HB 1737

Generally, present law provides that a person commits a Class C misdemeanor offense who carries, with the intent to go armed, a firearm or a club. A Class C misdemeanor is punishable by imprisonment of no more than 30 days and a fine of up to $500. However, a second or subsequent violation is a Class B misdemeanor, punishable by up to six months in prison, a fine of up to $500, or both. Further, a violation is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the pu blic where one or more persons were present. A Class A misdemeanor has an authorized term of imprisonment of up to 11 months, 29 days ; a fine of up to $2,500 ; or both. However, present law excludes the following people from these provisions:  A person who is at least 21, lawfully possesses the handgun, and is in a place where the person is lawfully present.  A person who , in addition to lawfully possessing the handgun and being in a place where the person is lawfully present, is at least 18 and is an honorably discharged or retired veteran of the United States armed forces, including retired and current members of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, and who has successfully completed a basic training program or is a member of the United States armed forces on active duty status .  A person carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person (i) is not prohibited from possessing or receiving a firearm and (ii) is in lawful possession of the motor vehicle or boat. However, this exception does not apply to a motor vehicle or boat that is (i) owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and (ii) provided by such entity to an employee for use during the course of employment. Present law further provides certain offenses pertaining to the unlawful carrying or possession of a weapon, as summarized below:  A person commits a Class B felony offense who unlawfully possesses a firearm or firearm ammunition and h as been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon . A Class B felon y is punishable by an authorized term of imprisonment of eight to 30 years and a fine up to $25,000.  A person commits a Class C felony offense who unlawfully possesses a firearm or firearm ammunition and has been convicted of a felony drug offense. A Class C felony is punishable by an authorized term of imprisonment of three to 15 years and a fine up to $10,000.  A person commits a Class E felony offense who possesses a handgun or handgun ammunition and has been convicted of a felony unless (i) the person has been pardoned , (ii) t he felony has been expunged , or (iii) t he person's civil rights have been restored under state law and the restoration order does not specifically prohibit the person from possessing firearms. Barring any such exception, however, this offense is a Class E felony , which has an authorized term of imprisonment of one to six years and a fine up to $3,000.  A person commits a Class E felony offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from certain offense s considered dangerous felonies . Normally the fine for a Class E felony is $3,000, but, if the weapon is a switchblade knife, the maximum fine for this offense is $6,000 .  A person commits a Class E felony offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous felony. Normally the fine for a Class E felony is $3,000, but, if the weapon is a switchblade knife, the maximum fine for this offense is $6,000 .  Generally, a person commits a Class A misdemeanor offense who possesses a firearm and has either (i) been convicted of a misdemeanor crime of domestic violence and is still subject to the disabilities of such a conviction; (ii) is, at the time of the possession, subject to an order of protection; or (iii) is prohibited from possessing a firearm under any other state or federal law. However, there is an exception in certain contexts if the person is licensed as a federal firearms dealer or if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination or keys. E ach violation constitutes a separate offense.  A person commits a Class B misdemeanor offense who carries, with the intent to go armed, a firearm and has either (i) been convicted of stalking , (ii) been convicted of the offense of driving under the influence of an intoxicant in this or any other state two or more times within the prior 10 years or one time within the prior five years , (iii) been adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution or had a court appoint a conservator for the person by reason of a mental defect , or (iv) is otherwise prohibited from possessing a firearm by federal law.  A person commits a Class A misdemeanor offense who carries or possesses a firearm and has been adjudicated as a mental defective or judicially committed to a mental institution.  Generally, a person under 25 who possesses a firearm commits a Class A misdemeanor offense if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted (i) aggravated assault, (ii) aggravated assault against a first responder or nurse , (iii) criminal homicide , (iv) robbery , (v) burglary , (vi) aggravated cruelty to animals , (vii) a threat of mass violence , or (viii) a violation of a ny criminal offense involving the use or display of a firearm. However, this provision does not apply if a court has reinstated the person's right to possess a firearm . This bill removes all of the above provisions and substitutes, instead, the following offenses as summarized below. UNLAWFUL CARRYING OR POSSESSION OF A WEAPON This bill provides that a person commits an offense who possesses a firearm in conjunction with any of the following conditions:  The person has b een convicted of a felony crime of violence or an attempt to commit a felony crime of violence . A violation is a Class B felon y.  The person has b een convicted of a felony drug offense . A violation is a Class C felony.  