HB 2064

Present law generally provides that a person commits an offense who carries, with the intent to go armed, a firearm or a club . A first violation is a Class C misdemeanor, and, in addition to up to 30 days in prison , may also be punished by a fine up to $ 500. A second or subsequent violation is a Class B misdemeanor , which is punishable by up to six months in prison, a fine up to $ 500, or both . A violation is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the publ ic where one or more persons were present. However, there are two exceptions to the offense. This bill removes this offense, its penalties, and its two exceptions. CARRYING A FIREARM AFTER A DUI Present law provides that a person commits an offense who carries, with the intent to go armed, a firearm and ha s 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 on ce within the prior five years . This bill removes this offense. CARRYING AFTER DOMESTIC VIOLENCE Present law provides that a person commits an offense who possesses a firearm if such person h as been convicted of a misdemeanor crime of domestic violence and is still subject to the disabilities of such a conviction . This bill only applies this offense to a person who has been convicted within the last five years and has not had the ir firearm rights restored , or is otherwise still subject to the disabilities of the conviction . CARRYING AFTER STALKING Present law provides that a person commits an offense who carries, with the intent to go armed, a firearm if the person h as been convicted of stalking . This bill removes this provision and provides, instead, that it is unlawful for a person to carry a firearm if a person h as been convicted of stalking within the prior five years . CARRYING AFTER PROHIBITION TO CARRY Present law provides that a person commits an offense who carries, with the intent to go armed, a firearm if the person has been prohibited from possessing a firearm by committing certain unlawful acts under federal law as such federal law existed on January 1, 2021. This bill clarifies that a person is not prohibited from carrying a firearm based solely on either of the following circumstances:  The person's status as an unlawful user of or a person who is addicted to any controlled substance unless a court has issued a finding that the person's substance use creates a material risk of dangerous conduct within the prior year .  The person's prior conviction for a misdemeanor crime of domestic violence, if the conviction occurred more than five years prior or if the person's firearm rights have been restored through state law. CARRYING WEAPONS ON PUBLIC PARKS AND BUILDINGS Present law generally provides that i t is an 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 government, for recreational purposes. If a greenway traverses a park that is owned or operated by a county, municipality , then the greenway is considered a portion of that park unless designated otherwise by the local legislative body. Such weapons include any of the following:  An explosive or an explosive weapon .  A device principally designed, made or adapted for delivering or shooting an explosive weapon .  A machine gun .  Hoax device .  Knuckles .  Any other implement for infliction of serious bodily injury or death that has no common lawful purpose. However, present law provides that the above offense pertaining to public parks and buildings does not apply to certain persons, including, but not limited to, (i) p ersons employed in the army, air force, navy, coast guard, or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons ; (ii) o fficers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, in the discharge of their official duties ; and (iii) a ny private police employed by the municipality, county, state or instrumentality thereof in the discharge of their duties . This bill deletes all of the above provisions pertaining to carrying weapons on public parks, playgrounds, civic centers , and other public recreational buildings and grounds. This bill provides, instead, that it is not an offense for a person authorized to carry a firearm , or a person who is not prohibited from carrying a firearm , to do so in any state or local park, on a greenway or other recreational property, or, to the extent permitted by federal law, within or on property designated by the federal go vernment as a national park, forest, preserve, historic park, military park, trail, or recreation area. DEFENSES TO UNLAWFUL CARRYING Present law provides several defense s to the offense of carrying , with the intent to go armed, a firearm or a club. Such defenses include all of the following, if the possession or carrying was:  By a person authorized to possess or carry a firearm pursuant to their employment, an enhanced handgun carry permit, or a concealed handgun carry permit.  By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety while the officer is in the performance of the officer's official duties.  By a state, county or municipal judge or any federal judge or any federal or county magistrate.  By 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, 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.  By any 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.  By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from an appropriate out-of-state law enforcement agency and a photo identification. However, if no valid commission card and photo identification are retained, then it is unlawful for that officer to carry firearms in this state. This defense is only applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state.  