There are a handful of new laws that will take effect in Tennessee on 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 enumerated “dangerous felonies.” The operational elements of the new TCA 39-17-1324 are the following:

(a) Possession of a firearm with the intent to be armed during the commission or attempt 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. Escape or escape from the commission of a dangerous felony;

4. Escape or escape from the intent 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 carry a mandatory minimum sentence of ten (10) years with no eligibility for release and no option for supervised release. However, the standard Class C offense for a Rank I felon is three (3) to six (6) years. The new law stands on its own at a minimum of ten (10) years, regardless of the offender’s rank (this is not problematic with Rank II offenders, where the rank itself is from 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 jail credit is modified with the new law. In Department of Correction custody, one generally qualifies for “good time,” which is generally getting three days credit against your sentence for every two you serve (standard in Davidson County local custody, which is for sentences of less than six (6) years, that’s two days for every day you serve). The Crooks with Guns law largely eliminates that good time: Similar to the federal sentencing rules, you can complete your sentence no sooner than you have served 85% of it.

However, one aspect of the proposed change in gun laws puzzles me, amend 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 in commission of, attempting to commit, or escaping 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 felon. So, in essence, if you possess a firearm while committing the less 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 matter a damn).

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