Fiscal Summary
(CORRECTED)
Increase State Expenditures - $100,000/One-Time
Bill Summary
This bill makes multiple changes to the laws governing the carrying of handguns, as follows:
(1) Under present law, a person commits an offense if that person carries a firearm with the intent to go armed. A first offense is a Class C misdemeanor and a second offense is a Class B misdemeanor. If the violation is committed by carrying a firearm at a place open to the public where one or more persons are present, it is a Class A misdemeanor. This bill removes handguns from this offense. This bill makes it a separate offense for an individual to carry a handgun that is hidden from common observation, and the bill states that it would not be an offense to carry a handgun openly. The punishments for these offenses will be in accordance with present law;
(2) Under present law, except as provided by law, any resident of Tennessee who is a United States citizen or permanent lawful resident, who has reached 21 years of age, may apply to the department of safety for a handgun carry permit. If the applicant is not prohibited from purchasing or possessing a firearm in this state or any other state or federal law, and the applicant otherwise meets all of the requirements, the department will issue a permit to the applicant. This bill specifies that effective September 1, 2014, the department will only issue concealed handgun carry permits and no permit will be required to openly carry a gun. On or after such date, any person meeting the above qualifications and all other applicable requirements, may apply in the same manner as provided under present law for a permit to carry a concealed handgun;
(3) This bill also specifies that any handgun carry permit that has been issued prior to September 1, 2014, will remain in full force and effect for as long as it remains valid. No handgun carry permit issued prior to September 1, 2014, will be renewed as a handgun carry permit after such date. However, a handgun carry permit holder may renew such permit upon its expiration and obtain a concealed carry permit in return. Converting a handgun carry permit to a concealed handgun carry permit will be accomplished in the same manner as renewal of a handgun carry permit under present law. No additional field or classroom testing, or criminal history record check is required to accomplish the conversion; and
(4) Present law specifies that if a permit holder is put on pretrial diversion or judicial diversion for a criminal offense, then the permit holder's right to carry a handgun will be suspended for the length of time the holder is on diversion. This bill specifies that the permit holder will only lose their right to carry a concealed handgun.
For purposes of accepting and processing applications for concealed handgun carry permits, this bill will take effect on July 1, 2014. For all other purposes, including the issuance and use of concealed handgun carry permits, this bill will take effect on September 1, 2014.
ON APRIL 8, 2014, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 2424, AS AMENDED.
AMENDMENT #1 rewrites the bill. Under present law, a person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches, or a club. The first offense is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed $500.
A second or subsequent violation is a Class B misdemeanor, and a violation of is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one or more persons were present.
Generally, this amendment removes the above-described prohibitions on carrying firearms, except as described below, and knives. Under this amendment it will be an offense for a person to:
(1) With the intent to go armed, carry a club; or
(2) Carry a handgun fully concealed from ordinary observation on his person (per present law, it will be a defense to this offense that the person has a handgun carry permit or is otherwise authorized by a written directive to carry a concealed weapon).
A first offense will be a Class C misdemeanor for a first violation, and a second or subsequent violation will be a Class B misdemeanor.
This amendment removes present law provision regarding handgun permit holders transporting a rifle of a shotgun in or on privately-owned motor vehicle if the rifle or shotgun does not have ammunition in the chamber and other related provisions that will no longer be applicable due to this amendment's removal of the prohibition on carrying firearms.
Under present law it is a defense to the offense of carrying a weapon on school property if the person is entering the property for the sole purpose of delivering or picking up passengers and does not remove, utilize or allow to be removed or utilized any weapon from the vehicle. This amendment revises this defense to cover any person entering the property, not just those persons picking up or delivering passengers, who does not remove the firearm from the vehicle; however, the person may remove the firearm for the limited purpose of storing it in or on another portion of a vehicle.
except to place the weapon in another portion of the vehicle.
Under present law a handgun carry permit authorizes the holder to carry any handgun or handguns that the permit holder legally owns or possesses. This amendment specifies that the permit holder may carry a handgun openly or concealed.
AMENDMENT #2 specifies that this bill does not require the department of safety to change the language on a handgun carry permit, as such exists prior to the effective date of this bill.
