Wednesday, March 4, 2020

Governor Lee's Constitutional Carry Bill of 2020

Here's my take on it. Note I only address Section 1:

AMEND Senate Bill No. 2671 House Bill No. 2817*

by deleting all language after the enacting clause and substituting instead the following:

SECTION 1. Tennessee Code Annotated, Section 39-17-1307, is amended by adding the following new subsection:

(g) It is an exception to the application of subsection (a) that a person is carrying, whether openly or concealed, a handgun and:

(1) The person meets the qualifications for the issuance of an enhanced handgun carry permit under § 39-17-1351(b) and (c). For purposes of this subdivision (g)(1), "qualifications" does not include completion of an application under § 39-17-1351(b) and (c);
COMMENT: If you could get an enhanced permit, then you don’t need one. Current law, however, TCA § 39-17-1351 states that you must not be prohibited from possessing a firearm in any other state. I read this that if some slave state, such as New Jersey, prohibits you from possessing a firearm, then you may not carry with or without a permit in Tennessee.

(2) The person lawfully possesses the handgun; and 

COMMENT: It would be better to strike paragraph (1) above, and start with this paragraph.

At the risk of oversimplification, it appears that Tennessee citizens and legally residing foreigners will be able to carry without a permit. Residents of other states will not (like Wyoming). You may carry everywhere except where it is prohibited. In typical Tennessee fashion, the legislature muddies the water.

But, I'll take it. It is a small step in the right direction.

As for the parts that enhance punishment for certain crimes, I have one thought. The criminals don't care. They often run from the police, adding an evading arrest charge. DA's plea bargain down. Judges give light sentences. Meh!

1 comment:

Liston Matthews said...

Note this is my understanding of the bill today. The bill is subject to change multiple times after this writing.....or not.