615) 532-8221

Staff Contact: Ruth Patterson, CPS

[email protected]





Johnny Shaw

D - Bolivar
District 80 - Hardeman and part of Madison counties

Nashville Address

33 Legislative Plaza

Nashville, TN 37243-0180

Phone (615) 741-4538

Fax (615) 741-1446

Staff Contact: Allyson Sneed

[email protected]

 

[waynesan]

Calls made

I called every one.

 

[cruze7]

What's the latest word on these? I haven't been able to find any info on it from this week.

 

[Daps]

From TFA email:

Tennessee Firearms Association - Legislative Action Committee

This is a list of the bills which have had any form of legislative activity since May 1.
Monday, May 14, 2007


SB 0011*
Jackson
HB 1907
Rinks
CRIMINAL LAW: Use of deadly force for self-defense. Expands the circumstances under which a person using deadly force for self-defense is considered immune from civil liability. Permits the use of deadly force for self-defense when there is reasonable belief of death in not only a person's residence (current law) but also in such person's dwelling or vehicle. Defines residence to include any dwelling or building within the curtilage of one's residence.
Amendments: House amendment 1 clarifies the defenses listed are consistent with other parts of the code; adds a person who uses force is not immune from civil liability if the person against whom force was used is an innocent bystander.
TCA Secs. 39-11-0600; 39-11-0611

Senate Status: Senate passed 05/03/2007.
House Status: House 04/26/2007 passed with amendment 1.
Other Status: Sent to the speakers for signatures 05/03/2007.


SB 0023*
Jackson
HB 0702
McCord
CRIMINAL LAW: Possession of firearm where alcohol is served. Permits a person who has a permit to carry a handgun to carry gun in place where alcohol is served for consumption on premises if person not consuming alcohol or is not otherwise prohibited by posting provisions.
TCA Secs. 39-17-1300; 39-17-1305

Senate Status: Set for Senate Judiciary Committee 05/15/2007.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.


SB 0024*
Jackson
HB 2212
Cobb C.
CRIMINAL LAW: Sentencing - felony drug, violent offense for illegals. Requires a person who was illegally in the U.S. at the time that he or she committed a felony drug offense or a violent felony to be sentenced from within the Range II (normally reserved for a multiple offender) of the appropriate range.
TCA Secs. 40-35-0000; 40-35-0100

Senate Status: Set for Senate Judiciary Committee 05/15/2007.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.


SB 0053*
Finney R.
HB 0132
Bell
ENVIRONMENT & NATURE: Possession of firearms in wildlife management areas. Allows person with a concealed carry permit to possess a firearm while traversing any public hunting areas, refuges, wildlife management areas, and national forests managed by the state.
Amendments: House Judiciary amendment 1, Senate amendment 1, rewrites the bill to substitute handgun carry permit for concealed carry permit for consistency with the code. Senate amendment 2 clarifies that possession of handgun in wildlife management areas with handgun carry permit is only permitted in a vehicle on public roads, in parking lots, in common areas, on campgrounds, and within 20 feet of designated trails. Also specifies that handguns must not have scopes. Senate amendment 3 replaces "in a vehicle on a public road" in Amendment 2 with "on a public road."
TCA Secs. 70-00-0000; 70-04-0117

Senate Status: Senate 04/16/2007 passed with amendments 1, 2 & 3.
House Status: House Judiciary 05/09/2007 recommended. Sent to House Finance, Ways & Means.


SB 0135*
Jackson
HB 0145
McDonald
ENVIRONMENT & NATURE: Land managed by TWRA to be open for hunting and fishing. Requires land managed by TWRA to be open to access and use for recreational hunting and fishing except for land which is limited by the agency for reasons of public safety or homeland security. Prohibits the TWRA from taking action on land which will result in any net loss of available acreage for hunting and fishing opportunities. Requires TWRA to mitigate any land closed to hunting and fishing by opening new lands to be used for the same purpose, within 12 months of closure.
Amendments: House amendment 1 decreases the fiscal note by applying bill's provisions to lands owned by TWRA and lands owned by other "public" entities for which TWRA regulates hunting and fishing. Specifies that acreage TWRA submits is to be "estimated."
TCA Secs. 70-05-0000; 70-05-0101

Senate Status: Senate passed 04/23/2007.
House Status: House 04/18/2007 passed with amendment 1.
Other Status: Signed by governor 05/07/2007.


