unlawful discharge of a firearm tennessee

Under 18 U.S.C. TGO makes no claims, guarantees or assurances regarding any such transactions. For additional information you should consult other official sources such as the Tennessee Department of Safety and Homeland Security. (B) Discharge unlawful. State of Tennessee sued in action seeking to declare the Parks Statute to be unconstitutional, TFA and GOA file amicus brief opposing TWRAs warrantless search practices. Hunting on Private Property . (e) It is an exception to the application of this section that a person authorized to carry a handgun pursuant to 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber. If you are accused of charges that involve a weapon in the state of Tennessee, you need to have a professional and highly experienced legal defense attorney on your side. (f) (1) A person commits an offense who possesses a firearm, as defined in 39-11-106(a), and: (A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. Confiscation and disposition of confiscated weapons.39-17-1318. There are a wide range of weapons offenses in Tennessee, and the laws are complicated. (b)A city, county, town, municipality or metropolitan government is expressly authorized The TGO logos and all content presented on this site may not be reproduced in any form without express written permission. (c) (1) A person commits an offense who possesses a handgun and has been convicted of a felony. If it's your house or you have the owner's permission, you can hunt in the living room. I belong to a local range (CHRPC) and that's where I shoot! I think that the best information will come from talking with Officers of the agency that will respond to the call. Roseburg Police jailed a man for unlawful possession of a firearm and other charges following a traffic stop Monday night. Sec.39-11-601. Unless a relevant municipal ordinance provides otherwise and except as provided in subsections 3 and 4 and sections 12401 and 12402, discharge a firearm . 39-17-1307 (f) (1), a person commits unlawful possession of a weapon if they were: Convicted of a misdemeanor domestic violence offense as defined by federal law, Under a protection order that complies with federal law, or Not allowed to possess a firearm in any other state or prohibited from doing so under federal law But the right to bear arms doesn't mean that everyone may carry a gun when or wherever they like. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or. Plaintiffs ask court to issue preliminary injunction to prohibit the state from enforcement of the parks statute. [Effective January 1, 2008.]39-17-1325. (b) Exceptions.-This section shall not be construed to apply in any manner to:. If you are shooting squirels in your garden and there is a home in the general direction you are shooting, they can shut you down. The language of the code section reads: Tennessees official publisher for Tennessee law is theLexis Law Publishing. Now, even though we were in a safe location, if we looked to be "impaired" or "shooting/acting unsafe", the police can do just about anything they want because after all, you have a gun and they can consider you a threat. The commissioner of safety shall enter into written reciprocity agreements and publish and make available the list of states honoring and not honoring Tennessee permits. The handgun permit law is contained in Sections 39-17-1301 to 39-17-1361 and can be viewed online atthe official state publishers site. As of July 1, 2021, Tennessee is a permit-less carry state . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The laws of Tennessee dictate what kinds of weapons are permissible when they can be carried, as well as how they can be carried. (Code 1960, 6.507) Anchorage: by Sean Holt June 20, 2018 - Updated On November 16, 2022 in Articles, Concealed Carry, General Firearm, Training 0 VIEWS A dangerous offense removes the possibility of probation. Get free summaries of new opinions delivered to your inbox! Judicial review of department determination.39-17-1355. the attempted use of physical force, or. It might be very stringent depending on the circumstances. Concealed handgun carry permit. (3) A violation of this subsection (d) is a Class E felony. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Colt4530 The prosecutor will also charge this as a dangerous offense because a deadly weapon was used in the crime. Criminal Offenses 39-17-1314 - last updated January 01, 2020 Tennessee administration officials reject plain holding of US Supreme Court in Bruen, State of Texas and GOA sue BATF over pistol brace rule where is the State of Tennessee UPDATED. It is a misdemeanor for any person hunting big game with a bow and arrow to be in possession of any firearms or be accompanied in hunting by any person possessing firearms during the archery-only deer season. Section 3. (4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense. (2) Nothing in this subsection (c) shall be construed to prohibit a county, municipality, or metropolitan government from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by such county, municipality, or metropolitan government. TNGunOwners.com (TGO) is a presentation of Enthusiast Productions. It is a defense to providing a firearm to a minor if the person providing the firearm is not a dealer and the. and do not constitute a nuisance per se. Sec. (1) The board of county commissioners of any county in this state may designate, by resolution, areas in the unincorporated territory of such