Date: Tue, 14 Jun 1994 21:51:28 -0400 From: alerts@gatekeeper.nra.org (NRA Alerts) To: best-rkba@mainstream.com Subject: Text of Tennessee Concealed Carry Law June 14, 1994 Tennessee: ILA State & Local has had numerous requests for copies of Tennessee's new concealed carry law, so here it comes: State of Tennessee Senate Bill No. 2182 By Cohen, Person, Holcomb, Crowe, Wright, Jordan, Patten, Hamilton Substituted for House Bill No. 2571 By Herron, Stockburger, Walley, Boyer, Severance, Bittle, McDaniel, Peroulas Draper, Chiles, Wood, Meyer, Haley, Shirley, Ramsey, Hassell, Gunnels, Williams (Union), Liles, Joyce, Ferguson, West, Bell, Winningham, Whitson, Pinion, Mires, Thompson, Callicott, Haun, Johnson, Lewis. AN ACT To amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to weapon employed in self-defense. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by adding the following as a new section: Section ___. A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim. SECTION 2. Tennessee Code Annotated, Section 39-17-1315, is amended by deleting from the second sentence of subsection (b)(3) the language "one (1) year" and substituting instead the language "two (2) years". SECTION 3. Tennessee Code Annotated, Section 39-17-1315, is further amended by adding the following new subsection to be appropriately designated: ( ) A handgun permit issued pursuant to this section shall be valid in every county of the state. SECTION 4. Tennessee Code Annotated, Section 39-17-1315, is further amended by deleting the second sentence of subsection (b)(1) and substituting instead the following: The sheriff shall issue such a permit and a written directive to persons not prohibited from purchasing firearms authorizing the person to carry a handgun, provided, that the person meets all the requirements of this section. The sheriff may, for good reason and in the reasonable exercise of discretion, deny a permit. Any party aggrieved under the terms of this act, for either denial or revocation, may file a writ of mandamus, as provided by law. SECTION 5. Tennessee Code Annotated, Section 39-17-1315, is further amended by adding the following new subsection (f): (f) An individual, corporation or business entity is authorized to prohibit the possession of weapons by employees otherwise authorized by this subsection on premises owned, operated or managed by such individual, corporation or business entity. Notice of such prohibition thereunder shall be posted or otherwise noticed to all affected employees. SECTION 6. Tennessee Code Annotated, Section 39-17-1315, is further amended by deleting from he second sentence of subsection (b)(2) the language "state certified training program" and substituting instead the language "state certified training program or equivalent training program approved by the Department of Safety". SECTION 7. Tennessee Code Annotated, Section 39-17-1315, is further amended by adding the following at the end of subsection (b)(1): 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. The holder of any permit shall, within thirty (30) days, notify the sheriff in writing of the permittee's principal place of residence and of any change in the address of the principal place of residence of the permit holder. SECTION 8. Tennessee Code Annotated, Section 39-17-1315, is further amended by deleting the first sentence of subsection (b)(1) and substituting instead the following: In addition to the above individuals authorized to carry handguns by this or any other law of the state, a person wishing to carry a handgun shall apply to the sheriff of the county of such person's principal place of residence for a handgun permit. SECTION 9. Tennessee Code Annotated, Section 39-17-1315, is further amended by adding the following as a new subsection: ( ) An individual, corporation or business entity or government entity or agent thereof is authorized to prohibit possession of weapons by any person otherwise authorized by this subsection, at meeting conducted by, or on premises owned, operated, managed or under control of such individual, corporation, business entity or government entity. Notice of such prohibition shall be posted or announced. SECTION 10. Tennessee Code Annotated, Section 39-17-1315, is further amended by adding the following as a new section: Section 39-17-13__. (a) Notwithstanding whether a person has a permit issued pursuant to Tennessee Code Annotated, Section 39-17-1315, it is an offense for any person to possess a handgun while under the influence of alcohol or any controlled substance. (b) Violation of this section is a Class A misdemeanor. SECTION 11. Tennessee Code Annotated, Section 39-17-1315 is further amended by designating the existing language of