SB 0187*
Stanley
HB 0668
Swafford
CRIMINAL LAW: Castle Doctrine - self-defense and justified use of force. Expands concept of using reasonable force to protect self or others to dwellings other than residence and vehicles. Specifies that person is immune from criminal prosecution or civil liability for justified use of self-defense.
Amendments: Senate Judiciary, House Judiciary amendment 1 rewrites the bill defining vehicle as any motorized vehicle that is self-propelled and designed for use on highways to transport people or property; and, specifies that a person does not have immunity for the use of force if the force resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified.
TCA Secs. 39-11-0600; 39-11-0611; 39-11-0622

Senate Status: Re-referred to Senate Calendar Committee 05/03/2007.
House Status: Taken off notice in House Finance Budget Subcommittee 05/09/2007.


SB 0386*
Bunch
HB 1410
Watson E.
CRIMINAL LAW: Handgun carry permit for TEMA directors. Permits directors of the emergency management agency, in addition to other full-time employees of the agency, to carry handguns in performance of their duties while under a written directive.
TCA Sec. 39-17-1315

Senate Status: Set for Senate consent #2 05/14/2007.
House Status: House passed 04/12/2007.


SB 0419*
Jackson
HB 1155
Buck
ENVIRONMENT & NATURE: Draw elk-take permits and other special hunt permits. Authorizes the Wildlife Resources Commission to charge persons holding a sportsman license a non-refundable fee for draw elk-take permits and other permits designated by the commission as special hunt permits beginning with the 2008-2009 license year.
TCA Sec. 70-02-0201

Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Withdrawn in House 05/02/2007.


SB 0536*
Jackson
HB 0756
McDonald
CRIMINAL LAW: Use of force in self-defense of home clarified. Extends presumption that use of force to protect self or others is justified self-defense to dwellings other than residence and vehicles. Expressly provides that person is immune from criminal prosecution or civil liability for lawful exercise of self-defense.
TCA Secs. 39-11-0600; 39-11-0611; 39-11-0622

Senate Status: Set for Senate Judiciary Committee 05/15/2007.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.


SB 0814*
Williams Mike R.
HB 2059
Roach
CRIMINAL LAW: Off-highway motor vehicle - punishment increased. Increases the penalty for riding an off-highway vehicle on another person's land without permission from a Class C misdemeanor and $50 fine to a Class B misdemeanor and $100 fine. Subsequent violation carries same misdemeanor with fine increased to $250.
TCA Sec. 70-09-0107

Senate Status: Referred to Senate Judiciary.
House Status: Taken off notice in House Conservation & Environment 05/02/2007.


SB 1419*
Marrero
HB 1365
Kernell
CRIMINAL LAW: Unlawful possession or carrying of weapon. States that first offense of unlawful possession of a weapon with intent to go armed is punishable by a fine not to exceed $500, in addition to existing punishments; designates second or third offense as a Class B misdemeanor.
TCA Secs. 39-17-1300; 39-17-1307

Senate Status: Set for Senate Judiciary Committee 05/15/2007.
House Status: House Judiciary 05/09/2007 recommended. Sent to Calendar & Rules.


SB 1440*
Marrero
HB 1800
Turner L.
CRIMINAL LAW: Increases handgun permit fee. Increases the handgun permit from $115 to $130. Requires $15.00 of the fee be sent to the sheriff of the county in which the applicant resides for purposes of reimbursing the sheriff for costs associated with performing eligibility checks.
TCA Secs. 39-17-1300; 39-17-1351

Senate Status: Set for Senate Judiciary Committee 05/15/2007.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.