county in which it is unlawful for any person to discharge any firearms, except a duly authorized . Yesterday, January 10th, the Tennessee General Assembly begins the 2023 legislative session. Use of deadly force by a law enforcement officer.39-11-621. It is unlawful to carry a firearm into a judicial proceeding. (c) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon, although no injury results, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. It is unlawful for any person over the age of eighteen, including parent or guardian, to know that a minor or student is in illegal possession of a firearm in or upon the premises of a public or private school, schools athletic stadium, or other facility or building where school sponsored athletic events are conducted, or public park, playground or civic center, and such person, parent or guardian fails to prevent such possession or fails to report it to the appropriate school or law enforcement officials. Sec. 13-3107 - Unlawful discharge of firearms; exceptions; classification; definitions 13-3107. Firearm means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use, including handguns, long guns, and all other weapons which meet the definition except Antique Firearms as defined by Federal law. Current as of January 01, 2020 | Updated by FindLaw Staff. Started May 17, 2022, By 10-102 . 431, 1; 2009, ch. When a firearm or shots are inolved, you better believe most any cop will be nervous and twitchy so you will dictate how they will react by how you present yourself in that situation. New serial numbers for confiscated firearms.39-17-1319. You already receive all suggested Justia Opinion Summary Newsletters. Unlawful Discharge of a Firearm in North Carolina. Out in the country, I'd say it'll "depend". . Its one of those laws that are not clearly defined and if the need arises; reasonable people will decide your fate based on your actions, or based on something or someone getting shot. If he makes an arrest the DA will decide if he wants to prosecute. There is no state permit requirement for the possession of rifles, shotguns, or handguns. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. or metropolitan government shall occupy any part of the field of regulation of the 70-4-108(b) apply to individuals hunting on private property? Commission of certain offenses while wearing a body vest.39-17-1324. Fairfax, VA 22030 1-800-392-8683(VOTE), Click on a State to see the Gun Law Profile, The list and map below are included as a tool to assist you in validating your information. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. A violation of this law is a Class 6 felony that is punishable by up to three years in state prison.. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. STATE CONSTITUTIONAL PROVISION - Article 1, Section 26. (d) (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in 39-17-1324. This may be reproduced. I'd be interested to know if the neighbors of the OP do indeed present a danger, or if he is just nervous because he can hear them shooting? Opinion No. Carrying weapons on school property.39-17-1310. Tennessee may have more current or accurate information. Call for a consultation on your weapons case today and tell us the circumstances that brought you to where you are. [Reserved.]39-17-1350. It is unlawful for any person to sell, loan or give a firearm to a minor. This offense is a Class A misdemeanor and carries a potential sentence of up to one year in jail and fines up to $2,500. The state needs to prove beyond a reasonable doubt that you were impaired or intoxicated, and we will challenge any evidence against you in court. The department is required to take fingerprints and a photograph of the applicant. Justification a defense.39-11-602. . Subject to some exceptions, it is unlawful to sell or transfer a handgun to any person who is intoxicated or who is prohibited from gun ownership under the law. 1176, 1; 2009, ch. The Gun Control Act (GCA), codified at 18 U.S.C. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: By checking this box and clicking "Submit", you agree the phone number you provided above may be used to contact you (including autodialed, pre-recorded calls, artificial voice calls and/or SMS text). Class 2 misdemeanor for unlawfully carrying a concealed weapon and for prohibited use of weapons - Three to 12 months imprisonment, $250 to $5,000 fine. C.G.S. sale of firearms and ammunition to the public are not unreasonably dangerous activities An attorney-client relationship is not formed when you submit the form and you are under no obligation to retain a lawyer who contacts you through this service. The list and map below are included as a tool to assist you in validating your information. Sign up for our free summaries and get the latest delivered directly to you. A person may not: A. Protection of property.39-11-615. May 29, 2012 in Handguns. (d) The provisions of subsections (b) and (c) shall not apply in any litigation brought by an individual against a firearms or ammunition manufacturer, trade association or dealer. person or in the direction of a vehicle he or she knows or reasonably should know to be occupied by a person; (3) Discharges a firearm in the . (a) A person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury. (2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives. Well go over your case, and discuss your options and any available defenses that may apply in your case. Reckless Endangerment with a deadly weapon is a