Tennessee carry bill follows Vermont law

UPDATE: This bill is DOA this year.

Senator Stacey Campfield recently introduced SB 397 in the Tennessee General Assembly. Here is a breakdown of the bill and the sections of the Tennessee Code Annotated it modifies. There are a few of my added comments, but the bill sections, when associated with the relevant TCA sections, are rather clear. 

In a nutshell, Section 1 states that anyone not prohibited from purchasing a firearm may carry one (except as otherwise prohibited). Section 2 duplicates the historical Vermont statute, while eliminating the vague with intent to go armed section of current Tennessee law. Section 10 explicitly states that a permit is not required to carry a weapon in Tennessee. If a person can legally own a gun, he/she can legally carry it.

Governor Haslam has publicly stated, as reported in the News-Sentinel,

"If the Legislature passed it and brought that to me, I said I would sign it."

The time has come for gun owners to contact their legislators, get a companion bill in the House, and get this passed into law! 


The bill and related current law are 'mixed' below. Color coding has been added for help.

SENATE BILL 397  - - By  Campfield 

SECTION 1.  Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by adding the following language as a new section thereto: 
39-17-1313.  Any resident of Tennessee who is a United States citizen or permanent lawful resident, as defined by § 55-50-102, who has reached twenty-one (21) years of age, and who is not prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1316 or § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, may carry a firearm in this state except as otherwise prohibited by law.  


SECTION 2.  Tennessee Code Annotated, Section 39-17-1307, is amended by deleting subdivision (a)(1) in its entirety and by substituting instead the following:
39-17-1307. Unlawful carrying or possession of a weapon. —
(a)  (1)  A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4²), or a club.
(a)(1) A person commits an offense who carries a weapon, openly or concealed, [with the intent or avowed purpose of injuring a fellow man.]  [bracketed text is identical to Vermont 13-1-85-4003]


SECTION 3.  Tennessee Code Annotated, Section 39-17-1307(a)(2), is amended by deleting subdivision (C) in its entirety: C)  A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.


SECTION 4.  Tennessee Code Annotated, Section 39-17-1307, is further amended by deleting subsection (e) in its entirety and by substituting instead the following:
(e)  (1)  It is an exception to the application of subsection (a) that a person authorized to carry a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber. However, the person does not violate this section by inserting ammunition into the chamber if the ammunition is inserted for purposes of justifiable self-defense pursuant to § 39-11-611 or § 39-11-612.
    (2)  It is an exception to the application of subsection (a) that a person who is not authorized to possess a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber or cylinder, and no clip or magazine containing ammunition is inserted in the rifle or shotgun or is in close proximity to both the weapon and any person.
 (e) A person who is under the age of twenty-one (21) may transport a rifle or shotgun in or on a privately-owned motor vehicle if the rifle or shotgun does not have ammunition in the chamber or cylinder, and no clip or magazine containing ammunition  is inserted in the rifle or shotgun or is in close proximity to both the weapon and any person.

SECTION 5.  Tennessee Code Annotated, Section 39-17-1307, is further amended by adding a new subdivision thereto, as follows:
(g)  A person commits an offense who, when contacted by a law enforcement officer fails to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon.  A violation of this subsection (g) is a Class C misdemeanor.

SECTION 6.  Tennessee Code Annotated, Section 39-17-1311(a), is amended by deleting the language "any weapon prohibited" and by substituting instead the language "any firearm or any weapon prohibited." 

39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. —
(a)  It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited. "any firearm or any weapon prohibited." by § 39-17-1302(a), 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, or instrumentality thereof, for recreational purposes.

SECTION 7.  Tennessee Code Annotated, Section 39-17-1311(d), is amended in the first sentence by deleting the language "pursuant to § 39-17-1351."
(d)  Notwithstanding subdivision (b)(1)(H), any municipality or county may prohibit, by resolution adopted by a majority vote of its legislative body, persons authorized to carry a handgun pursuant to § 39-17-1351, from possessing the handgun while within or on a public park that is owned or operated by a county, a municipality or instrumentality thereof. If a legislative body elects to prohibit the possession of handguns within a park, the prohibition shall apply to the entire park, notwithstanding subdivision (b)(1)(H). If the area is jointly owned or operated by municipalities or counties, then a resolution adopted by a majority vote of all affected legislative bodies, voting individually, is necessary for the municipalities or counties to prohibit persons authorized to carry a handgun pursuant to § 39-17-1351 from possessing the handgun while within the park.

SECTION 8.  Tennessee Code Annotated, Section 39-17-1311(e)(2), is amended by deleting the language "pursuant to § 39-17-1351."
    (2)  If a municipality or county elects to prohibit persons authorized to carry a handgun pursuant to § 39-17-1351 from possessing the handgun while within or on a public park, it shall display in prominent locations the sign authorized by subdivision (c)(1), to give notice that handguns are not permitted in the park.

SECTION 9.  Tennessee Code Annotated, Section 39-17-1321, is amended by deleting subsection (a) in its entirety and by substituting instead the following:
39-17-1321. Possession of handgun while under influence — Penalty. —
(a)  Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance.
(a) It is an offense for a person to possess a firearm while under the influence of alcohol or any controlled substance.

SECTION 10.  Tennessee Code Annotated, Section 39-17-1351(b), is amended by adding the following language to the end thereto:
(b)  Except as provided in subsection (r), any resident of Tennessee who is a United States citizen or permanent lawful resident, as defined by § 55-50-102, who has reached twenty-one (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 pursuant to § 39-17-1316 or § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, the department shall issue a permit to the applicant.
A handgun carry permit is not required to carry a handgun in this state if a person meets the requirements of § 39-17-1313.  A resident of this state with a handgun carry permit issued pursuant to this section may carry a handgun in any other state with which this state has entered into an agreement of reciprocity for handgun permits.