SB 1566*
Herron
HB 1875
McDonald
CRIMINAL LAW: Hunting with a firearm and while under the influence. Creates a Class A misdemeanor for hunting with a firearm while under the influence of alcohol or any intoxicant, drug, or drug producing stimulant. Also creates a Class A misdemeanor for underage hunting with a firearm while under the influence of drugs or alcohol for those under the age of 21 years.
Amendments: Senate amendment 1 restricts the application of the bill to public land only. Senate amendment 2 inserts the words "public lands and public waters" in a third place in the bill for uniformity purposes.
TCA Secs. 70-04-0000; 70-04-0600; 70-04-0601; 70-04-0602; 70-04-0603; 70-04-0604; 70-04-0605; 70-04-0606

Senate Status: Senate 05/09/2007 passed with amendments 1 and 2.
House Status: Caption bill, held on House clerk's desk.


SB 1594*
Norris
HB 1317
West
CRIMINAL LAW: Use of deadly force in defense of self or others. Specifies when use of deadly force in self defense is justified. Expands the circumstances under which a person using deadly force for self-defense is considered immune from civil liability. Permits the use of deadly force for self-defense when there is reasonable belief of death in not only a person's residence (current law) but also in such person's dwelling or vehicle. Defines residence to include any dwelling or building within the curtilage of one's residence. Sets effective date 0f July 1, 2007.
TCA Secs. 39-11-0600; 39-11-0611; 39-11-0622

Senate Status: Set for Senate Judiciary Committee 05/15/2007.
House Status: House Judiciary Criminal Practice Subcommittee deferred to the first calendar of 2008.


SB 1651
Jackson
HB 1118*
Buck
CRIMINAL LAW: Possession of handguns where alcohol is served. Allows a person holding a handgun permit to possess a handgun on premises where alcoholic beverages are served, so long as said person is not consuming alcohol and so long as the owner of the premises had not posted a notice prohibiting such possession.
TCA Secs. 39-17-1300; 39-17-1305

Senate Status: Set for Senate Judiciary Committee 05/15/2007.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.


SB 1667
Jackson
HB 0892*
McCord
ENVIRONMENT & NATURE: Entry upon lands of another person for hunting or fishing. Prohibits person who enters lands of another for hunting, fishing, or other wildlife related activities from causing damage to the property, including damage to buildings, crops or livestock. Specifies that the penalty is a Class C misdemeanor and possible revocation of license. Allows TWRA to promulgate rules and regulations to establish private lands incentive programs to encourage voluntary property access for hunting, fishing and other wildlife related activities.
Amendments: Senate amendment 1 provides the violation must be intentional or reckless to come under the provisions of this bill.
TCA Secs. 70-04-0100; 70-04-0105

Senate Status: Senate 05/09/2007 passed with amendment 1.
House Status: House Government Operations 04/25/2007 recommended. Sent to House Judiciary.


SB 1684*
Herron
HB 2297
Maddox
CRIMINAL LAW: Use of force in self-defense. Specifies when use of deadly force in self defense is justified. Expands the circumstances under which a person using deadly force for self-defense is considered immune from civil liability. Permits the use of deadly force for self-defense when there is reasonable belief of death in not only a person's residence (current law) but also in such person's dwelling. Defines residence to include any dwelling or building within the curtilage of one's residence.
TCA Secs. 39-11-0600; 39-11-0611; 39-11-0622

Senate Status: Set for Senate Judiciary Committee 05/15/2007.
House Status: Taken off notice in House Criminal Practice Subcommittee 04/11/2007.


SB 1876
Jackson
HB 0196*
Hensley
ENVIRONMENT & NATURE: Davy Crockett Long Hunters Shooting Range. Names Davy Crockett Long Hunters Shooting Range at David Crockett State Park in Lawrence County in honor of late Donald "Hopsing" Pilkinton.

Senate Status: Senate passed 04/30/2007.
House Status: Failed in House Finance Budget Subcommittee 05/02/2007.


SB 1885
Jackson
HB 1143*
Buck
CRIMINAL LAW: Firearms allowed in restaurants. Allows any person with handgun permit who is not consuming alcoholic beverages and is not under the influence of alcohol or controlled substances to carry a handgun in a restaurant where alcoholic beverages are served.
TCA Secs. 39-17-1300; 39-17-1305

Senate Status: Set for Senate Judiciary Committee 05/15/2007.
House Status: Referred to House Judiciary Criminal Practice Subcommittee.