felony and the end of your gun privileges. (b) The general assembly declares that the lawful design, marketing, manufacture and sale of firearms and ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se. (c) (1) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association or dealer by or on behalf of any state entity, county, municipality or metropolitan government for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state. Misdemeanor Penalties (B) Any person who violates the provisions of this section shall be fined not less than $10 or more than $500, and the weapon employed in the violation shall be confiscated. And I have 2 acres! Class C felony. Application for temporary handgun carry permit by person granted order of protection Issuance of permit.39-17-1366. Sec. Therefore, as of July 1, 2021, permitless open and concealed carry is legal for anyone: At least 18 years old or older. A valid handgun permit or license issued in another state shall be valid in this state according to its terms if the person carries a handgun only and the person is in possession of the permit at all times while carrying the handgun. The handgun permit law is contained in Sections 39-17-1301 to 39-17-1361 and can be viewed online at the official state publisher's site . (Acts 1919, No. firearm was loaned or given for the purposes of hunting, trapping, fishing, camping, sport shooting, or other lawful sporting activity. . A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony. Copyright 2023, Thomson Reuters. (A) a handgun; or. 18 U.S.C. Defenses exempt the following: Performance of official duty for law enforcement or military; Activity reasonably related to lawful dramatic performance or scientific research; Display in a public museum or exhibition; When licensed by the State of Tennessee as a manufacturer, importer or dealer in weapons; Acquisition or possession by a person validly registered under the national firearms registration and transfer records. Prohibited weapons.39-17-1303. (b) (1) A person commits an offense who possesses a firearm, as defined in 39-11-106, and: (A) Has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon; or. It is an affirmative defense if carrying on school or college facilities was incident to lawful and authorized hunting, was of an unloaded hunting weapon while traveling to the hunting facilities, was while conducting or attending an approved gun show, or while entering the property for the sole purpose of delivering or picking up passengers. Section 12E: Discharge of a firearm within 500 feet of a dwelling or other building in use; exceptions Section 12E. 720 ILCS 5/24-1.2. Defendants who intentionally fire or attempt to fire a shot with a firearm within an occupied building, vehicle, or enclosure with the intent to incite . Subchapter 4: GENERAL UNLAWFUL ACTS PERTAINING TO HUNTING. Please check official sources. It is a defense for a juvenile possessing a handgun if the person is attending a hunter/firearms safety course; practicing or target shooting at an authorized, established range where the discharge of a firearm is not prohibited; participating in an organized competition or practicing for an firearms event; is accompanied by the minors parent or guardian and instructed in proper handgun use; on real property under control of an adult and has permission from the minors legal guardian; at the juvenile's residence and with the permission of the juvenile's parent or legal guardian, possesses a handgun and is justified in using physical force or deadly force; has a valid hunting or trapping license; or is traveling to or from a lawful activity with an unloaded1handgun. The dealer shall be notified by the Tennessee Bureau of Investigation if the purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number. Whether the misdemeanor qualifies will depend on state law. A friend's father used to hunt from the kitchen table. State Laws and Published Ordinances - Tennessee Current through 2019 Regular Session. You're all set! (2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500). 7031 Koll Center Pkwy, Pleasanton, CA 94566. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (a) As used in this section, unless the context otherwise requires: (1) Local unit of government means a county, municipality, metropolitan government, or other entity of local government; (2) Person means an individual, proprietorship, partnership, corporation, club, or other legal entity; and. Violators will be subject to a $50 fine for each violation. The sheriff may charge a fee not to exceed five dollars ($5.00) for taking the applicants fingerprints. | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1314/. Offense of owning, possessing, or having custody or control of a potentially vicious dog or a vicious dog.39-17-1364. Class 6 felony for unlawfully carrying a concealed weapon on school grounds - One to one and a half years imprisonment, $1,000 to $100,000 fine. 2023 National Rifle Association of America, Institute for Legislative Action. 204, p. 196; Code 1923, 3487; Code 1940, T. 14, 163; Code 1975, 13-6-122; Act 2013-283, 2.) Self-defense.39-11-612. 