SECTION 11.  Tennessee Code Annotated, Section 39-17-1351, is amended by deleting subsection (n) in its entirety and by substituting instead the following:
(n)  (1)  Except as provided in subdivision (n)(2), a permit issued pursuant to this section shall be good for four (4) years and shall entitle the permit holder to carry any handgun or handguns that the permit holder legally owns or possesses. The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer.
    (2)  A Tennessee permit issued pursuant to this section to a person who is in or who enters into the United States armed forces shall continue in effect for so long as the person's service continues and the person is stationed outside this state, notwithstanding the fact that the person may be temporarily in this state on furlough, leave, or delay en route, and for a period not to exceed sixty (60) days following the date on which the person is honorably discharged or separated from service or returns to this state on reassignment to a duty station in this state, unless the permit is sooner suspended, cancelled or revoked for cause as provided by law. The permit is valid only when in the immediate possession of the permit holder and the permit holder has in the holder's immediate possession the holder's discharge or separation papers, if the permit holder has been discharged or separated from the service.
(n) Unless suspended or revoked, a permit issued pursuant to this section shall not expire and shall entitle the permit holder to carry any handgun or handguns that the permit holder legally owns or possesses.  A permit shall be evidenced by an endorsement on a driver license as provided by § 55-50-302.  The permit holder shall have such permit holder's driver license with the permit endorsement in the holder's immediate possession at all times when carrying a handgun and shall display the permit on demand of a law enforcement officer.

SECTION 12.  Tennessee Code Annotated, Section 39-17-1351, is amended by deleting subsection (o) in its entirety and by substituting instead the following:
(o)  The permit shall be issued on a wallet-sized laminated card of the same approximate size as is used by the state of Tennessee for driver licenses and shall contain only the following information concerning the permit holder:
(1)  The permit holder's name, address and date of birth;
(2)  A description of the permit holder by sex, height, weight and eye color;
(3)  A color photograph of the permit holder; and
(4)  The permit number and expiration date.  
(o) The permit shall be issued as an endorsement on a state of Tennessee driver license.

SECTION 13.  Tennessee Code Annotated, Section 39-17-1351, is amended by deleting subsection (q) in its entirety and by substituting instead the following:
(q)  (1)  Prior to the expiration of a permit, a permit holder may apply to the department for the renewal of the permit by submitting, under oath, a renewal application with a renewal fee of fifty dollars ($50.00). The renewal application shall be on a standard form developed by the department of safety and shall require the applicant to disclose, under oath, the information concerning the applicant as set forth in subsection (c), and shall require the applicant to certify that the applicant still satisfies all the eligibility requirements of this section for the issuance of a permit. In the event the permit expires prior to the department's approval or issuance of notice of denial regarding the renewal application, the permit holder shall be entitled to continue to use the expired permit; provided, however, that the permit holder shall also be required to prove by displaying a receipt for the renewal application fee that the renewal application was delivered to the department prior to the expiration date of the permit.
    (2)  Any person whose handgun carry permit expires and who applies for a renewal of the handgun carry permit within six (6) months from the date of expiration shall only be required to comply with the renewal provisions of subdivision (q)(1). If the renewal application is filed six (6) months or more from the date of expiration, the person shall, for all purposes, be considered a new applicant.
    (3)  If a person whose handgun carry permit remained valid pursuant to subdivision (n)(2) because the person was in the United States armed forces applies for a renewal of the permit within six (6) months of the expiration of the sixty (60) day period following discharge, separation, or return to this state on reassignment to a duty station in this state as provided in subdivision (n)(2), the person shall only be required to comply with the renewal provisions of subdivision (q)(1). If the renewal application is filed six (6) months or more from expiration of the sixty (60) day period following the date of honorable discharge, separation, or return to this state on reassignment to a duty station in this state, the person shall, for all purposes, be considered a new applicant.
(q) A permit holder shall have a firearms permit endorsement placed on the  permit holder's Tennessee driver license when such driver license is issued or renewed.

SECTION 14.  Tennessee Code Annotated, Section 55-50-102, is amended by adding a new subdivision thereto, as follows:
55-50-102 Uniform Classified and Commercial Driver License Act
( ) "Firearms permit endorsement" means a special authorization that permit the holder to carry firearms where such weapons are not otherwise prohibited by law;

SECTION 15.  Tennessee Code Annotated, Section 55-50-302, is amended by adding a new subsection thereto, as follows:
55-50-302. Classes of licenses — Endorsements — Applicability to temporary licenses and permits. 
(h) The department shall issue firearms permit endorsements to those persons who have received a handgun carry permit pursuant to § 39-17-1351.  

SECTION 16. Firearms permit endorsements shall be added to Tennessee driver licenses as they are issued or replaced.  Handgun carry permits issued prior to the effective date of this act shall remain valid until a firearm permit endorsement is placed on the permit holder's driver license.   

SECTION 17.  This act shall take effect July 1, 2011, the public welfare requiring it.

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Disclaimer: The information and ideas presented in this column are provided for informational purposes only. Gun rights, like all other Constitutionally recognized rights, must be exercised responsibly. Firearms, like cars, kitchen knives and life itself all can be dangerous. You should get professional training as part of any plan to use firearms for any purpose. I have made a reasonable, good-faith effort to assure that the content of this column is accurate. I have no control over what you do, and specifically accept no responsibility for anything you do as a result of reading my columns. Any action or lack of action on your part is strictly your responsibility.