HB1388112th GA (Historical)Introduced

Amends TCA Title 39.

This bill makes various changes to present law concerning unlawful carrying or possession of a weapon, as follows:<br /> <br /> (1) Present law generally makes it a misdemeanor offense, the degree of which can vary depending on whether a person is a repeat offender, the type of weapon involved, and the location of the offense, for a person to carry with the intent to go armed, a firearm or a club. There is an exception for persons in their own motor vehicles or boats. This bill deletes such offense;<br /> <br /> (2) Under present law, a person commits a Class C felony offense who unlawfully possesses a firearm and has been convicted of a felony drug offense. This bill makes it an exception to such offense that the person was pardoned for the felony drug offense, the conviction was expunged, or the person's civil rights have been restored and the offense did not involve the possession, use, or attempted use of a firearm;<br /> <br /> (3) Under present law, it is generally a Class E felony offense for a convicted felon to possess a handgun, unless the person was pardoned, the conviction was expunged, or the person's civil rights have been restored and the restoration order does not specifically prohibit the person from possessing firearms. This bill removes the reference to a restoration order for a person whose civil rights have been restored;<br /> <br /> (4) Under present law, it is a Class E felony offense for a person to possess a deadly weapon with the intent to use it in a crime. If the weapon is a switchblade knife, the maximum fine is doubled from the general maximum fine amount for a Class E felony from $3,000 to $6,000. This bill deletes the enhanced fine for switchblades;<br /> <br /> (5) Under present law, it is a Class A misdemeanor offense for a person who is prohibited from possessing a firearm under any state or federal law to possess a firearm. Present law specifies some of the federal offenses. This bill adds that it is a Class A misdemeanor offense for a person to possess a firearm, if the person has been adjudicated as a mental defective or judicially committed to a mental institution, is illegally or unlawfully in the U.S., has been discharged from the armed forces under dishonorable conditions, or has renounced the person's U.S. citizenship. This bill also makes it an exception to the offense of possession of a firearm by a person convicted of a misdemeanor crime of domestic violence who is still subject to the disabilities of the conviction, if the person was pardoned for the domestic violence offense; and<br /> <br /> (6) This bill deletes various defenses to charges of unlawful carrying of a weapon, none of which are available to persons convicted of violent or drug-related felonies under present law. <br />

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Overview

This bill makes various changes to present law concerning unlawful carrying or possession of a weapon, as follows:<br /> <br /> (1) Present law generally makes it a misdemeanor offense, the degree of which can vary depending on whether a person is a repeat offender, the type of weapon involved, and the location of the offense, for a person to carry with the intent to go armed, a firearm or a club. There is an exception for persons in their own motor vehicles or boats. This bill deletes such offense;<br /> <br /> (2) Under present law, a person commits a Class C felony offense who unlawfully possesses a firearm and has been convicted of a felony drug offense. This bill makes it an exception to such offense that the person was pardoned for the felony drug offense, the conviction was expunged, or the person's civil rights have been restored and the offense did not involve the possession, use, or attempted use of a firearm;<br /> <br /> (3) Under present law, it is generally a Class E felony offense for a convicted felon to possess a handgun, unless the person was pardoned, the conviction was expunged, or the person's civil rights have been restored and the restoration order does not specifically prohibit the person from possessing firearms. This bill removes the reference to a restoration order for a person whose civil rights have been restored;<br /> <br /> (4) Under present law, it is a Class E felony offense for a person to possess a deadly weapon with the intent to use it in a crime. If the weapon is a switchblade knife, the maximum fine is doubled from the general maximum fine amount for a Class E felony from $3,000 to $6,000. This bill deletes the enhanced fine for switchblades;<br /> <br /> (5) Under present law, it is a Class A misdemeanor offense for a person who is prohibited from possessing a firearm under any state or federal law to possess a firearm. Present law specifies some of the federal offenses. This bill adds that it is a Class A misdemeanor offense for a person to possess a firearm, if the person has been adjudicated as a mental defective or judicially committed to a mental institution, is illegally or unlawfully in the U.S., has been discharged from the armed forces under dishonorable conditions, or has renounced the person's U.S. citizenship. This bill also makes it an exception to the offense of possession of a firearm by a person convicted of a misdemeanor crime of domestic violence who is still subject to the disabilities of the conviction, if the person was pardoned for the domestic violence offense; and<br /> <br /> (6) This bill deletes various defenses to charges of unlawful carrying of a weapon, none of which are available to persons convicted of violent or drug-related felonies under present law. <br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 22, 2021

Subjects
1785

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HB1388: Amends TCA Title 39. | LegisGo