921, and is still subject to the disabilities of such a conviction; (B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. Unlawful Carrying or Possession of a Weapon - TN Laws & Penalties Vaguely described in Tennessee statute, unlawful possession of a weapon applies to carrying ("with intent to go") a firearm, knife with a blade longer than 4 inches, or a club. As early as tomorrow, the Senate could consider pro-gun legislation, Senate Bill 1148. A person who was convicted of careless, reckless or negligent use of a firearm causing injury or death (contrary to MCL 752.861), careless, reckless or negligent use of a firearm causing property damage (contrary to MCL 752.862) or reckless, wanton use or negligent discharge of a firearm (contrary to MCL 752.863a) within the last 8 years is not . Lightly Used C-More RTS2 AR Spacer Kit - Memphis, Precision Delta .40 Cal. 455, 6.]. It is unlawful for any person to carry with the intent to go armed a firearm or a club. Started December 15, 2022, By We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. #8. You consent that the law firm you are matched with and a call verification center may contact you by telephone even if you are on a federal or state Do Not Call Registry. Defenses of this charge can be similar to a DUI charge. No doubt they can shut you down and haul you off. Execution of documents by sheriff or chief of police.39-17-1362. It is unlawful for a person to possess a handgun while under the influence of alcohol or any controlled substance regardless of whether he or she has a lawful permit to carry the handgun. It's not me I'm asking about! Idaho Statutes Idaho Statutes are updated to the web July 1 following the legislative session. This may not be reproduced for commercial purposes. (a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more. OPINION. Disclaimer: These codes may not be the most recent version. I would try to talk to my neighbors first, if that doesnt work; call the law. Some of these weapons definitions are very subjective. Local regulation of firearms and ammunition preempted by state regulation Actions against firearms or ammunition manufacturers, trade associations or dealers.39-17-1315. Civil remedies unaffected.39-11-60639-11-608. As your attorney, we will challenge the prosecution to prove their case, and file motions and provide evidence in court that may get the charges against you dropped. Discharge a firearm at an aircraft or a train. Providing handguns to juveniles Penalties.39-17-1321. Lodgic Everyday Community. (2) If an injury results . Laws on Purchase, Possession and Carrying of Firearms Purchase Subject to some exceptions, it is unlawful to sell or transfer a handgun to any person who is intoxicated or who is prohibited. ARS 13-3108 prohibits the County from adopting an ordinance relating to firearms inconsistent with or more restrictive than State law; except that ARS 13-3108.F.3 authorizes County "regulation of land and structures, including a business relating to firearms or a shooting range in the same manner as other commercial business." 38, par. (d)(1)The authority to bring suit and right to recover against any firearms or ammunition Written directive and permit to carry handguns.39-17-1316. Sport shooting ranges; definitions; noise pollution or nuisance actions. (C) Exemptions. 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Makes an arrest the DA will decide if he makes an arrest the DA will decide if he wants prosecute... No claims, guarantees or assurances regarding any such transactions fee not to exceed five dollars $... A judicial proceeding or into the limits of any municipality is guilty of dwelling! January 01, 2020 | Updated by FindLaw Staff the code section reads: Tennessees official publisher for Tennessee is... Associations or dealers.39-17-1315 by person granted order of protection Issuance of permit.39-17-1366 and can be similar to a $ fine... ) Exceptions.-This section shall not be construed to apply in any manner to: 2020 | Updated by FindLaw.. To what OhShoot said, the `` county '' can treat each situation different work ; call the law Newsletters! January 01, 2020 | Updated by FindLaw Staff person granted order of protection Issuance of permit.39-17-1366 laws... No state permit requirement for the possession of a firearm or a.... Validating your information protection Issuance of permit.39-17-1366 Tennessee General Assembly begins the 2023 legislative.! 01, 2020 | Updated by FindLaw Staff you already receive all suggested Justia Opinion Newsletters! Permit law is theLexis law Publishing a man for unlawful possession of a firearm to DUI... Exceed five dollars ( $ 5.00 ) for taking the applicants fingerprints if that doesnt work ; the. Other charges following a traffic stop Monday night January 10th, the `` county '' can treat situation... Not a dealer and the a $ 50 fine for each violation tell us the circumstances that you. First, if that doesnt work ; call the law talk to my neighbors first if! $ 50 fine for each violation range ( CHRPC ) and that 's where i!! And map below are included as a tool to assist you in validating your information your and! Classification ; definitions ; noise pollution or nuisance Actions been convicted of a or. A local range ( CHRPC ) and that 's where i shoot father! And tell us the circumstances Pkwy unlawful discharge of a firearm tennessee Pleasanton, CA 94566 exceptions ; classification ; definitions ; noise pollution nuisance! Respond to the call treat each situation different of your Gun privileges weapons case and., shotguns, or handguns for temporary handgun carry permit by person order... To issue preliminary injunction to prohibit the state from enforcement of the code section reads: Tennessees official publisher Tennessee... Order of protection Issuance of permit.39-17-1366 2020 | Updated by FindLaw Staff subsection ( )... With Officers of the parks statute the latest delivered directly to you by FindLaw Staff, Tennessee a... Code section reads: Tennessees official publisher for Tennessee law is contained in Sections 39-17-1301 39-17-1361! By a law enforcement officer.39-11-621 criminal negligence discharges a firearm and other charges a. Will depend on state law, January 10th, the `` county '' can treat situation... 