SB 1967*
Norris
HB 1835
DeBerry J.
CRIMINAL LAW: Offense of employing firearm during commission of felony. Creates offense of employing a firearm during the commission of a felony, punishable by a sentence of 10 years that must be served in full; creates offense of possession of handgun, machine gun, short-barreled rifle or short-barreled shotgun during the commission of an offense, punishable by a sentence of six years to be served in full if committed during the commission of a Class A, B or C felony and by a sentence of three years to be served in full if committed during the commission of a Class D or E felony. Creates a felony offense for possession of a handgun by any person who has been convicted of a felony offense; classifies this as a Class E felony if previous conviction was for a Class D or E felony and as a Class C felony if previous conviction was for a Class A, B or C felony.
TCA Secs. 39-00-0000; 39-17-1307; 39-17-1308; 40-00-0000

Senate Status: Referred to Senate Judiciary.
House Status: Set for House Judiciary Committee 05/16/2007.
Other Status: Oversight Committee on Corrections 04/09/2007 released to standing committees without comment.


SB 1994*
Black
HB 1974
Maggart
TRANSPORTATION VEHICLES: Minors required to wear helmets on off-highway vehicles. Establishes a Class C misdemeanor offense subject for a parent or legal guardian to permit a child under the age of 18 to operate or be a passenger on an off-highway motor vehicle without wearing a helmet that meets the U.S. department of transportation standards. Specifies that a violation is a Class C misdemeanor. Allows municipalities to adopt ordinance that mirrors these provisions and to issue a traffic citation in lieu of arrest for a violation.
Amendments: Senate amendment 1, House Transportation amendment 1 makes the bill, and replaces "helmet that meets the United States department of transportation standards for off-highway motor vehicles" with "appropriate helmet," defined as meeting the federal motor vehicle standards. Permits such helmet to have ventilation airways that penetrate through the entire shell of the helmet but not exceeding one and one-half inches in diameter. Requires helmet to be affixed with label indicating compliance with requirements of STM, CPSC, SIRC or Snell Foundation. Changes penalty of $2 fine and court costs to a fine not to exceed $50 and court costs not to exceed $10. Removes maximum penalty provision for incorporated municipality ordinances. Senate amendment 2 adds that such offense does not apply to parents or legal guardians of a child under 18 if the operator or passenger is 21 or older or if the child is operating the off-highway motor vehicle while under the supervision of a person 21 or older. Senate amendment 3 clarifies that this bill would not apply to street legal dune buggies.
TCA Secs. 55-10-0000; 55-52-0000; 70-09-0000

Senate Status: Senate 04/04/2007 passed with amendments 1, 2 & 3.
House Status: Held on House clerk's desk.


SB 2016
Burchett
HB 1956*
Armstrong
RETAIL TRADE: Motorcycle and Off-Road Vehicle Dealer Fairness Act. Establishes laws pertaining to retailers of motorcycle and off-road vehicles and their suppliers who enter into retail agreements.
Amendments: Senate amendment 1 modifies the repurchasing schedule for specialized repair tools. Requires the supplier to repurchase at 100% of the net cost specialized repair tools purchased in the past three years, 75% for tools purchased in the past four through six years, and 50% for tools purchased more than 6 years ago. Previously the schedule required 75% of the cost be paid for tools purchased in the previous three years and 50% of the cost for tools purchased in the previous four through six years.
TCA Sec. 47-25-0000

Senate Status: Senate 04/09/2007 passed with amendment 1.
House Status: House passed 05/03/2007.
Other Status: Sent to the speakers for signatures 05/03/2007.


SB 2143
Burchett
HB 2184*
Niceley
CRIMINAL LAW: Handgun permit holders allowed to carry gun in state park. Permits Tennessee resident who has a valid handgun carry permit to possess his or her handgun while within the boundaries of any state park.
Amendments: House Judiciary amendment 1 deletes the section of the code that makes it an offense to carry weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. House Judiciary amendment 2 adds appropriate signage to be displayed informing the public when entering public parks, playgrounds, civic centers and other public recreational buildings and grounds that the carrying of handguns with a valid handgun carry permit is allowed.
TCA Secs. 39-17-1300; 39-17-1311; 39-17-1359; 70-00-0000

Senate Status: Set for Senate Judiciary Committee 05/15/2007.
House Status: House Judiciary 05/09/2007 recommended with amendment. Sent to House Calendar & Rules.


