There are a few new laws that in effect in Tennessee come January 1, 2008. Always interesting to me because what I do on a daily basis, are the new criminal provisions. The Crooks with Guns right when she is entitled, drastically increases the penalties for gun related crimes in connection with the Commission referred to certain "dangerous" crime. "The operative elements of the new TCA 39-17-1324 is as follows:

(a) possesses a firearm with intent to go armed while committing or attempting to commit a dangerous crime

(b) possesses a firearm while

1. Commission of a dangerous criminal;

2. an attempt to commit a dangerous crime;

3. Flight or escape from the Commission, a dangerous criminal;

4. Flight or escape from the attempt to commit a dangerous crime.

The teeth are in the condemnation. If the defendant has a conviction of crime, the law creates a new class of crime, which is essentially a "Super-C class" and a "Super D-Class". Violations of paragraph (b) as a Class C crime, but calling for a mandatory minimum ten (10) year sentence with no release eligibility, and no option for the release of the supervision. However, the standard class C crime for a range I offender to three (3) to six (6) years. The new law is only a minimum of ten (10) years, regardless of the bandwidth of the offender (this is not problematic, with a range II offender, where the selection itself is six (6) to ten (10) years, where the minimum is simply the maximum already in the series). A violation of subsection (a) is a Class D crime punishable with a minimum of five (5) years if the defendant has a prior criminal conviction. Without a prior criminal conviction, the minimum is six (6) and three (3) years.

As well, jail credit is optimized with the new law. In the Department of Correction custody, one rule applies to the "good time", which is usually always accompanied by three days against their sentence for every two they serve (local standard in Davidson County prison, the sentences for the six (6) years, is two days for each day you serve). The Crooks with Guns law largely eliminated such good time - like federal sentencing rules, you can record your not earlier than after 85% of the served.

One aspect of the proposed change in gun laws puzzles me, however, in amending TCA 39-17-1307, possesses a deadly weapon, not a firearm in the Commission for a "dangerous criminal", as defined in the Crooks with Guns Law is a standard Class E crime. That part makes sense, and would apply to knives, pool cues, baseball bats, etc. However, a firearm in the Commission's attempt to commit or flight from a non-dangerous "" offensive "(Note, not Felony) is Class E crime . A Class E crime includes one (1) to two (2) year sentence for a range I offender. So, in essence, if you are in possession of a firearm while committing the least serious offenses, you could be convicted of a crime ( think on a Suspended license because of unpaid tickets, or criminal Trespass, both Class C violations - and the way it is written, which have a valid residence permit concealed the matter is not leaking).

For me, this seems an over-stretching of the law, and operate entirely outside the spirit of the Crooks with Guns law. We hope that the wording be changed not enforced that way, but with the way the legislature wrote it, my reading is certainly confirmed, the new law would not allow.

This article is helpful to the criminal defense lawyer, Nathan Moore, a practicing attorney admitted to the Tennessee Bar, the United States District Court for the Middle District of Tennessee, and the Court of Appeals for the Sixth Circuit. He claims, criminal and blog site http://www.mooredefenselaw.com