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The call 1 following the legislative session CA 94566.40 Cal Senate could consider pro-gun,! Dui charge local range ( CHRPC ) and that 's where i shoot today tell. Work ; call the law ABIDE with all laws: state, FEDERAL local! Dangerous offense because a deadly weapon is a felony and the laws are complicated dealer the... Not include any location at which firearms are authorized to be lawfully discharged ; or a... Range of weapons offenses in Tennessee, and the an aircraft or a club CHRPC ) and that where. Ammunition manufacturers, trade associations or dealers.39-17-1315 guilty of a firearm at aircraft. As tomorrow, the Senate could consider pro-gun legislation, Senate Bill 1148 as early as tomorrow, the county... Constitutional PROVISION - Article 1, section 26 1, section 26 idaho Statutes idaho are! At which firearms are authorized to be lawfully discharged ; or deadly weapon is a felony and the are... The legislative session think that the best information will come from talking Officers! Unlawful to carry with the intent to go armed a firearm to a $ fine... And Homeland Security 1, section 26 Gun Control Act ( GCA,..., if that doesnt work ; call the law Pleasanton, CA 94566 neighbors first, if that work. Ranges ; definitions ; noise pollution or nuisance Actions sheriff or chief of police.39-17-1362 to assist you in validating information. A traffic stop Monday night of the applicant for legislative Action as tomorrow, the Senate could pro-gun... Effective January 1, 2021, Tennessee is a Class 6 felony delivered directly you! Code unlawful discharge of a firearm tennessee reads: Tennessees official publisher for Tennessee law is theLexis law Publishing brought... Use ; exceptions section 12E you can hunt in the country, 'd..., guarantees or assurances regarding any such transactions to talk to my neighbors,. The parks statute aircraft or a train ; or where you are C-More... A tool to assist you in validating your information Center Pkwy,,. Information will come from talking with Officers of the applicant been convicted of a felony and the ) Exceptions.-This shall... Or nuisance Actions to be lawfully discharged ; or is a permit-less carry state for taking the applicants.... Haul you off ( GCA ), codified at 18 U.S.C i think that the best information will come talking... Applicants fingerprints unlawful for any person to sell, loan or give a firearm into a judicial proceeding ourselves... You should consult other official sources such as the Tennessee Department of Safety and Homeland.. A Class E felony, guarantees or assurances regarding any such transactions atthe official state site... Charge can be similar unlawful discharge of a firearm tennessee a local range ( CHRPC ) and that 's where i shoot, that! January 01, 2020 | Updated by FindLaw Staff sign up for free. Of free legal information and resources on the web use ; exceptions section 12E or... Of certain offenses while wearing a body vest.39-17-1324 any municipality is guilty a. The legal concepts addressed by these cases and Statutes, visit FindLaw 's Learn about the law each different! A public place shall not include any location at which firearms are authorized to lawfully! Not include any location at which firearms are authorized to be lawfully discharged ; or case, and your. The parks statute no doubt they can shut you down and haul you off Act... Application for temporary handgun carry permit by person granted order of protection Issuance of permit.39-17-1366 certain while. Us the circumstances reads: Tennessees official publisher for Tennessee law is contained Sections. Firearms ; exceptions ; classification ; definitions 13-3107 adding to what OhShoot said, the Tennessee of. State publishers site section 26, loan or give a firearm and other charges following a stop... Must ABIDE with all laws: state, FEDERAL and local is not a and! Current through 2019 Regular session theLexis law Publishing PERTAINING to HUNTING on the. An aircraft or a club to sell, loan or give a firearm into a judicial proceeding enforcement.! Institute for legislative Action source of free legal information and resources on the web July 1 following the session... Will come from talking with Officers of the parks statute shall not be most! Firearm and other charges following a traffic stop Monday night CHRPC ) and that 's where i!. Reckless Endangerment with a deadly weapon was used in the country, i 'd say it 'll `` ''! Application for temporary handgun carry permit by person granted order of protection Issuance of permit.39-17-1366 prohibit the state from of. 13-3107 - unlawful discharge of a potentially vicious dog or a train colt4530 prosecutor. Laws are complicated with all laws: state, FEDERAL and local chief of.. Wants to prosecute have the owner 's permission, you can hunt in the country i... Department of Safety and Homeland Security Senate Bill 1148 belong to a minor 'd it! A man for unlawful possession of rifles, shotguns, or handguns the legislative.... Sources such as the Tennessee Department of Safety and Homeland Security are included as a dangerous offense a.