Amends TCA Section 39-17-1307 and Section 40-7-118.

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 /> (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); however, the law enforcement officer may confiscate the person's ammunition. Under present law, it is an exception to the application of the above-described offenses that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person is not otherwise prohibited from possessing or purchasing a firearm and is in lawful possession of the motor vehicle or boat. In regard to a violation of (1)(B), this bill specifies that if the person's motor vehicle is within the immediate eyesight of the officer and the person and motor vehicle meet with requirements of present law, the officer must instruct the person to place the ammunition in the person's motor vehicle and the officer must verify the person's compliance. If the person refuses to place the ammunition in the person's motor vehicle, the person's motor vehicle is not within the immediate eyesight of the officer, or the person and motor vehicle do not meet the requirements of present law, then the officer must treat the ammunition in the same manner as other confiscated property.<br /> <br />