March 24, 2023
Constitutional carry legislation substantially destroyed by 4 Republicans in the Senate Judiciary Committee
The Tennessee Senate Judiciary, under the oversight of Chairman Todd Gardenhire, took up Senate Bill 1503
on March 21, 2023. The Senate Judiciary’s hearing on this bill
evidences a cavernous void of constitutional stewardship by at least
four Senate Republicans and two Senate Democrats on the committee. Who are they? Those who identify as Republicans are Todd Gardenhire, Jon Lundberg, Paul Rose and Brent Taylor. The two Democrats never really pretend to be Second Amendment supporters so their votes were in line with what the hold themselves out to stand for. As the bill was presented to the committee it did 2 things and essentially ratified a third change that was going to happen by court order notwithstanding the breach of constitutional stewardship by these legislators. Two things that the bill did but that these four refused to advance are central to true constitutional carry. One was to repeal the statutory "default rule" that carrying a firearm "with the intent to go armed" anywhere in the state at any time is a crime. The statutory language does not even require that the firearm be loaded so technically carrying a loaded firearm might get you arrested, charged and convicted. The second thing that these four Republicans rejected was that the constitution refers to "arms" and not just "handguns". The bill would have replaced references to carrying a handgun with references to carrying a firearm. An amendment proposed by Brent Taylor was adopted that stripped these two changes from the legislation. The third thing that the bill did is almost a moot issue. Presently Tennessee law allows some 18-20 year olds to get a permit or carry without a permit if they meet the other qualifications. However, the state was sued over that issue and the Attorney General has entered into a settlement agreement which stipulates that the current law (which was most recently sponsored by Rep. William Lamberth and Sen. Jack Johnson) that prohibits most 18-20 years olds from being able to carry a handgun violates the Second Amendment, it violates the 14th Amendment and it constituted a federal civil rights violation. The only part of the legislation that survived the destructive amendment by Sen. Brent Taylor is the provision regarding 18-20 year olds which is largely a "nothing" since a federal settlement will force that on the state anyhow. The Senate bill, neutered as it has been, might still go to the Senate floor but rest assured any vote for it that does not restore the other issues will not be categorized as a pro-2nd Amendment vote.
Bills to be heard the week of March 27, 2023
Legislative committee calendars for the week of March 27, 2023, indicate that 9 different committees are scheduled to hear bills that being tracked by TFA. The Senate Judiciary Committee has already exhibited a lack of Second Amendment stewardship relative to your constitutionally protected rights so that many good, constitutional necessary bills have already been crushed by the "Gardenhire Gang of Four" all of which appear to be in full compliance with the preferences of Lt. Gov. "Randy" McNally and the instructions from Bill Lee as communicated by his attorney, Elizabeth Stroecker who is assigned to the Department of Safety.
Of the remaining bills that will be heard next week, we still have work to do.
Support
HB994 by Rep. Keisling / SB908 by Sen. Nicely would alter existing TN law by removing a criminal risk if a property owner brandishes a weapon in an effort to protect real or personal property.
HB1044 by Rep. Bricken / SB1322 by Sen. Bailey would require the state to change the card for the enhanced permits to say "enhanced". This may become necessary with respect to some legislation that seeks to provide exceptions for enhanced permit holders that would not apply to others.
HJR131 by Rep. Garrett would state that it is the declared public policy of the state to maximize the right of citizens to keep and bear arms.
Oppose
THIS BILL MUST BE STOPPED ---- HB1233 by Rep. Hemmer / SB1029 by Sen. Yarbrough would violate the Supreme Court's holding in Bruen by attempting to impose regulations on how individuals store firearms which regulations did not exist and had no clear analog in 1791.
Contact Your Legislators!
It is critical that 2nd Amendment advocates, advocates for constitutional rights, "let them feel the heat" and President Reagan taught. Too many of our elected legislators are coddling up to the administration's taxpayer funded mouthpieces, like Elizabeth Stroecker from the Department of Safety, Commissioner David Rausch who heads up the TBI, and Commissioner Jeff Long from the Department of Safety all of who are being paid by your tax dollars to testify in these hearings and in private meetings with Legislators about why Bill Lee's administration continues to oppose the removal of 2nd Amendment infringements in Tennessee.
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