Tennessee: Joe Carr speaks about HB0042

[Alael]

http://www.youtube.com/watch?v=ihEHy-UP ... e=youtu.be

[bakerjw]

Here is a link to the bill.

http://wapp.capitol.tn.gov/apps/billinf ... 042&ga=108

The bill itself. I fully expect this to get passed and signed in a very timely manner.

HB 0042 by *Carr J.

Firearms and Ammunition - As introduced, prohibits the enforcement and prosecution of certain federal law implemented or executed on or after January 1, 2013, concerning certain firearms, firearm accessories or ammunition. - Amends TCA Title 4; Title 7; Title 8; Title 38; Title 39; Title 41; Title 49 and Title 62.
Fiscal Summary

Bill Summary

This bill prohibits any public employee, public official, or firearms dealer from enforcing or attempting to enforce any federal law, statute, rule, regulation, or executive order implemented or executed on or after January 1, 2013, within the borders of Tennessee if the law, statute, rule, regulation, or executive order attempts to:

(1) Ban or restrict ownership of a semi automatic firearm, firearm accessory, or ammunition; or
(2) Require any firearm, firearm accessory, or ammunition to be registered in any manner.

Under this bill, any federal agent or employee enforces or attempts to enforce any federal law, statute, rule, regulation, or executive order as described in (1) and (2) upon a firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in this state and that remains exclusively within the borders of this state will be guilty of a Class A misdemeanor, punishable by up to 11 months and 29 days incarceration and a fine of up to $2,500.

This bill requires the attorney general to defend a citizen of Tennessee who is prosecuted by the federal government for a violation of federal law, statute, rule, regulation, or executive order as described in (1) and (2).

[bakerjw]

After reading through the bill I started to get pissed. A Class A misdemeanor is 1 day less than a year in prison and up to a $2,500.00 fine. That would be the penalty for arresting someone with a high capacity magazine were they to be banned. If the federal government bans high capacity magazines, what do you think the penalty would be for having one in your possession?

Letters to my state rep and sen are already in the mail.

[doubloon]

"owned or manufactured"

Does that mean if it's manufactured out of state but you own it in the state and don't take it out of the state you're OK?

I need to read this later when I have more time to digest the "English">

[bakerjw]

One thing that it does is protect firearms manufactured in the state. I think. Silencers were included in the TFFA that was passed and signed into law in 2010,

IMHO. Having a law like this with a limp dick penalty like a misdemeanor is worthless. I told Rep. Carr that the penalty needs to be at least severe as the penalty that they would be enforcing. If they pass a magazine ban and the penalty is a felony with 5 to 10 in prison, then the penalty for enforcing that in the state should also be a felony with similar terms.

If it is only a misdemeanor, then why even pass it.

[johndoe3]

11 months and 29 days as the maximum penalty has significantly different consequences than a year and a day, even though the sentence difference is only 2-3 days. Conviction of a year and a day incarceration means all gun ownership rights are forfeited for that person's entire lifetime according to Federal law. There might be some additional legal consequences for a sentence of a year and a day or more. If they bumped the sentence to a year and a day, they could still call it a misdemeanor and greatly increase its harshness (the convicted Federal agent would never be able to work in law enforcement again, or even as an armed guard or armed contractor).

[bakerjw]

Tennessee law has defined the Class A misdemeanor as the most severe. I did look them up online under t.c.a 40-35-111.

My point is that if they are trying to protect us from an agency, why not make the agents face the same levels of penalties that any of us would also face. If the ATF tech branch gets a hold of ones rifle and gets it to slamfire, that person would be in possession of an unlicensed fully automatic weapon. What is the penalty for that? I would suspect that it is not a misdemeanor. That person would likely lose all gun and voting rights.

[doubloon]

I agree with the sentiment that what seems like a lesser penalty in retaliation for trying to enforce something with more serious consequences seems out of balance. I was looking for something more insidious in the bill with regard to leaving citizens hung out to dry on some strange technicality.

With regard to the lesser penalty for rogue federal actions I have to wonder if there are any more meaningful ripples from that stone. Could such an arrest result in significant repercussions for the agent or the agency? Review? Suspension? Termination? Or does this just amount to a token gesture on the part of TN legislature?

[bakerjw]

I call it "token" unless I hear any compelling reason.

If you're going to make a statement, make a statement.

[bakerjw]

I reread the Wyoming bill this morning. legisweb.state.wy.us/2013/Introduced/HB0104.pdf
The misdemeanors were struck and felony added in their place.

Missouri's FPA is a misdemeanor for state officials but a felony for federal.

[stengun]

Howdy,

Even if it passes and is made into Law it will be worth less than used toilet paper.

Paul

[bakerjw]

Any time that the federal government bitch slaps a state regarding legally passed legislation, that state gets pushed ever closer to either standing up for itself or cowering down in fear of the big bad federal rulers.

If and when that happens, how we respond as citizens is critical. I, for one, say that we need to be vocal and ask if we're going to take it. Over the last week and a half I've been in contact with many of my states representatives and senators and there is a strong feeling of resentment against the tactics used by those in Washington D.C. We can either sit by the sidelines or be heard by those who represent us in our state.

IMHO federal representation is a lost cause. To turn it around takes a state.