By a person authorized to carry a handgun pursuant to a 21-day temporary handgun carry permit after being granted an order of protection, ex parte or otherwise. This bill removes the above-listed defenses. SELLING, LOANING, AND GIFTING FIREARMS TO MINORS Present law generally provides that a person commits an offense who i ntentionally, knowingly, or recklessly sells, loans , or makes a gift of a firearm to a minor . This bill removes this offense and its defense. JUVENILE HANDGUN POSSESSION Present law provides that it is an offense for a juvenile to knowingly possess a handgun. This bill deletes this provision and provides, instead, that it is an offense for a juvenile to knowingly possess a firearm. Present law also provides that a firearm includes a weapon that will , is designed to , or may readily be converted to expel a projectile by the action of an explosive; t he frame or receiver of any such weapon; a ny firearm muffler or firearm silencer; or a ny destructive device . However, a firearm does not include an antique firearm . Defenses Present law provides several defenses to the offense of a juvenile knowingly possess ing a handgun , including, if the juvenile is h unting or trapping pursuant to a valid license issued to the juvenile . This bill removes this defense and provides, instead, that it is a defense if the juvenile is h unting, trapping, fishing, camping, sport shooting, or engaging in other lawful sporting activity . This bill also provides the following defenses:  For a juvenile possessing a rifle or shotgun, at the juvenile's p lace of residence , place of business , or p remises .  For a juvenile possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals .  If the juvenile is legally e mancipated . PROVIDING HANDGUNS TO JUVENILES Present law provides that it is an offense for a person intentionally, knowingly , or recklessly to provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile . Unlawfully providing or permitting a juvenile to possess a handgun in such manner is a Class A misdemeanor , punishable by up to 11 months, 29 days in prison or a fine not to exceed $2,500 , or both . It is also an offense for a parent or guardian intentionally, knowi ngly or recklessly to provide a handgun to a juvenile or permit a juvenile to possess a handgun, if the parent or guardian knows of a substantial risk that the juvenile will use a handgun to commit a felony. Unlawfully providing or permitting a juvenile to possess a handgun in such a manner is a Class D felony , punishable by two to 12 years in prison and a potential fine up to $5,000 . This bill changes the provisions above to no longer apply to handguns, but, instead, apply to firearms. JUVENILE DELINQUENCY AND PARENTS NOTIFYING SCHOOLS Additionally, present law requires t he parents, guardians, or legal custodians, including the department of children's services acting in any capacity, to notify a child's school if the student has been adjudicated delinquent for certain offense. Such offenses include handgun possession and providing handguns to juveniles. This bill removes the two offenses listed above, and provides, instead, that a school must be notified if a student is adjudicated delinquent for f irearm possession or p roviding a firearm to a juvenile . JUVENILE DELINQUENCY AND COURTS NOTIFYING SCHOOLS If a child is found to be a delinquent child, present law requires the court to make a finding that the child's school must be notified if t he child has been adjudicated delinquent for any of the following offenses:  C arrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds.  Firearm possession .  Providing firearms to juveniles . This bill removes th ese provision s . POSSESSION OF HANDGUN WHILE UNDER THE INFLUENCE Even if someone has a carry permit , present law provides that it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue. It is an offense for a person to possess a firearm if the person is both of the following:  Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, or beer are served for consumption on the premise s.  Consuming any alcoholic beverage listed above. Present law provides that a violation of the above is a Class A misdemeanor , punishable by up to 11 months, 29 days in prison or a fine not to exceed $2,500 , or both . In addition to such punishment, if the violation is committed as described above and the person has a n enhanced handgun carry permit or a concealed handgun carry permit, then such permit must be suspended for a period of three years. This bill provides the same provisions above apply to firearms, not just handguns. FIREARM RIGHTS RESTORATION AFTER DOMESTIC VIOLENCE CONVICTION This bill authorizes a person who has been convicted of a misdemeanor crime of domestic violence within the prior five years to petition the court in which the person was convicted to have the person's firearm rights restored . However, the person may not petition the court until three years from the date of conviction. Petition This bill requires a copy of the petition for relief to be served on the district attorney general of the judicial district in which the offense occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner. This bill requires t he court to receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning all of the following:  Evidence of the offense and the circumstances surrounding the offense ,  The petitioner's mental health records .  The petitioner's criminal history .  The petitioner's reputation .  Changes in the petitioner's circumstances relevant to the relief sought. This bill requires t he court to grant the petition for relief if it finds by a preponderance of the evidence and enters into the record that (i) t he petitioner is no longer likely to act in a manner that is dangerous to public safety and (ii) g ranting the relief would not be contrary to the public interest. This bill requires a record of the proceedings, to be provided by the petitioner, to be made by a certified court reporter or by court-approved electronic means. The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, must be de novo. However, a person may file a petition for relief no more than once. Relief from firearm disability This bill provides that r elief from a firearm disability granted under the above provisions has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular misdemeanor crime of domestic violence from which relief is granted. When the court issues an order granting a petition of relief , the court clerk must , as soon as practicable but no later than 30 days after issuance, forward a copy of the order to the Tennessee bureau of investigation (" TBI "") . The TBI, upon receipt of the order, m ust do all of the following:  Immediately forward a copy of the order to the department of safety .  If applicable, update the National Instant Criminal Background Check System database and transmit the corrected records to the FBI.  Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control. This bill prohibits t he TBI and the department of safety from us ing or permit ting the use of the records or information obtained or retained pursuant to the above provisions for any purpose not specified above."