HJR 0108
McCord
ENVIRONMENT & NATURE: Constitutional amendment - right to hunt and fish. Proposes an amendment to Article XI, Section 13, of the Constitution of Tennessee to add provisions establishing the right to hunt, fish, and harvest game subject to reasonable rules and regulations. Establishes standard for reviewing such rules and regulations.
Amendments: House Conservation & Environment amendment 1 modifies some language to include the words "as proscribed by law." House Conservation & Environment amendment 2 adds a preamble to convey the legislative intent.

House Status: House Conservation & Environment 05/09/2007 recommended with amendment. Sent to House Finance, Ways & Means.

 

[Daps]

2nd TFA email:

Tennessee Firearms Association - Legislative Action Committee
Monday, May 14, 2007

Calendars
Monday, May 14, 2007

Sadly, TFA OPPOSES much of the legislation that is pending this year even some of the apparently progun legislation (e.g., the Castle Doctrine bills). However, TFA is in support of the PARKS bill (there are several versions pending).


Senate consent #2 -- Monday at 4:00 pm -- Senate Chamber
Please note TIME.
SB 0386
Bunch CRIMINAL LAW: Handgun carry permit for TEMA directors. Permits directors of the emergency management agency, in addition to other full-time employees of the agency, to carry handguns in performance of their duties while under a written directive. (HOUSE: HB 1410, Watson E.; House passed 04/12/2007.) FISCAL NOTE: Dated: February 10, 2007 Minimal.

TFA OPPOSES this bill


Tuesday, May 15, 2007


Senate Judiciary Committee -- Tuesday at 10:30 am -- LP 12
Please note: The committee will reconvene at 3:30 p.m. on Wednesday to take up any unfinished business. This is the committee's final calendar. By suspension of the rules on 5/10, items #72-84 have been added to the calendar. MEMBERS: Chair Beavers (R), Vice Chair Jackson (D), Secretary Woodson (R), Black (R), Kyle (D), Marrero (D), Norris (R), Stanley (R), Wilder (D).
SB 2143
Burchett CRIMINAL LAW: Handgun permit holders allowed to carry gun in state park. Permits Tennessee resident who has a valid handgun carry permit to possess his or her handgun while within the boundaries of any state park. AMENDMENT: House Judiciary amendment 1 deletes the section of the code that makes it an offense to carry weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. House Judiciary amendment 2 adds appropriate signage to be displayed informing the public when entering public parks, playgrounds, civic centers and other public recreational buildings and grounds that the carrying of handguns with a valid handgun carry permit is allowed. (HOUSE: HB 2184, Niceley; House Judiciary 05/09/2007 recommended with amendment. Sent to House Calendar & Rules.) FISCAL NOTE: Dated: March 19, 2007 Minimal.

NOTE: HOUSE AMENDMENT 2 is likely a poison pill hat is designed to create a fiscal note that will kill the bill. Why post that carry is OK?

SB 1419
Marrero CRIMINAL LAW: Unlawful possession or carrying of weapon. States that first offense of unlawful possession of a weapon with intent to go armed is punishable by a fine not to exceed $500, in addition to existing punishments; designates second or third offense as a Class B misdemeanor. (HOUSE: HB 1365, Kernell; House Judiciary 05/09/2007 recommended. Sent to Calendar & Rules.) FISCAL NOTE: Dated: March 24, 2007 Increase local govt. expenditures - not significant. Increase local govt. revenues -not significant.

TFA OPPOSES - Current law makes this violation a Class C misdemeanor ($50 fine). This bill increases the penalty 10 fold.

