There ought to be a law
Here’s a stupid bill saying that discharging a firearm into a habitation or vehicle is a class C felony. Seems the intent of it is to make shooting people even more illegaler.
The language of the bill would make the Lucky Gunner Blogger shoot illegal since we shot a lot of cars.
March 7th, 2012 at 3:15 pm
But does that mean I can do a Drive-by in Tennessee today and not have to worry about it? Or sit on the Overpass and take Potshots at passing Semis?
Something tells me some Smart Lawyer got a Goblin off on a Technicality some where down there, and the Legislator wants to show how “Tough” he is on Crime. It’s an Election Year, after all.
March 7th, 2012 at 9:14 pm
Junked cars designated as targets might be okay…
(2) “Motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks;
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As for the house bit, it’s probably a workaround to avoid having to prove intent to harm someone inside or arguments over whether one could “reasonably” know if it is occupied or not on a general reckless use of weapons charge, whatever they call that down your way.
39-14-401. Definitions for burglary and related offenses.
As used in this part, unless the context otherwise requires:
(1) “Habitation”:
(A) Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;
(B) Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and
(C) Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle;
(2) “Occupied” means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building; and
(3) “Owner” means a person in lawful possession of property whether the possession is actual or constructive. “Owner” does not include a person, who is restrained from the property or habitation by a valid court order or order of protection, other than an ex parte order of protection, obtained by the person maintaining residence on the property.
HISTORY: Acts 1989, ch. 591, § 1; 2000, ch. 906, § 1.