The person has been convicted of a felony offense other than an offense listed in the two cases set out above. A violation offense is a Class E felony .  The person has been convicted of a misdemeanor crime of domestic violence as defined in federal law, and is still subject to the disabilities of such a conviction. A violation is a Class A misdemeanor .  The person is prohibited from possessing a firearm under federal law. A violation is a Class A misdemeanor .  The person has been adjudicated as a mental defective, has been judicially committed to a mental institution, or had a court appoint a conservator for the person by reason of a mental defect. A violation is a Class A misdemeanor . This bill provides that none of the provisions outlined above apply if any of the following are true for the person:  The person has been pardoned for the offense .  The conviction has been expunged or otherwise set aside .  The person ' s civil rights have been restored .  The person has been granted relief of disabilities relative to firearms under federal law or by any other statutory procedure or court ruling .  The person has been granted relief of disabilities relative to firearms under the applicable law of this or another state relative to a disability arising in that state. Additionally, this bill provides that a person commits a Class E felony offense who possesses a deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from a felony offense. If a person is licensed as a federal firearms dealer, is identified as a responsible party under a federal firearms license, or is employed by a federal firearms dealer, then this bill provides that the determination of whether such an individual possesses firearms that constitute the business assets or inventory under the federal license must be determined based upon the applicable federal statutes or the rules, regulations, official letters, ruling s, and publications of the federal bureau of alcohol, tob acco, firearms and explosives. This bill clarifies that a person does not possess a firearm if the firearm is in a safe or similar container that is securely locked and to which the person does not have the combination, key, or other means of normal access. DEFENSES This bill removes the following two defenses to unlawful possession or carrying of a weapon :  It is a defense if the possession or carrying was b y a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner of safety , and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons .  It is a defense if the possession or carrying was b y a person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws . Additionally, present law provides that defenses are not available to a person who unlawfully possesses a firearm or firearm ammunition and either (i) has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon; or (ii) has been convicted of a felony drug offense. This bill revises this provision so defenses are available to a person who unlawfully possesses a firearm or firearm ammunition and has been convicted of a felon y involving use of a deadly weapon . CARRYING WEAPONS ON PUBLIC PARKS AND BUILDINGS This bill removes present law that generally provides that i t is a Class A misdemeanor offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, certain weapons, not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state governme nt, or instrumentality thereof, for recreational p urposes. RELIEF FROM FIREARM RESTRICTIONS BASED ON MENTAL DISABILITY Under certain circumstances, present law authorizes a person who commits an offense by carr ying or possess ing a firearm after bring adjudicated as a mental defective or judicially committed to a mental institution to petition the circuit or criminal court that entered the commitment or order for relief from the firearm disabilities imposed by the adjudication or commitment . This bill adds that a person who committed such an offense by carr ying or possess ing a firearm after a court appoint ed a conservator for the person by reason of a mental defect may also petition the appropriate court for relief. Additionally, this bill makes the same change for chancery courts, general sessions courts, and county or probate court s. DISPOSSESSION OF FIREARMS FOR DOMESTIC VIOLENCE OFFENDERS Present law dispossesses certain offenders of firearms, including, generally, a person who is subject to a procedurally proper court order tha t restrains them from harassing, stalking, or threatening an intimate partner or child of such intimate partner . It is also an offense for a person subject t o an order of protection to knowingly fail to surrender or transfer all firearms the respondent possesses . The penalty for a violation of either provision is a Class A misdemeanor . This bill changes the penalty from a Class A misdemeanor for the above violations to, instead, be the penalty as provided by federal law, which is currently imprison ment up to 15 years or a fine of not more than $250,000 . However, if a person has three previous convictions for a violent felony or a serious drug offense, or both, committed on occasions different from one another, such person must be fined up to $250,000 and imprisoned not less than 15 years, and the court may not suspend the sentence of, o r grant a probationary sentence to, such person with respect to the domestic violence conviction . JUVENILE DELINQUENCY AND COURTS NOTIFYING SCHOOLS If a child is found to be a delinquent child, then present law requires the court to make a finding that the child's school must be notified if the child has been adjudicated delinquent for u nlawful carrying or possession of a firearm . This bill removes the portion of the provision that requires a court to find that a school must be notified if the juvenile was adjudicated delinquent for carrying a firearm, and provides, instead, that a court must only require notification if the juv enile was adjudicated d elinquent for