SB 1684
Herron CRIMINAL LAW: Use of force in self-defense. Specifies when use of deadly force in self defense is justified. Expands the circumstances under which a person using deadly force for self-defense is considered immune from civil liability. Permits the use of deadly force for self-defense when there is reasonable belief of death in not only a person's residence (current law) but also in such person's dwelling. Defines residence to include any dwelling or building within the curtilage of one's residence. (HOUSE: HB 2297, Maddox; Taken off notice in House Criminal Practice Subcommittee 04/11/2007.) FISCAL NOTE: Dated: February 14, 2007 Decrease state expenditures - $46,100 / incarceration.

BILL IS NOT MOVING - House bill is off notice.

SB 1594
Norris CRIMINAL LAW: Use of deadly force in defense of self or others. Specifies when use of deadly force in self defense is justified. Expands the circumstances under which a person using deadly force for self-defense is considered immune from civil liability. Permits the use of deadly force for self-defense when there is reasonable belief of death in not only a person's residence (current law) but also in such person's dwelling or vehicle. Defines residence to include any dwelling or building within the curtilage of one's residence. Sets effective date 0f July 1, 2007. (HOUSE: HB 1317, West; House Judiciary Criminal Practice Subcommittee deferred to the first calendar of 2008.) FISCAL NOTE: Dated: February 14, 2007 Decrease state expenditures - $46,100 / Incarceration.

BILL IS NOT MOVING - House bill is off notice.

SB 0023
Jackson CRIMINAL LAW: Possession of firearm where alcohol is served. Permits a person who has a permit to carry a handgun to carry gun in place where alcohol is served for consumption on premises if person not consuming alcohol or is not otherwise prohibited by posting provisions. (HOUSE: HB 0702, McCord; Referred to House Judiciary Criminal Practice Subcommittee.) FISCAL NOTE: Dated: January 5, 2007 Decrease local govt. revenues - not significant. Decrease local govt. expenditures - not significant.

BILL IS NOT MOVING.

SB 1885
Jackson CRIMINAL LAW: Firearms allowed in restaurants. Allows any person with handgun permit who is not consuming alcoholic beverages and is not under the influence of alcohol or controlled substances to carry a handgun in a restaurant where alcoholic beverages are served. (HOUSE: HB 1143, Buck; Referred to House Judiciary Criminal Practice Subcommittee.) FISCAL NOTE: Dated: February 13, 2007 Decrease local govt. expenditures - not significant. Decrease local govt. revenues - not significant.

BILL IS NOT MOVING

SB 1440
Marrero CRIMINAL LAW: Increases handgun permit fee. Increases the handgun permit from $115 to $130. Requires $15.00 of the fee be sent to the sheriff of the county in which the applicant resides for purposes of reimbursing the sheriff for costs associated with performing eligibility checks. (HOUSE: HB 1800, Turner L.; Referred to House Judiciary Criminal Practice Subcommittee.) FISCAL NOTE: Dated: March 22, 2007 Increase state expenditures - $11,000. Increase local govt. revenues - $248,000.

TFA OPPOSES.

SB 0024
Jackson CRIMINAL LAW: Sentencing - felony drug, violent offense for illegals. Requires a person who was illegally in the U.S. at the time that he or she committed a felony drug offense or a violent felony to be sentenced from within the Range II (normally reserved for a multiple offender) of the appropriate range. (HOUSE: HB 2212, Cobb C.; Referred to House Judiciary Criminal Practice Subcommittee.) FISCAL NOTE: Dated: January 22, 2007 Increase state expenditures - $2,263,300 / incarceration.

SB 0536
Jackson CRIMINAL LAW: Use of force in self-defense of home clarified. Extends presumption that use of force to protect self or others is justified self-defense to dwellings other than residence and vehicles. Expressly provides that person is immune from criminal prosecution or civil liability for lawful exercise of self-defense. (HOUSE: HB 0756, McDonald; Referred to House Judiciary Criminal Practice Subcommittee.) FISCAL NOTE: Dated: February 14, 2007 Decrease state expenditures - $46,100 / incarceration.

BILL IS NOT MOVING

SB 1651
Jackson CRIMINAL LAW: Possession of handguns where alcohol is served. Allows a person holding a handgun permit to possess a handgun on premises where alcoholic beverages are served, so long as said person is not consuming alcohol and so long as the owner of the premises had not posted a notice prohibiting such possession. (HOUSE: HB 1118, Buck; Referred to House Judiciary Criminal Practice Subcommittee.) FISCAL NOTE: Dated: February 13, 2007 Decrease local govt. expenditures - not significant. Decrease local govt. revenues - not significant.

