HOUSE BILL 554
By Capley
SENATE BILL 819
By Roberts
SB0819
001299
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AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 54, relative to the Tennessee Firearms
Freedom Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 4, Chapter 54, is amended by adding
the following new section:
(a) It is a violation of an individual's civil rights for a government entity, official,
employee, or agent to infringe upon or deny an individual the full exercise and enjoyment
of any right recognized and protected by Article I, Section 26, of the Tennessee
Constitution or any right recognized and protected by the Second Amendment to the
United States Constitution. It is not a violation of this section for a government entity,
official, employee, or agent to enforce laws or regulations within the scope of the entity's,
official's, employee's, or agent's authority unless the law or regulation has been
determined by a court to violate either the Tennessee or United States Constitutions.
(b) A violation of this section may be enforced by means of a civil action, which
may be brought in the county in which the action arose.
(c) A violation of this section by a government official, employee, or agent may
also be punished as official oppression pursuant to § 39-16-403.
(d) A government entity, official, employee, or agent who violates this section is
liable for:
(1) The actual damages caused by the violation or statutory damages of
two hundred fifty dollars ($250) per each day of the violation, whichever is
greater;
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(2) Notwithstanding § 29-39-104, punitive damages to be determined by
the trier of fact; and
(3) Reasonable attorney's fees and court costs.
(e) A government entity, official, employee, or agent who commits an act or
engages in any pattern or practice in violation of this section may be enjoined from
further violations by a court of competent jurisdiction.
(f) An action for an injunction under subsection (e) may be brought by:
(1) A person whose rights have been violated;
(2) An entity that engages in advocacy for the protection and furtherance
of the rights protected by this section; or
(3) Any other person or entity that will fairly and adequately represent the
interests of those whose rights are protected by the state or federal constitutions
as set forth in subsection (a).
(g) A knowing or willful violation of this section by a government official
constitutes grounds for ouster under title 8, chapter 47.
(h) This section does not preclude any person or entity from seeking any
remedies, penalties, or procedures otherwise provided by law.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.