unlawful possession of a firearm. RETIRED LAW ENFORCEMENT OFFICER 'S PERMITS - DENIALS If a retired officer follows certain certification procedures, then present law generally authorizes a retired law enforcement officer to become certified to carry a firearm within this state that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer . However, t he Tennessee POST commission must deny a permit application submitted pursuant to such certification if it determines from information contained in a criminal history record check conducted by the Tennessee bureau of investigation ( TBI ) and fede ral bureau of investigation (FBI), or from other information, that the applicant i s prohibited from purchasing or possessing a firearm in this state because the applicant committed any of the following offenses:  U nlawfully possess ing a firearm or firearm ammunition after having been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapo n.  U nlawfully possess ing a firearm or firearm ammunition after having been convicted of a felony drug offense.  Unlawfully possessing a handgun or handgun ammunition after having been convicted of a felony unless (i) t he person has been pardoned for the offense; (ii) t he felony conviction has been expunged; or (iii) t he person's civil rights have been restored, and the restoration order does not specifically prohibit the person from possessing firearms. This bill removes the above-listed reasons that require t he POST commission to deny a permit application submitted pursuant to such certification, and, instead, requires t he POST commission to deny a permit application submitted if the person i s prohibited from purchasing or possessing a firearm in this state after committing the offense of possess ing a firearm after having been convicted for any of the following:  A felony crime of violence or an attempt to commit a felony crime of violence .  A felony drug offense .  A felony offense other than a felony crime of violence or an attempt to commit a felony crime of violence or a felony drug offense .  A misdemeanor crime of domestic violence . Additionally, this bill requires t he POST commission to deny a permit application submitted if the person i s prohibited from possessing a firearm under federal law or if the person has been a djudicated as a mental defective, has been judicially committed to a mental institution, or had a court appoint a conservator for the person by reason of a mental defect. HANDGUN CARRY PERMIT S - DENIALS Generally , present law authorizes a state resident who is a United States citizen or permanent lawful resident , and who is at least 18 , to apply to the department of safety for a handgun carry permit or a lifetime enhanced handgun carry permit. T he department must issue either permit unless such applicant is pr ohibited from purchasing or possessing a firearm in this state pursuant to state and federal law, including if the applicant committed any of the following offenses:  U nlawfully possess ing a firearm or firearm ammunition after having been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapo n.  U nlawfully possess ing a firearm or firearm ammunition after having been convicted of a felony drug offense. This bill removes these reasons to deny a permit, and, instead, requires the department to issue either permit unless such applicant is pr ohibited from purchasing or possessing a firearm in this state pursuant to state and federal law, including if the applicant committed any of the following offenses:  A felony crime of violence or an attempt to commit a felony crime of violence .  A felony drug offense .  A felony offense other than a felony crime of violence or an attempt to commit a felony crime of violence or a felony drug offense .  A misdemeanor crime of domestic violence . Additionally, this bill requires the department to deny a permit if the person i s prohibited from possessing a firearm under federal law or if the person has been a djudicated as a mental defective, has been judicially committed to a mental institution, or had a court appoint a conservator for the person by reason of a mental defect. RESTORATION OF CITIZENSHIP Present law requires a petition for restoration of rights of citizenship to s et forth the basis for the petitioner's eligibility for restoration, including w hether the petitioner is prohibited from possessing a firearm . The court must order the restoration of the petitioner's full rights of citizenship and send a copy of the order to the state coordinator of elections if, upon the face of the petition or after conducting a hearing, the court finds the petitioner is not prohibited from possessing a firearm . The petitioner must include on their petition whether they are prohibited from possessing a firearm under a state or federal law and w hether the y are prohibited from possessing a firearm for committing the following offense:  A person under 25 who possesses a firearm commits an offense if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted (i) a ggravated assault , (ii) a ggravated assault against a first responder or nurse , (iii) criminal homicide, (iv) robbery, (v) burglary, (vi) a ggravated cruelty to animals , (vii) a threat of mass violence , or (viii) a criminal offense involving the use or display of a firearm . This bill removes these provisions that require a petitioner to include whether they are prohibited from possessing a firearm for committing the above offenses. This bill, instead, requires a petitioner to include whether they have been convicted of a felony . A petitioner must also include whether the y are prohibited from possessing a firearm because a court appoint ed a conservator for the pe titioner by reason of a mental defect. PROHIBITION OF FIREARM SALES Present law generally authorizes a person appropriately licensed by the federal government to stock and sell firearms to persons desiring