HB0042Withdrawn

Amends TCA Title 39 and Title 40.

Under present law, a person commits an offense who carries, with the intent to go armed, a firearm or a club. A first violation is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed $500. A second or subsequent violation is a Class B misdemeanor. A violation is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one or more persons were present.<br /> <br /> This bill revises the above provision to distinguish between the carrying of a handgun and other firearms. Under this bill:<br /> <br /> (1) A person commits an offense who carries with the intent to go armed:<br /> <br /> (A) A firearm, other than a handgun, or a club; or<br /> (B) A handgun without a written directive or a handgun carry permit;<br /> <br /> (2) A violation of (1)(A) will be the same as present law, as described above; and<br /> <br /> (3) A first violation of (1)(B) will be a Class C misdemeanor punishable only by a fine of $250. A second or subsequent violation of (1)(B) will be a Class B misdemeanor, unless the current violation involves the person's carrying of a handgun at a place open to the public where one or more persons were present, in which case the violation will be a Class A misdemeanor. <br /> <br /> Under this bill, upon a first violation of (1)(B) the person will be issued a citation in lieu of arrest, unless the issuance of a citation is prohibited under other law, and a law enforcement officer will not confiscate the person's handgun solely for a violation of (1)(B).<br /> <br />

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Overview

Under present law, a person commits an offense who carries, with the intent to go armed, a firearm or a club. A first violation is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed $500. A second or subsequent violation is a Class B misdemeanor. A violation is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one or more persons were present.<br /> <br /> This bill revises the above provision to distinguish between the carrying of a handgun and other firearms. Under this bill:<br /> <br /> (1) A person commits an offense who carries with the intent to go armed:<br /> <br /> (A) A firearm, other than a handgun, or a club; or<br /> (B) A handgun without a written directive or a handgun carry permit;<br /> <br /> (2) A violation of (1)(A) will be the same as present law, as described above; and<br /> <br /> (3) A first violation of (1)(B) will be a Class C misdemeanor punishable only by a fine of $250. A second or subsequent violation of (1)(B) will be a Class B misdemeanor, unless the current violation involves the person's carrying of a handgun at a place open to the public where one or more persons were present, in which case the violation will be a Class A misdemeanor. <br /> <br /> Under this bill, upon a first violation of (1)(B) the person will be issued a citation in lieu of arrest, unless the issuance of a citation is prohibited under other law, and a law enforcement officer will not confiscate the person's handgun solely for a violation of (1)(B).<br /> <br />

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Sponsor

VanHuss, Micah

Details
Session

111th General Assembly

Introduced

January 11, 2019

Last Action

February 6, 2019

Withdrawn.

Subjects
Firearms and Ammunition

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HB0042: Amends TCA Title 39 and Title 40. | LegisGo