Tennessee House Democrat Caleb Hemmer filed HB1233 which is another gun control bill. Although the bill appeared dead when it was taken “off notice” in the House Criminal Practices Subcommittee on April 4, 2023, a news report since then indicate that House Republican Caucus Leader Jeremy Faison may be attempting to work with Rep Hemmer to revise and revive the bill apparently with the purpose of criminalizing the choice of an individual on how to store or secure his or her firearm.
Rep. Hemmer’s original bill seeks to make it a crime for someone otherwise lawfully in possession of a firearm to leave it unattended in a “motor vehicle or boat” unless it is “locked within the trunk, utility or glove box, or a locked container that is securely affixed” to the vehicle. As filed, the bill provided that the criminal offense for failing to secure the firearm in the “motor vehicle” (which might for example include a houseboat or recreational vehicle). The language of the bill suggested that the court could only order a person to take a “court-approved firearm safety course”. Of course, a “blue” court in Nashville or Memphis could approve only a few, very expensive courses whereas a court in rural, “red” Tennessee might do something much more affordable.
Although the bill does say that the court could not impose a fine or incarceration as punishment, it says nothing about what is likely several hundred dollars in court costs or even potentially legal expenses. The bill also says nothing about Tennessee’s mandatory gun forfeiture statute. It is also silent on whether this criminal offense would be automatically expunged or whether it would remain on the person’s public criminal history records.
Another part of the bill as filed provides that it would be a crime for a firearms owner to fail to report the loss or theft of a firearm to a law enforcement agency within 24 hours of the discovery of the theft or loss. Of course, if the situation involved a theft of an “unsecured” firearm from a boat or motor vehicle, then the proposed bill seems to create a potentially punishable criminal act – failure to report the theft of an unsecured firearm from a motor vehicle or boat – that the Fifth Amendment might provide absolute immunity from reporting.
According to the news report House Republican Caucus Leader Faison “said he will be working on an idea initially sponsored by Democratic Rep. Caleb Hemmer that would make it illegal to leave weapons loose in vehicles and boats. Faison’s support or sponsorship would give the effort a much better chance of passage in the Republican-controlled body.”
The report quotes Rep. Faison saying “(I) would like to see, if you leave your car in a public spot, you should lock (a weapon) in your glove box” which strongly suggests that Rep. Faison is supportive and interested in passing a gun control measure that criminalizes gun owners and attempts to regulate their choices about a) when and how to store their items of personal property and b) when and whether to report the loss or theft of a firearm (even if doing so might require the person to give evidence to law enforcement of the commission of a “storage crime.”
The Tennessee Legislature’s website shows the current status of House Bill 1233. That page shows that Rep. Jeremy Faison is a co-sponsor of the Democrat sponsored legislation as it presently exists. Other co-sponsors on the House Bill are listed as
Mark White (R)
Sam Whitson (R)
Darren Jernigan (D)
John Ray Clemmons (D)
Bill Beck (D)
Bo Mitchell (D)
Harold Love (D)
Joe Towns (D)
John Gillespie (R)
Gloria Johnson (D)
G.A. Hardaway (D)
Jason Powelll (D)
Representative Faison is frequently heard promoting his support of the Second Amendment. For example, here is a video he released on Facebook following the passage of what he has referred to as “constitutional carry” in 2021:
He also championed the same law but this time more accurately referring to it as both “constitutional carry” and as a “permitless carry bill” (although it applied to handguns not rifles):
In fairness, it is not clear what Rep. Jeremy Faison plans to do by working with Democrat Rep. Caleb Hemmer on the pending gun control bill beyond the intent that is reflected in the reported comments this week where he indicates that he is interested in making it a criminal offense in Tennessee for a gun owner to not adequately secure a firearm in a motor vehicle or boat.
You can reach Republican Caucus Leader Jeremy Faison at:
425 Rep. John Lewis Way N.
Suite 604 Cordell Hull Bldg.
Nashville, TN 37243
Phone: (615) 741-6871
Fax: (615) 253-0225
rep.jeremy.faison@capitol.tn.gov
You can reach Democrat Caleb Hemmer at:
425 Rep. John Lewis Way N.
Suite 412 Cordell Hull Bldg.
Nashville, TN 37243
Phone: (615) 741-2035
Fax: (615) 253-0290
rep.caleb.hemmer@capitol.tn.gov
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