HOUSE BILL 2524
By Sexton J
AN ACT to amend Tennessee Code Annotated, Title 39,
relative to weapons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Second Amendment Simplification Act of 2022."
SECTION 2. Tennessee Code Annotated, Section 39-17-1307, is amended by deleting the section and substituting instead:
(a)
(1) A person commits an offense who possesses a firearm and:
(A) Has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving the use of a deadly weapon;
(B) Has been convicted of a felony drug offense;
(C) Has been convicted of any other felony;
(D) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction; or
(E) Is, at the time of the possession, subject to an order of
protection that fully complies with 18 U.S.C. § 922(g)(8).
(2) An offense under subdivision (a)(1)(A) is a Class B felony.
(3) An offense under subdivision (a)(1)(B) is a Class C felony.
(4) An offense under subdivision (a)(1)(C) is a Class E felony.
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(5) An offense under subdivision (a)(1)(D) or (a)(1)(E) is a Class A
misdemeanor.
(b) It is an exception to subsection (a)(1) that:
(1) The person has been pardoned for the offense;
(2) The conviction has been expunged or otherwise set aside;
(3) The person's civil rights have been restored pursuant to title 40,
chapter 29;
(4) The person has been granted relief of disabilities relative to firearms under 18 U.S.C. § 925;
(5) The person has been granted relief of disabilities relative to firearms under the applicable law of another state relative to a conviction arising in that state; or
(6) The person has been granted a relief of disabilities relative to firearms under federal law relative to a conviction arising under federal law.
(c) If a person is licensed as a federal firearms dealer, is identified as a responsible party under a federal firearms license, or is employed by a federal firearms dealer, the determination of whether such an individual possesses firearms that constitute the business assets or inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations, official letters,
rulings, and publications of the bureau of alcohol, tobacco, firearms and explosives.
(d) A person does not possess a firearm, including, but not limited to, a firearm registered under the National Firearms Act (26 U.S.C. § 5801 et seq.), if the firearm is in
a safe or similar container that is securely locked and to which the person does not have the combination, keys, or other means of normal access.
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SECTION 3. Tennessee Code Annotated, Section 39-17-1308, is amended by deleting the section in its entirety.
SECTION 4. Tennessee Code Annotated, Section 39-17-1311, is amended by deleting the section in its entirety.
SECTION 5. Tennessee Code Annotated, Section 39-17-1313(a), is amended by
deleting the language "or who lawfully carries a handgun pursuant to § 39-17-1307(g)".
SECTION 6. If any provision of this act or its application to any person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 7. This act takes effect July 1, 2022, the public welfare requiring it.
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Statutes affected:
Introduced: 39-17-1307, 39-17-1308, 39-17-1311, 39-17-1313(a), 39-17-1313
Current Version: 39-17-1307, 39-17-1308, 39-17-1311, 39-17-1313(a), 39-17-1313