firearms . H owever, sales are prohibited to persons who h ave been convicted of stalking . This bill removes this prohibition. This bill also removes the present law that prohibits sales to a person under 25 if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted (i) aggravated assault, (ii) aggravated assault against a first responder or nurse, (iii) criminal homicide, (iv) robbery, (v) burglary, (vi) aggravated cruelty to animal s , (vii) a threat of mass violence, or (viii) a criminal offense involving the use or display of a firearm. APPLICATION REQUIREMENTS FOR ENHANCED HANDGUN CARRY PERMIT This bill removes the present law that requires an applicant f or a n enhanced handgun carry permit to disclose and confirm compliance with, under oath, all of the following:  That the applicant has not been convicted of the offense of driving under the influence of an intoxicant in this or any other state two or more times within 1 0 years from the date of the application or renewal; an d n one of the convictions occurred within five years from the date of application or renewal .  That the applicant has not been convicted of stalking .  A person under 25 who possesses a firearm commits an offense if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted (i) aggravated assault, (ii) aggravated assault against a first responder or nurse, (iii) criminal homicide, (iv) robbery, (v) burglary, (vi) aggravated cruelty to animal, (vii) a threat of mass violence, or (viii) a criminal offense involving the use or display of a firearm. REVOCATION OF AN ENHANCED HANDGUN CARRY PERMIT This bill removes the present law that requires t he department to suspend or revoke a handgun permit upon a showing by its records or other sufficient evidence that the permit holder meets either of the following criteria:  If the permit holder i s subject to a current order of protection that fully complies with federal law.  If the permit holder is a person under 25 who possesses a firearm commits an offense if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted (i) aggravated assault, (ii) aggravated assault against a first responder or nurse, (iii) criminal homicide, (iv) robbery, (v) burglary, (vi) aggravated cruelty to animal, (vii) a threat of mass violence, or (viii) a criminal offense involving the use or display of a firearm. RESTRICTIONS ON FIREARMS FOLLOWING JUVENILE ADJUDICATION I n addition to any disposition authorized after a child is found to be a delinquent child, if a juvenile is adjudicated delinquent for conduct that, if committed by an adult, would constitute an offense as set out below , then present law requires the court to prohibit the juvenile from purchasing or possessing a firearm until the juvenile reaches 25 . This requirement applies to delinquent acts committed by a juvenile who is 14 or older at the time of the act that, if committed by an adult, would constitute (i) aggravated assault, (ii) aggravated assault against a first responder or nurse, (iii) criminal homicide, (iv) robbery, (v) burglary, (vi) aggravated cruelty to animal, (vii) a threat of mass violence, or (viii) a criminal offense involving the use or display of a firearm. Before a juvenile court accepts a plea of guilty or no contest from a child who was 14 or older at the time of the offense and charged with a delinquent offense listed above, present law requires the court to notify the juvenile that the juvenile is prohibited from possessing or purchasing a firearm until the juvenile turns 25 . After informing the juvenile of the firearm consequences of a plea of guilty or no contest, present law authorizes the court to accept the plea of guilty or no contest if the juvenile clearly states on the record that the juvenile is aware of the consequences of the adjudication and still wishes to enter a plea of guilty or no contest. If a juvenile is found by the court to have committed a delinquent act as described above, then present law requires the court to notify the juvenile of the prohibition on purchasing or possessing a firearm until the juvenile turns 25 . Present law requires t he clerk of the juvenile court to electronically submit to the instant check unit of the T BI the final disposition of delinquency proceedings against a juvenile adjudicated delinquent for an act described above as soon as practicable but no later than three business days after final disposition of the delinquency proceedings. The TBI must transmit the final disposition to the department of safety for the department's use in determining eligibility firearm and handgun carrying permits . If a person subject to the prohibition outlined above is 19 or older and at least one year removed from the person's most recent delinquency adjudication and completion of any disposition imposed, then the present law authorizes the person to petition the juvenile court for reinstatement of the person's right to purchase or possess a firearm. In determining whether to grant a petition to reinstate the person's right to purchase or possess a firearm , present law requires the court to consider:  The behavior of the person since the delinquency adjudication resulting in the prohibition .  The likelihood that the person will engage in further criminal activity .  Any other information the court considers relevant. Present law authorizes the criminal court, or a court having criminal jurisdiction, to review the juvenile court's determination . If the court grants a petition for reinstatement of the person's right to purchase or possess a firearm and the court's order is not appealed, then the clerk of the juvenile court must electronically submit to the instant check unit of the TBI investigation a certified copy of the order reinstating the person's right to purchase or possess a firearm within three business days a fter the time period for filing an appeal has closed. This bill removes all of the above provisions.