Tennessee Legislature adjourns 112th General Assembly after passing nothing significant on Second Amendment issues in 2022
Full Report
The 2022 Tennessee Legislative Session came to an abrupt end on April
28, 2022. All over social media the Tennessee Legislators are
celebrating, proclaiming great success and stewardship over our rights
and resources, and many have their hands out already for your support in
their re-election efforts. So how did they do?
They failed. No
question about it, they had great opportunities but as a Republican
super majority it was an absolute failure on Second Amendment issues in
2022.
What were those opportunities that were available in 2022 that would
have clearly and materially advanced the rights of Tennesseans as
protected by the Second Amendment as being not to subject to any
infringement? Although we tracked over 50 bills this year, only a
portion of those were truly strong pro Second Amendment bills and none
of the really strong ones even got a floor vote in both houses or in
most instances in either house. The bills are address below based on
the Senate bill numbers.
Legislation that Republicans killed in committees
SB2291/HB1735 (Sen. Mike Bell and Rep. Chris Todd) would have lowered
the age requirement for handgun carry permit or to carry under
Tennessee’s permitless carry law from 21 to 18. Although the House
passed the bill, the Senate Judiciary, which Sen. Mike Bell himself
chaired, “took it off notice” (a nice way to say the Senate killed it)
in April.
SB2521/HB2521 (Sen. Joey Hensley and Rep. Jerry Sexton) would have
substantially improved the law on how property owners/managers post
their properties as “gun free” zones. This bill was killed by House
Republicans in the House Civil Justice Subcommittee who refused to even
debate the bill.
SB2523/HB2554 (Sen. Joey Hensley and Rep. Chris Hurt) would have
allowed those individuals who have the classroom training and range
training necessary for the “enhanced” handgun permit to be able to carry
in the same gun free zones as off-duty police officers currently are
allowed to carry. It also was killed in the Senate Judiciary and the
House Civil Justice Subcommittee both of which have Republican
majorities.
SB2638/HB2323 (Sen. Frank Niceley and Rep. Rusty Grills) would have
addressed a problem in state law that prohibits the brandishment of a
weapon when making a citizen’s arrest. This bill was killed by House
Republicans in the subcommittee referring it to “summer study”.
SB2698/HB2770 (Sen. Janice Bowling and Rep. Chris Todd) would have
made those property owners who voluntarily create gun free zones civilly
liable for the safety and security of patrons on the property. This
bill was killed by Republicans in the House Civil Justice Subcommittee.
SB2803/HB1898 (Sen. Kerry Roberts and Rep. Rusty Grills) would have
transformed the existing handgun permit to a firearms permit. This bill
was killed by House Republicans in the House Civil Justice Subcommittee.
SB2823/HB2777 (Sen. Kerry Roberts and Rep. Chris Todd) would have
addressed the serious procedural problems in Tennessee law faced by
those who use deadly force or brandish a weapon for self-defense. This
legislation would have required law enforcement to investigate and
preserve evidence relevant to self-defense, it would have required
district attorneys to investigae and disclose evidence relevant to
self-defense, and it would have allowed someone using self-defense but
who is being criminally charged (like Kyle Rittenhouse) to ask the court
to dismiss the criminal charges before going through the cost and
expense of a jury trial. It also dealt with problems of “up charging” by
district attorneys as a means of extorting plea bargains rather than
risking trials on much higher charges. This bill was killed by the
Republicans in the Senate Judiciary.
SB2866/HB2524 (Sen. Paul Bailey and Rep. Jerry Sexton) would have
fixed most if not all of the problems in Tennessee caused by the
statutory presumption that it is a crime for anyone to carry a firearm
with the intent of going armed. This legislation would have simply
deleted that presumption. This legislation would have created REAL
constitutional carry in Tennessee (which Tennessee presently does not
have). The result of this bill would have been that anyone 18 and up
could carry in public a firearm that they legally owned or possessed for
any lawful purpose including self-defense. This bill had a large number
of co-sponsors but neither Speaker Cameron Sexton nor Lt. Gov. Randy
McNally were co-sponsors. The legislation also received substantial
opposition from Governor Bill Lee’s administration specifically the
Tennessee Department of Safety’s Commissioner Jeff Long and the
Department of Safety’s Legislative Director, Elizabeth Stroeker.
Bills that passed in 2022
SB2628/HB2509(Sen. Frank Niceley and Rep. Rusty Grills) removes short
barrel rifles and short barrel shotguns from Tennessee’s list of
prohibited weapons. While that is an improvement and a policy statement,
it does not substantively change Tennessee law because there is an
existing provision that allowed ownership of these categories of weapons
so long as the items were properly possessed under the National Firearms
Act. Furthermore, assuming the weapon is not properly registered, the
individual can still be prosecuted under both state and federal law for
possession of these items under Tennessee Code Annotated 39-17-1307.
SB2799/HB1738 (Sen. Kerry Roberts and Rep. Mike Sparks) extends the
sales tax holiday on gun safes one additional year to June 30, 2023.
What conclusions might someone who is a strong Second Amendment supporter in Tennessee draw from the events of 2022?
First, Governor Bill Lee
is not a strong Second Amendment supporter. Unlike his personal
involvement in the 2021 permitless carry law (which was mischaracterized
repeatedly by him as a constitutional carry law), there was no outward
show of support by him or his administrative departments for the strong
pro Second Amendment bills in 2022. To the contrary, to the extent his
administrative was involved these taxpayer funded advocates most often
and consistently spoke out against true Second Amendment legislation rather than for it.
Second,
neither Speaker Cameron Sexton nor Lt. Governor Randy McNally were the
prime sponsors on any of these bills. Indeed, while Speaker Cameron
Sexton sponsored the legislation that seeks to impose reporting requirements on 501(c)(4) entities
like the Tennessee Firearms Association during election cycles and
while he himself appeared in a subcommittee to push that legislation, he
did not appear in any committees or subcommittees to vote on or
advocate for these Second Amendment issues. However, the voting record
and observations do indicate that Speaker Cameron Sexton is
nevertheless more favorable to Second Amendment legislation than is Lt.
Governor Randy McNally.
Third, most of the effective opposition
in killing Second Amendment legislation in 2022 came from Republican
caucus members in both houses. This is a conclusion that is
likely beyond any material dispute because with Republican super
majorities in both houses the Democrats had no means – none – of
stopping legislation that the Republicans as a whole caucus supported.
Indeed, watching the debates in the Senate Judiciary, in the House Civil
Justice Subcommittee and even some of the debates in the House Criminal
Justice Subcommittee it is easy to spot the pattern of certain House
and Senate Republicans who may profess to support your constitutional
rights during election seasons but who seldom put their “votes where
their mouth was” when it comes time to actually enact those laws.
Fourth,
one might conclude that there is however a significant and perhaps
growing number of Republican legislators who are truly Second Amendment
supporters. You see this not necessarily in the bills that are
sponsored but as evidenced by their willingness to argue for these bills
in subcommittees, committees and on the floor when the opportunities
arise. It is critical going forward to 2023 and beyond that those true
advocates be joined with new legislators who are true stewards of our
rights. It is also critical to make clear to those 2022 incumbents who
have no election challengers that they will have challengers in 2024 –
starting today – if their abdication of their stewardship as elected
representatives to protect and advance our rights remains a broken
campaign promise and neglected duty going forward.
TFALAC Annual Event
The TFALAC (TFA’s political action committee) has set its annual BBQ
lunch and auction for Saturday, September 3, 2022 at the Farm Bureau
Expo Center in Wilson county, Tennessee. Please sign up as sponsors, vendors or purchase your tables and tickets.
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