subsection (b)(1) as (b)(1)(A) and by adding the following new (b)(2)(B): (B) Upon applying for a handgun permit pursuant to this section, the applicant shall disclose to the sheriff whether the applicant has: (i) Ever been addicted to alcohol or drugs; (ii) Ever been hospitalized or treated for alcohol or drug addiction; (iii) Ever been adjudicated by a court as mentally ill; (iv) Ever been hospitalized for mental illness; or (v) A physical infirmity that would prevent the safe operation or a handgun. If the sheriff determines in his or her sole discretion that the applicant has not fully and accurately disclosed the information required by this subpart or that the applicant has, in the sheriff's opinion, a history of instability or that the applicant, because of mental illness, alcohol or drug problems or physical infirmity, poses a likelihood of risk to the public, such sheriff shall deny the permit application. A sheriff may revoke a permit if it comes to the sheriff's attention that the permit holder no longer meets the requirements for initially obtaining such permit or that the permit holder has been hospitalized because of mental illness or alcohol or drug problems. It is a Class A misdemeanor for an applicant to knowingly provide false information of a material nature to the sheriff either on the application or in any other disclosure required to be made to the sheriff. SECTION 12. Tennessee Code Annotated, Section 39-17-1315, is amended by inserting the following between the sixth and seventh sentences of subsection (b)(2): Regardless of whether the person uses a liability policy or a corporate surety bond, such person must submit to the sheriff proof of renewal of such policy or bond by the date the policy or bond will expire or lapse. SECTION 13. Tennessee Code Annotated, Section 39-17-1315, is amended by inserting the following between the seventh and eighth sentences of subsection (b)(1) as amended by Senate Amendment No.4 adopted on April 20, 1994: For a liability policy or corporate surety bond to comply with the requirements of this section, such policy or bond must be specifically conditioned that such insurance company or corporate surety will pay any damages, up to the policy or bond limits, that may be adjudged against the permit holder as compensation for death or injury to the person or property of another that is proximately caused by the permit holder's negligent use of a handgun. SECTION 14. This act shall take effect on October 1, 1994, the public welfare requiring it. __ >From: MX%"meyers@dg-rtp.dg.com" 23-JAN-1995 10:57:07.13 >Subj: Be Careful What You Wish For, You Might Get It (fwd) >Forwarded by request, from Russ Parker: >-------- > >Dear TAGNet: > >Below is a perfect example of what happens when people get into too much of a >hurry to get a concealed carry bill passed. This is from the CCW pamphlet >distributed by the Anderson County Sheriff's Office (ACSO) in Tennessee. This >is based on the NEW Tennessee CCW law. > > >Policy: It shall be the policy of the ACSO to issue Handgun Permits to citizens >of Anderson County who meet the provisions of the Tenn. Code Annotated, section >39-17-1315 and the Tenn. Dept. of Safety. These Handgun permits shall be issued >using documentation standardized by the Tenn. Sheriff's Association. > >General provisions: >REQUIREMENTS >21 yrs. old >Resident of Anderson County >Proof of age and residency > >APPROVED WEAPONS >Revolvers: 2-4 inch barrel > .38 or .357 caliber > double action >Semis: Barrel less than 5 inches > 9mm, .45ACP, or .40 S&W > Double action capable >Other weapons may be approved by Sheriff. >Must qualify with ALL weapons you intend to carry. >Minimum score of 70% for training and firearm qualification. > >Fees: >Application Processing Fee $100 >Fingerprinting Fee (TBI, FBI) $48 >Handgun Permit cards: $15 >Permit card renewel: $15 (required each year following yearly >requalification and training) >Each additional qualified handgun permit $15. > >The Release for Personal Information gives the ACSO the right to obtain >educational records, financial & credit records, medical and pshychiatric >records including hospitals, clinics, MDs, U.S. Veteran's Administration, >employment records, etc. The applicant also agrees to pay for any and all costs >in obtaining this info. > >The applicant must establish a need to carry a handgun that is in compliance >with Section .01 of these procedures which states Approval of the application, >the _need_ to carry a handgun will be determined by the,applicants official >capacity and occupation as indicated on the application form. > >----------------------------------------- > >Russ Parker - Legislative Chair, North Carolina Rifle & Pistol Association