HB0412112th GA (Historical)Introduced

Amends TCA Title 38 and Title 62, Chapter 35.

Generally under present law, a retired peace officer receiving compensation for services as a guard, patrol, or watchperson under a contract with a private business that is properly licensed by the state, is exempt from the licensing requirements of the Private Protective Services Act if the peace officer:<br /> <br /> (1) Completes the firearms and marksmanship training as required by the Act, which includes completing eight hours of additional classroom training, passing a training examination, and completing four hours of marksmanship training; and<br /> <br /> (2) Has a written directive issued by the executive supervisor of the organization to which the person was attached or employed authorizing the person to carry a handgun. <br /> <br /> This bill replaces the requirements for exemption described above in items (1) and (2) above and with a requirement that to be so exempt the retired officer must be authorized to carry a firearm in the same manner as an active law enforcement officer, pursuant to the present law provision discussed below. <br /> <br /> Present law provides that a retired law enforcement officer acting as an individual, not acting as an employee, agent, or on behalf of a government entity, may utilize one of the following methods to meet the annual requirements to carry a firearm that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent authorized for an active law enforcement officer to carry a firearm of the same type:<br /> <br /> (1) Obtaining a photo identification issued by the agency from which the individual retired from service as a law enforcement officer indicating the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the agency standards for training and qualification for active law enforcement to carry a firearm of the same type as the concealed firearm;<br /> <br /> (2) Meeting the standards established by the Tennessee peace officer standards and training (POST) commission for qualifications for active law enforcement officers to carry a firearm of the same type by qualifying at and obtaining an annual certification directly from the Tennessee POST commission; or<br /> <br /> (3) Upon payment of any customary associated fees, utilize a private shooting range and engage the services of a certified firearms instructor to provide the training and verify that the retired law enforcement officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. The certified firearms instructor may issue a certificate indicating that the law enforcement officer has met the applicable standards. <br /> <br /> ON APRIL 15, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 412, AS AMENDED.<br /> <br /> AMENDMENT #1 revises the exemption requirements so that the retired peace officer will be exempt if the officer fulfills the training and directive requirements of present law (described above in the bill summary) or if the officer is authorized to carry a firearm in the same manner as a law enforcement officer (as described above in the bill summary).<br />

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Overview

Generally under present law, a retired peace officer receiving compensation for services as a guard, patrol, or watchperson under a contract with a private business that is properly licensed by the state, is exempt from the licensing requirements of the Private Protective Services Act if the peace officer:<br /> <br /> (1) Completes the firearms and marksmanship training as required by the Act, which includes completing eight hours of additional classroom training, passing a training examination, and completing four hours of marksmanship training; and<br /> <br /> (2) Has a written directive issued by the executive supervisor of the organization to which the person was attached or employed authorizing the person to carry a handgun. <br /> <br /> This bill replaces the requirements for exemption described above in items (1) and (2) above and with a requirement that to be so exempt the retired officer must be authorized to carry a firearm in the same manner as an active law enforcement officer, pursuant to the present law provision discussed below. <br /> <br /> Present law provides that a retired law enforcement officer acting as an individual, not acting as an employee, agent, or on behalf of a government entity, may utilize one of the following methods to meet the annual requirements to carry a firearm that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent authorized for an active law enforcement officer to carry a firearm of the same type:<br /> <br /> (1) Obtaining a photo identification issued by the agency from which the individual retired from service as a law enforcement officer indicating the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the agency standards for training and qualification for active law enforcement to carry a firearm of the same type as the concealed firearm;<br /> <br /> (2) Meeting the standards established by the Tennessee peace officer standards and training (POST) commission for qualifications for active law enforcement officers to carry a firearm of the same type by qualifying at and obtaining an annual certification directly from the Tennessee POST commission; or<br /> <br /> (3) Upon payment of any customary associated fees, utilize a private shooting range and engage the services of a certified firearms instructor to provide the training and verify that the retired law enforcement officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. The certified firearms instructor may issue a certificate indicating that the law enforcement officer has met the applicable standards. <br /> <br /> ON APRIL 15, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 412, AS AMENDED.<br /> <br /> AMENDMENT #1 revises the exemption requirements so that the retired peace officer will be exempt if the officer fulfills the training and directive requirements of present law (described above in the bill summary) or if the officer is authorized to carry a firearm in the same manner as a law enforcement officer (as described above in the bill summary).<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 26, 2021

Subjects
27151785

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