HB2350113th GA (Historical)Introduced

Amends TCA Title 39, Chapter 17, Part 13.

ACCESS OR GIFTING FIREARMS - MINORS Present law provides that a person commits a Class A misdemeanor who intentionally, knowingly, or recklessly sells, loans or makes a gift of a firearm to a minor. It is a defense to prosecution if the firearm was loaned or given to a minor for the purposes of hunting, trapping, fishing, camping, sport shooting, or any other lawful sporting activity; and such person is not required to obtain a license. A Class A misdemeanor is generally punishable by a maximum term of imprisonment of 11 months, 29 days, a maximum fine of $2,500, or both. This bill rewrites the provisions above to provide, instead, that a person commits a Class A misdemeanor who knowingly or recklessly: (1) Permits a child under 12 to have access to or possession of, custody of, or use in any manner a firearm, whether loaded or unloaded; or (2) Sells, loans, or makes a gift of a firearm to a minor under 18 or an individual who is ineligible to purchase or possess a firearm. This bill provides that it is a defense to prosecution under this bill if (i) the person had the permission of the child's parent or guardian, and the child is under the supervision of an adult; (ii) the firearm was used for the purpose of hunting, trapping, fishing, camping, sport shooting, or any other lawful sporting activity; and (iii) for a violation of (2) above, such person is not required to obtain a license. CIVIL LIABILITY This bill provides that a person who fails to comply with this bill is civilly liable for any injury or death that is proximately caused by the person's failure, regardless of whether the person was negligent in the failure to comply. INCREASE IN PENALTY Under present law, it is a Class A misdemeanor for a person to intentionally, knowingly or recklessly provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile. This bill increases the penalty to a Class E felony. A Class E felony is generally punishable by a term of imprisonment of not less than one year nor more than six years, and the jury may assess a maximum fine of $3,000. GUN DEALER - REQUIREMENTS BEFORE FIREARM DELIVERED TO PURCHASER Except with respect to transactions between persons licensed as dealers, this bill requires a gun dealer to comply with the following before a firearm is delivered to a purchaser: (1) The purchaser must present to the dealer current identification meeting the requirements under present law; (2) The gun dealer must complete a firearms transaction record and obtain the signature of the purchaser on the record; (3) The gun dealer must request that the Tennessee bureau of investigation (TBI) conduct a criminal history record check on the purchaser and provide certain listed information to the TBI; and (4) The gun dealer must receive a unique approval number for the transfer from the bureau and record the approval number on the firearms transaction record. This bill adds to the above list that the gun dealer must also inform the purchaser in writing of the requirements of this bill and that a violation of such requirements may subject the person to a Class A misdemeanor and civil liability.

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Overview

ACCESS OR GIFTING FIREARMS - MINORS Present law provides that a person commits a Class A misdemeanor who intentionally, knowingly, or recklessly sells, loans or makes a gift of a firearm to a minor. It is a defense to prosecution if the firearm was loaned or given to a minor for the purposes of hunting, trapping, fishing, camping, sport shooting, or any other lawful sporting activity; and such person is not required to obtain a license. A Class A misdemeanor is generally punishable by a maximum term of imprisonment of 11 months, 29 days, a maximum fine of $2,500, or both. This bill rewrites the provisions above to provide, instead, that a person commits a Class A misdemeanor who knowingly or recklessly: (1) Permits a child under 12 to have access to or possession of, custody of, or use in any manner a firearm, whether loaded or unloaded; or (2) Sells, loans, or makes a gift of a firearm to a minor under 18 or an individual who is ineligible to purchase or possess a firearm. This bill provides that it is a defense to prosecution under this bill if (i) the person had the permission of the child's parent or guardian, and the child is under the supervision of an adult; (ii) the firearm was used for the purpose of hunting, trapping, fishing, camping, sport shooting, or any other lawful sporting activity; and (iii) for a violation of (2) above, such person is not required to obtain a license. CIVIL LIABILITY This bill provides that a person who fails to comply with this bill is civilly liable for any injury or death that is proximately caused by the person's failure, regardless of whether the person was negligent in the failure to comply. INCREASE IN PENALTY Under present law, it is a Class A misdemeanor for a person to intentionally, knowingly or recklessly provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile. This bill increases the penalty to a Class E felony. A Class E felony is generally punishable by a term of imprisonment of not less than one year nor more than six years, and the jury may assess a maximum fine of $3,000. GUN DEALER - REQUIREMENTS BEFORE FIREARM DELIVERED TO PURCHASER Except with respect to transactions between persons licensed as dealers, this bill requires a gun dealer to comply with the following before a firearm is delivered to a purchaser: (1) The purchaser must present to the dealer current identification meeting the requirements under present law; (2) The gun dealer must complete a firearms transaction record and obtain the signature of the purchaser on the record; (3) The gun dealer must request that the Tennessee bureau of investigation (TBI) conduct a criminal history record check on the purchaser and provide certain listed information to the TBI; and (4) The gun dealer must receive a unique approval number for the transfer from the bureau and record the approval number on the firearms transaction record. This bill adds to the above list that the gun dealer must also inform the purchaser in writing of the requirements of this bill and that a violation of such requirements may subject the person to a Class A misdemeanor and civil liability.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2024

Subjects
178512100750

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