Amends TCA Section 39-11-106; Section 39-13-103 and Title 39, Chapter 17, Part 13.

This bill redefines "firearm" and specifically excludes "antique firearms" from the definition of firearm, thereby making statutes that reference "firearm" inapplicable to antique firearms, except as noted below in regard to certain felony offenses. <br /> <br /> This bill specifically includes "antique firearm" in the following two criminal statutes:<br /> <br /> (1) Under present law, reckless endangerment by discharging a firearm into a habitation is a Class C felony, unless the habitation was unoccupied at the time of the offense, in which event it is a Class D felony. This bill specifies that reckless endangerment by discharging a firearm into a habitation includes discharging an antique firearm into a habitation; and<br /> (2) Under present law, it is a Class D felony to possess a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony; or employ a firearm during the commission of a dangerous felony, attempt to commit a dangerous felony, flight or escape from the commission of a dangerous felony, or flight or escape from the attempt to commit a dangerous felony. This bill specifies that the firearm in this statute includes an antique firearm.<br /> <br /> Present law defines "firearm" as any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. This bill redefines "firearm" to mean:<br /> <br /> (1) Any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive;<br /> (2) The frame or receiver of any such weapon;<br /> (3) Any firearm muffler or firearm silencer; or <br /> (4) Any destructive device.<br /> <br /> This bill specifies that a "firearm" does not include an "antique firearm." This bill defines "antique firearm" to mean a firearm manufactured in or before the year 1898, any replica of such a firearm with certain characteristics as detailed in the bill, or any muzzle-loading firearm with certain characteristics as detailed in the bill. This bill excludes from the definition of "antique firearm" (and accordingly such an item will be considered a "firearm") any weapon that incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition.<br /> <br /> This bill defines "destructive device" to mean any explosive, incendiary, or poison gas bomb, missile, or similar device with certain characteristics as detailed in the bill. This bill excludes from the definition of "destructive device" any device that is not likely to be used as a weapon, neither designed nor redesigned for use as a weapon, and surplus ordnance given by the secretary of the Army.<br /> <br /> ON APRIL 18, 2019, THE HOUSE SUBSTITUTED SENATE BILL 594 FOR HOUSE BILL 712, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 594, AS AMENDED.<br /> <br /> AMENDMENT #1 removes this bill's provision that would exclude from the definition of "antique firearm" any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition.<br /> <br /> This amendment also removes this bill's provision that would include in the definition of "destructive device" any type of weapon other than a shotgun or a shotgun shell that is generally recognized as particularly suitable for sporting purposes and which has any barrel with a bore of more than 0.5 inches in diameter.<br /> <br /> This amendment specifies that "destructive device" will not include any antique or rifle that the owner intends to use solely for sporting purposes.<br /> <br />