Amends TCA Title 8; Title 10; Title 33; Title 36; Title 38; Title 39; Title 40; Title 49; Title 50 and Title 70.

This bill establishes the Second Amendment Protection Act of 2024 ("act"), as described below. Present law prohibits the public funds of this state, or any political subdivision of this state, from being allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the constitution of Tennessee. This bill additionally prohibits state funds from being allocated to the implementation, regulation, or enforcement of any international law or treaty, administrative order, statute, or ordinance. This bill revises the present law such that no violation is required to prevent the use of public funds as described above. Present law prohibits the allocation of personnel or property of this state to the implementation, regulation, enforcement of any international law or treaty, federal law, executive order, rule, or regulation regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the constitution of Tennessee. This bill prohibits a public office, public officer, or employee of this state or a political subdivision of this state from enforcing, attempting to enforce, or participating in any way in the enforcement of a federal law, executive order, administrative order, rule, statute, ordinance, or regulation regarding firearms, ammunition, or firearm accessories. This bill prohibits a public office, public officer, or employee of this state or a political subdivision of this state acceding to a request from another to give material aid or support to the efforts of the other in the enforcement of or implementation of a federal law, executive order, administrative order, rule, statute, ordinance, or regulation regarding firearms, ammunition, or firearm accessories. This bill establishes that if a public office or political subdivision of this state employs a law enforcement officer knowingly violates this act, then the public office or political subdivision employing the law enforcement officer is liable to the injured party in an action at law and is subject to a civil penalty of $50,000 per occurrence. This bill establishes that a person injured by a violation of this act has standing to pursue an action for injunctive relief in the chancery court of Davidson County with respect to the actions of the law enforcement officer. The court must hold a hearing on the motion for a temporary restraining order and preliminary injunction within 30 days of service of the petition. The court may award the prevailing party, other than this state or a political subdivision of this state, reasonable attorney fees and court costs. This bill establishes that a public office or a political subdivision of this state that knowingly employs an individual who is acting as, or who has previously acted as, an official, agent, employee, or deputy of the federal government, or who is otherwise acting in this state under the color of federal law, is subject to a civil penalty of $50,000 per occurrence if the individual knowingly (i) enforces, attempts to enforce, or participates in any way in the enforcement or implementation of a federal law, executive order, administrative order, rule, statute, ordinance, or regulation regarding firearms, ammunition, or firearm accessories; or (ii) gives material aid or support to the efforts of another in the enforcement or implementation of a federal law, executive order, administrative order, rule, statute, ordinance, or regulation regarding firearms, ammunition, or firearm accessories. This bill establishes that a person residing or conducting business in this state who believes that a law enforcement officer has acted in a manner that violates this act has standing to pursue an action for injunctive relief in the chancery court of Davidson County. The court must hold a hearing on the motion for a temporary restraining order and preliminary injunction within 30 days of service of the petition. In an action pursuant to this provision, the court may award the prevailing party, other than an agency or political subdivision of this state, reasonable attorney fees and court costs. This bill does not prohibit public officers or employees of an agency or political subdivision of this state from the following: (1) Requesting or accepting aid from federal officials for the purpose of (i) referring firearm cases to the federal government for potential federal prosecution if the case involves a crime of violence and the prosecution would involve prosecution of violations substantially similar to weapons-related offenses and the weapons violations are merely ancillary to the federal prosecution; or (ii) participating with federal law enforcement officials to enforce the laws of this state in a nationally integrated ballistic information network investigation or lead, or distributing leads, whether or not through a crime gun intelligence center; or (2) Participating in an inter-jurisdictional task force for the purpose of enforcing laws not related to firearms, firearm accessories, or ammunition. This bill establishes that it is not a violation of the act to provide material aid to (i) federal officials who are in pursuit of a suspect if there is a demonstrable criminal nexus with another state or country and the suspect is not a citizen of this state or is not present in this state; or (ii) federal prosecutions involving the following offenses: (A) Felony crimes against a person when the prosecution includes federal weapons violations substantially similar to those found in state law relative to weapons offenses and the weapons violations are merely ancillary to the prosecution; or (B) Class A or Class B federal felonies that are substantially similar to Class A and Class B felonies in this state if the prosecution includes federal weapons violations substantially similar to those found in state law relative to weapons offenses and the weapons violations are merely ancillary to the prosecution. VIOLATIONS SUBJECT TO REVIEW This bill requires the attorney general and the general assembly to review and investigate a violation of this act by a public office or political subdivision of this state within 10 business days after receiving notice of the reported violation