HB1601112th GA (Historical)Introduced

Amends TCA Title 38, Chapter 8 and Title 39, Chapter 17.

This bill deletes the present law provision whereby the POST commission determines a retired officer's eligibility to carry a firearm under federal law. The following apply under that present law provision: (1) The applicant must submit an application and two full sets of classifiable fingerprints and present photo identification at the time the application is submitted; (2) The POST commission forwards both sets of fingerprints to the TBI for purposes of the TBI conducting any computer search available to the bureau based solely upon the applicant's name, date of birth and social security number to determine the applicant's eligibility for a permit; and a criminal history record check. The TBI will forward one set of the fingerprints to the FBI for purposes of a federal criminal history record check based upon the fingerprints; and (3) The POST commission denies a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI or from other information that the applicant is not eligible to carry a firearm under federal law. It should be noted that a separate provision of present law (TCA 39-17-1315) authorizes a retired law enforcement officer to carry a handgun at all times pursuant to a written directive by the executive supervisor of the organization to which the person is or was attached or employed, regardless of the person's regular duty hours or assignments, so long as the retired officer who is bonded and who, at the time of receiving the written directive, has successfully completed and, except for a law enforcement officer who has retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired, continues to successfully complete on an annual basis a firearm training program of at least eight hours duration.

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Overview

This bill deletes the present law provision whereby the POST commission determines a retired officer's eligibility to carry a firearm under federal law. The following apply under that present law provision: (1) The applicant must submit an application and two full sets of classifiable fingerprints and present photo identification at the time the application is submitted; (2) The POST commission forwards both sets of fingerprints to the TBI for purposes of the TBI conducting any computer search available to the bureau based solely upon the applicant's name, date of birth and social security number to determine the applicant's eligibility for a permit; and a criminal history record check. The TBI will forward one set of the fingerprints to the FBI for purposes of a federal criminal history record check based upon the fingerprints; and (3) The POST commission denies a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI or from other information that the applicant is not eligible to carry a firearm under federal law. It should be noted that a separate provision of present law (TCA 39-17-1315) authorizes a retired law enforcement officer to carry a handgun at all times pursuant to a written directive by the executive supervisor of the organization to which the person is or was attached or employed, regardless of the person's regular duty hours or assignments, so long as the retired officer who is bonded and who, at the time of receiving the written directive, has successfully completed and, except for a law enforcement officer who has retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired, continues to successfully complete on an annual basis a firearm training program of at least eight hours duration.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 24, 2021

Subjects
21271785

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