Amends TCA Title 4; Title 8; Title 39; Title 45 and Title 47.
FIREARM REGISTRY Present law prohibits a state or local government entity, official, employee, or agent from knowingly creating or maintaining any firearm registry with the intent to record the possession or ownership of a firearm or firearm accessory by individuals or non-governmental entities. A violation of this provision is a Class E felony, which is generally punishable by a term of imprisonment not less than one year nor more than six years, and a jury may assess a maximum fine of $3,000. This bill adds that a registry must not be created by a state or local government entity, official, employee, or agent regarding the possession or ownership of ammunition. This bill also increases the penalty to a Class C felony. A Class C felony is generally punishable by a term of imprisonment not less than three years nor more than 15 years, and a jury may assess a maximum fine of $10,000. MERCHANT CATEGORY CODE This bill prohibits a payment settlement entity, merchant acquiring entity, or third-party settlement organization from assigning a merchant category code to, or a separate classification for, a merchant that is a seller of firearms, ammunition, or firearm accessories separately from general merchandise retailers or sporting goods retailers. Additionally, this bill prohibits an entity involved in facilitating or processing a payment card transaction from assigning to, or requiring a merchant to use, a merchant category code that classifies the merchant as a firearms, ammunition, or firearm accessories retailer or places the merchant in a similar classification. A merchant of firearms, ammunition, or firearm accessories may only be assigned or may use a merchant category code for general merchandise retailers or sporting goods retailers. An agreement or contractual provision to the contrary is void in violation of the public policy of this state. A violation of these provisions constitutes a Class C felony. INVESTIGATIONS - CRIMINAL AND CIVIL This bill requires the district attorney general in the appropriate jurisdiction to investigate complaints of criminal violations of the above provisions and authorizes such district attorney general to initiate an investigation into a violation of the above provisions. Such district attorney general must prosecute violators where the evidence indicates a reasonable likelihood that a violation has occurred. This bill authorizes the attorney general or a district attorney general to investigate alleged violations and, upon finding a violation, bring a civil action seeking a civil penalty not to exceed $100,000 per violation. Each unlawful registration of an individual or non-governmental entity, and each unlawful categorization or classification of a merchant constitutes a separate violation. PUBLIC FUNDS USED IN DEFENSE OF UNLAWFUL CONDUCT Except as required by the sixth amendment to the U.S. Constitution or the Tennessee Constitution, this bill generally prohibits public funds from being used to defend the unlawful conduct of a person or entity charged with a violation of this bill. However, public funds may be expended to provide the services of a public defender or court-appointed mediator or attorney as required by law.
FIREARM REGISTRY Present law prohibits a state or local government entity, official, employee, or agent from knowingly creating or maintaining any firearm registry with the intent to record the possession or ownership of a firearm or firearm accessory by individuals or non-governmental entities. A violation of this provision is a Class E felony, which is generally punishable by a term of imprisonment not less than one year nor more than six years, and a jury may assess a maximum fine of $3,000. This bill adds that a registry must not be created by a state or local government entity, official, employee, or agent regarding the possession or ownership of ammunition. This bill also increases the penalty to a Class C felony. A Class C felony is generally punishable by a term of imprisonment not less than three years nor more than 15 years, and a jury may assess a maximum fine of $10,000. MERCHANT CATEGORY CODE This bill prohibits a payment settlement entity, merchant acquiring entity, or third-party settlement organization from assigning a merchant category code to, or a separate classification for, a merchant that is a seller of firearms, ammunition, or firearm accessories separately from general merchandise retailers or sporting goods retailers. Additionally, this bill prohibits an entity involved in facilitating or processing a payment card transaction from assigning to, or requiring a merchant to use, a merchant category code that classifies the merchant as a firearms, ammunition, or firearm accessories retailer or places the merchant in a similar classification. A merchant of firearms, ammunition, or firearm accessories may only be assigned or may use a merchant category code for general merchandise retailers or sporting goods retailers. An agreement or contractual provision to the contrary is void in violation of the public policy of this state. A violation of these provisions constitutes a Class C felony. INVESTIGATIONS - CRIMINAL AND CIVIL This bill requires the district attorney general in the appropriate jurisdiction to investigate complaints of criminal violations of the above provisions and authorizes such district attorney general to initiate an investigation into a violation of the above provisions. Such district attorney general must prosecute violators where the evidence indicates a reasonable likelihood that a violation has occurred. This bill authorizes the attorney general or a district attorney general to investigate alleged violations and, upon finding a violation, bring a civil action seeking a civil penalty not to exceed $100,000 per violation. Each unlawful registration of an individual or non-governmental entity, and each unlawful categorization or classification of a merchant constitutes a separate violation. PUBLIC FUNDS USED IN DEFENSE OF UNLAWFUL CONDUCT Except as required by the sixth amendment to the U.S. Constitution or the Tennessee Constitution, this bill generally prohibits public funds from being used to defend the unlawful conduct of a person or entity charged with a violation of this bill. However, public funds may be expended to provide the services of a public defender or court-appointed mediator or attorney as required by law.
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