BILL IS NOT MOVING - House bill is off notice.

Wednesday, May 16, 2007


House Judiciary Committee -- Wednesday at 8:30 am -- LP 31
The committee will meet to continue its final calendar from 05/09/2007. Please note that the following items had action taken on 05/09/2007 but remain on the calendar to retain original numbering: 1. HB 1365; 2. HB 0132; 8. HB 1334; 12. HB 1828; 14. HB 2154; 15. HB 2184; 16. HB 2311. MEMBERS: Chair Briley (D), Vice Chair Coleman (D), Secretary Sontany (D), Bass (D), Buck (D), DuBois (R), Fincher (D), Lundberg (R), Matheny (R), Watson (R).
HB 1365
Kernell CRIMINAL LAW: Unlawful possession or carrying of weapon. States that first offense of unlawful possession of a weapon with intent to go armed is punishable by a fine not to exceed $500, in addition to existing punishments; designates second or third offense as a Class B misdemeanor. (SENATE: SB 1419, Marrero; Set for Senate Judiciary Committee 05/15/2007.) FISCAL NOTE: Dated: March 24, 2007 Increase local govt. expenditures - not significant. Increase local govt. revenues -not significant.

HB 0132
Bell ENVIRONMENT & NATURE: Possession of firearms in wildlife management areas. Allows person with a concealed carry permit to possess a firearm while traversing any public hunting areas, refuges, wildlife management areas, and national forests managed by the state. AMENDMENT: House Judiciary amendment 1, Senate amendment 1, rewrites the bill to substitute handgun carry permit for concealed carry permit for consistency with the code. Senate amendment 2 clarifies that possession of handgun in wildlife management areas with handgun carry permit is only permitted in a vehicle on public roads, in parking lots, in common areas, on campgrounds, and within 20 feet of designated trails. Also specifies that handguns must not have scopes. Senate amendment 3 replaces "in a vehicle on a public road" in Amendment 2 with "on a public road." (SENATE: SB 0053, Finney R.; Senate 04/16/2007 passed with amendments 1, 2 & 3.) FISCAL NOTE: Dated: February 12, 2007 Decrease state revenues - less than $22,500/wildlife fund. Decrease local govt. Revenues - less than $27,500.

HB 1835
DeBerry J. CRIMINAL LAW: Offense of employing firearm during commission of felony. Creates offense of employing a firearm during the commission of a felony, punishable by a sentence of 10 years that must be served in full; creates offense of possession of handgun, machine gun, short-barreled rifle or short-barreled shotgun during the commission of an offense, punishable by a sentence of six years to be served in full if committed during the commission of a Class A, B or C felony and by a sentence of three years to be served in full if committed during the commission of a Class D or E felony. Creates a felony offense for possession of a handgun by any person who has been convicted of a felony offense; classifies this as a Class E felony if previous conviction was for a Class D or E felony and as a Class C felony if previous conviction was for a Class A, B or C felony. (SENATE: SB 1967, Norris; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 30, 2007 Increase state expenditures - $60,323,700 / incarceration.

HB 2184
Niceley CRIMINAL LAW: Handgun permit holders allowed to carry gun in state park. Permits Tennessee resident who has a valid handgun carry permit to possess his or her handgun while within the boundaries of any state park. AMENDMENT: House Judiciary amendment 1 deletes the section of the code that makes it an offense to carry weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. House Judiciary amendment 2 adds appropriate signage to be displayed informing the public when entering public parks, playgrounds, civic centers and other public recreational buildings and grounds that the carrying of handguns with a valid handgun carry permit is allowed. (SENATE: SB 2143, Burchett; Set for Senate Judiciary Committee 05/15/2007.) FISCAL NOTE: Dated: March 19, 2007 Minimal.

NOTE: HOUSE AMENDMENT 2 is likely a poison pill hat is designed to create a fiscal note that will kill the bill. Why post that carry is OK?