Tennessee Senate Bill SB1785

Tennessee 2023-2024 Regular Session

• Introduced: 1/22/24
• Failed: 3/26/24

Caption

AN ACT to amend Tennessee Code Annotated, Section 39-13-103, relative to the offense of reckless endangerment.

Impact

This bill, if enacted, is expected to significantly impact state laws regarding firearm storage and child safety in Tennessee. By introducing felony charges for failing to secure firearms, the law seeks to deter negligence that could lead to tragic incidents involving children. It reflects an effort to address gun safety more rigorously and could potentially lead to a decline in shootings involving children. The law takes effect on July 1, 2024, aiming to create a safer environment for children in homes with firearms.

Summary

Senate Bill 1785, also known as 'MaKayla's Law', amends Tennessee Code Annotated, Section 39-13-103, to establish specific criminal penalties for reckless endangerment involving firearms and children. The bill stipulates that if a person fails to secure a firearm and it is subsequently obtained by a child under the age of thirteen who discharges the weapon, resulting in injury or death, the offense will be categorized as a Class E felony or Class C felony, depending on the outcome of the discharge. This legislative change aims to enhance accountability for firearm owners when children have access to unsecured firearms.

Sentiment

The general sentiment surrounding SB1785 appears to be supportive among advocates for child safety and gun regulation. Proponents argue that holding firearm owners accountable for proper storage can prevent avoidable accidents, stressing the importance of protecting children from unsecured firearms. Conversely, there might be apprehensions from gun rights advocates who could view the bill as an encroachment on personal freedoms and responsibilities associated with firearm ownership.

Contention

Notable points of contention likely revolve around the implications of classifying the failure to safeguard firearms as a felony. Critics may argue that such classifications could disproportionately impact responsible gun owners while not effectively addressing the underlying issues related to gun violence. The potential for varying interpretations of 'reckless endangerment' and how law enforcement applies this law could also lead to legal disputes and challenges, raising concerns about its enforcement and the implications for personal liability.