and, if a violation if found, the violation must result in the entity's loss of funding from the state for the fiscal year following the violation. VIOLATIONS BY OFFICIALS This bill establishes that an official who violates this act is subject to ouster under state law relative to public officers, if applicable. EXEMPTED PERSONS This bill does not apply to persons who are not legally present in the United States or this state. WEAPONS OFFENSES Present law establishes that a person commits an offense who carries, with the intent to go armed, a firearm or a club, and describes the according penalties. This bill removes this provision. Present law establishes that a person may carry or possess a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person is not prohibited from possessing or receiving a firearm under federal law, is not prohibited from purchasing a firearm by state law, and is in lawful possession of the motor vehicle or boat. This bill removes this provision. Present law establishes that a person commits an offense who possesses a firearm, has been convicted of a misdemeanor crime of domestic violence and is still subject to the disabilities of such a conviction, and is prohibited from possessing a firearm under any other state or federal law. This bill removes these provisions. Present law establishes that a person does not possess a firearm, including firearms registered under the National Firearms Act, if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access. This bill removes the reference to firearms registered under the National Firearms Act. Present establishes that a person is not considered armed if the person is lawfully carrying, whether openly or concealed, a handgun with the intent to go armed in a place where the person is lawfully present and is (i) at least 21; or (ii) at least 18 and is an honorably discharged or retired veteran of the U.S. armed forces; is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or is a member of the U.S. armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program. This bill removes these provisions. Present law prohibits a juvenile from knowingly possessing a handgun, except as otherwise provided by state law relative to handgun possession. This bill removes this provision and establishes that it is an offense for a juvenile to carry a firearm with the intent to go armed. Present law establishes that illegal possession of a handgun by a juvenile is a delinquent act. This bill revises this provision to, instead, establish that a violation of state law on exceptions to prohibitions on handgun possession by a juvenile is a delinquent act. Present law requires a handgun illegally possessed be confiscated and disposed of. This bill revises this provision to, instead, require firearms that are illegally carried be confiscated and disposed of. Under present law, it is a defense to prosecution under state law relative to handgun possession that a juvenile that the juvenile meets one of the legal exceptions and may carry; this bill changes the references of handguns to firearms. Under present law, the following are offenses: (1) A person intentionally, knowingly or recklessly providing a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile; (2) A parent or guardian intentionally, knowingly or recklessly providing a handgun to a juvenile or permitting a juvenile to possess a handgun, if the parent or guardian knows of a substantial risk that the juvenile will use a handgun to commit a felony; and (3) Unlawfully providing or permitting a juvenile to possess a handgun in violation of (1) above is a Class A misdemeanor. This bill removes (1) and (3) above, and for (2) above changes references to "handguns" to "firearms" and "use a handgun" to "carry a firearm with the intent to go armed." Under present law, a person commits an offense who carries, with the intent to go armed, a firearm and has been (i) convicted of stalking; (ii) convicted of DUI in any state twice or more within 10 years or once within five years; (iii) adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution, or had a court appoint a conservator because of mental defect; or (iv) otherwise prohibited from possessing a firearm under federal law. A violation of this provision is a Class B misdemeanor under present law. This bill lowers the penalty to a Class C misdemeanor. ABILITY TO CARRY BY LAW ENFORCEMENT Present law prohibits a law enforcement officer from carrying a firearm onto school grounds or inside a school building during school hours unless the officer immediately informs the principal that the officer will be present and in possession of a firearm. This bill removes this provision. Present law provides that in Giles County, the law relative to law enforcement officers' permission to carry firearms applies only to law enforcement officers employed by the county or the municipalities within the county. This bill removes this provision and, instead, authorizes a person with a valid firearm permit to carry a handgun in all places within this state in which an off-duty law enforcement officer is permitted to carry a firearm. ABILITY TO CARRY WITH ENHANCED CARRY PERMIT Present law allows a person to apply for an enhanced handgun carry permit at the age of 21, or at 18 based on military service exceptions. This bill allows a person to apply at 18 and removes the military service provisions. ABILITY TO CARRY BY CERTAIN ALIENS Under present law, an alien cannot apply for an enhanced handgun carry permit. This bill authorizes aliens that are not in the United States illegally or unlawfully to apply. ABILITY TO CARRY AFTER CONVICTION OF MISDEMEANOR CRIME OF DOMESTIC VIOLENCE Present law prohibits a person who has been convicted of a misdemeanor crime of domestic violence from applying for an enhanced handgun carry permit. This bill allows such a person to apply. RECIPROCITY WITH OTHER STATES Present law requires that a facially valid handgun permit, firearms permit, weapons permit, or license issued by another state be valid in this state and treated as if it is a handgun permit issue by this state. This bill requires that such a permit or license from another state be treated as if it is a firearm carry permit issued by this state.