Thu
Feb 24 2011
08:21 am

Bill Nbr: SB0306
Sponsor: Sen. Steve Southerland, R-Morristown
Status:
Next sched. action:

Description:

Handgun Permits - As introduced, exempts handgun carry permit holders from criminal background check requirement when purchasing a firearm. - Amends TCA Title 39.

Decrease State Revenue - $307,000 Decrease State Expenditures - Not Significant

This bill exempts persons who possess a valid handgun carry permit that was issued to them, or renewed, within the immediately preceding five years from the present law requirement that persons purchasing a firearm must undergo a criminal history record check.

Currently, the sale of weapons is restricted per Tennessee Code, Title 39 Criminal Offenses, Chapter 17 Offenses against public health, safety and welfare, Part 13 Weapons.

(a) (1) "sales to persons who have been convicted of the offense of stalking, as prohibited by § 39-17-315, who are addicted to alcohol, who are ineligible to receive firearms under 18 U.S.C. § 922, or who have been judicially committed to a mental institution pursuant to title 33 or adjudicated as a mental defective are prohibited. For purposes of this subdivision (a)(1), the offense of violation of a protective order as prohibited by § 39-13-113 shall be considered a “misdemeanor crime of domestic violence” for purposes of 18 U.S.C. § 921."
...
(d) Upon receipt of a request of the gun dealer for a criminal history record check, the Tennessee bureau of investigation shall immediately, during the gun dealer's telephone call or by return call:
(1) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under the provisions of subdivision (a)(1) from completing the purchase; and

Thus, it would appear that someone with a "valid" handgun carry permit will have five years to purchase guns without further checks to ensure they are not addicted to alcohol, mentally defective, a felon, etc.

Is it possible someone can retain their valid handgun carry permit even if they are convicted of a felony? Retain meaning they say they no longer have it but then once they are free (out of prison or no longer in a mental institution) they pull it out again without law enforcement knowing?

Also, $307,000 may not be significant, but I thought the state was desperate for funds.

More info...

R. Neal's picture

From the fiscal note: "The

From the fiscal note: "The proposed bill does not require gun dealers to verify the validity of handgun carry permits with the Department of Safety (DOS). As a result, there will [be] no fiscal impact to DOS."

Nice!

Tamara Shepherd's picture

*

I'm stumped.

I read both the bill summary and the complete text of the bill (it's brief) to see if possibly some improved communication between gun dealers and these various state agencies (DOS, etc.) now communicates to gun dealers, as a matter of course, info of the sort a criminal background check has previously provided them.

So far, I'm not seeing that gun dealers will be automatically provided with info of this sort by some device other than the criminal background check that's always provided it.

So far, it's looking to me like the bill's sponsors just don't care whether gun dealers have info of this sort.

So I'm stumped.

("The public welfare requiring it?" That's rich.)

DLW 's picture

SB 306

Passage of this bill will save the TBI countless man/woman hours. In order not to loose $$$, charge the HCP holder the same as everyone else. Just call it a Handgun Purchase Fee.

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