There are a handful of new laws that will go into effect in Tennessee beginning January 1, 2008. Always the most interesting thing for me, considering what I do on a daily basis, are the new criminal statutes. The Crooks with Guns Act, as it has been titled, dramatically increases the penalties for gun-related offenses associated with the commission of certain listed “dangerous felonies.” The operating elements of the new TCA 39-17-1324 are as follows:

(a) Possession of a firearm with the intent to be armed while committing or attempting to commit a dangerous felony

(b) Possession of a firearm during

1. the commission of a dangerous felony;

2. an attempt to commit a dangerous felony;

3. flight or escape from the commission of a dangerous felony;

4. escape or escape from the attempt to commit a dangerous felony.

The teeth are in the sentence. If the defendant has a prior felony conviction, the law creates a new felony class, essentially a “Super C Class” and a “Super D Class.” Violations of subsection (b) are considered a Class C felony, but require a mandatory minimum sentence of ten (10) years with no eligibility for release and no option for supervised release. However, the standard Class C felony for a Rank I offender is three (3) to six (6) years. The new law stands on its own for a minimum of ten (10) years, regardless of the offender’s rank (this is not an issue with Tier II offenders, where the range itself is six (6) to ten (10). ) years, where the minimum simply becomes the maximum already allowed in the range). A violation of subsection (a) is a Class D felony, with a minimum sentence of five (5) years if the defendant has a prior felony conviction. Without a prior felony conviction, the minimums are six (6) and three (3) years, respectively.

In addition, the credit of the jail is modified with the new law. In Department of Correction custody, one generally qualifies for “good time,” which is generally three days credit against your sentence for every two you serve (standard in Davidson County local custody, which is for sentences of less six (6) years, that’s two days for every day you serve). The Crooks with Guns Act largely eliminates that good time: Similar to federal sentencing rules, you can complete your sentence no sooner than you’ve served 85% of it.

However, one aspect of the proposed change to the gun laws puzzles me, amending TCA 39-17-1307, possessing a deadly weapon that is not a firearm in the commission of a “dangerous crime” as listed in the law Crooks with Guns. it’s a standard Class E felony. That part makes sense and would apply to knives, pool cues, baseball bats, etc. However, possessing a firearm on commission, attempting to commit or escape from a non-dangerous “offense” (note, not a felony) is a Class E felony. A Class E felony carries a sentence of one (1) to two (2) years for a Rank I offender. So, in essence, if you possess a firearm while committing the least serious misdemeanor, you could face a felony conviction (think Driving with a License suspended due to unpaid fines or Criminal Trespass, both Class C misdemeanors, and the way it is written, possessing a valid concealed carry permit wouldn’t give a damn).

To me, this part appears to be an overreach of the law and would operate completely outside the spirit of the Crooks with Guns law. Hopefully the amended wording won’t apply that way, but with the way the legislature wrote it, my reading certainly confirms that the new law would allow it.