Present law generally provides that a person commits an offense who carries, with the intent to go armed, a firearm or a club. A first violation is generally a Class C misdemeanor, and, in addition to possible imprisonment, may be punished by a fine not to exceed $500. A second or subsequent violation is generally a Class B misdemeanor. However, a violation is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one or more persons were present. Present law exempts a person from prosecution under the above offense when the person is carrying, whether openly or concealed, a handgun and the person meets all of the following criteria: The person is at least 21; or is at least 18 and (i) is an honorably discharged or retired veteran of the United States armed forces; (ii) 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 (iii) is a member of the United States 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. The person lawfully possesses the handgun. The person is in a place where the person is lawfully present. This bill removes such exemption.
Statutes affected: Introduced: 39-17-1307, 39-17-1313(a), 39-17-1313