News organizations across the state of Tennessee are talking about the
fact that some Tennessee legislators are considering legislation that
might eliminate the requirement that citizens have state issued permits
to exercise a constitutionally protected right. At the same time,
Tennesseans are demanding that the Tennessee legislature enact a law to
eliminate the requirement that they get a permit as a defense to a
criminal charge of carrying a handgun in Tennessee. But those who know
history know that this is not news.
When TFA was founded a
quarter century ago, we talked with legislators about “Vermont carry”.
That term came from the fact that Vermont was at that time the only
state in the nation that allowed its citizens to carry firearms without a
permit. In Vermont, that right has been protected since it became a
state.
While TFA has been working to remove the infringements
on our rights as recognized under the 2nd Amendment in Tennessee over
the last quarter century, a total of approximately 17 states have
adopted constitutional amendments or laws to make clear that citizens in
those states do not need a permit from the state to exercise a
constitutionally protected right. Indeed, about 30 states allow the
free exercise of that right so long as the firearm is visible, that is,
carried openly.
The effort to remove the infringements in
Tennessee is not something that just arose this year. It did not arise
suddenly last year with Bill Lee’s announcement that he would
“introduce” such a bill as governor. The effort goes back almost to at
least TFA’s origins.
In 2010, for example, TFA pressured Bill
Haslam on the campaign trail until he finally assured members that he
would support constitutional carry in Tennessee. See
video. Of course, he never did.
In 2014, TFA supported legislation from Senator Mae Beavers (
SB2424)
which overwhelmingly passed the Senate 25-2 (2 did not vote). The
Senators who voted for the bill were Beavers, Bell, Bowling, Campfield,
Crowe, Ford, Gardenhire, Green, Gresham, Henry, Hensley, Johnson,
Ketron, Kyle, Massey, McNally, Niceley, Norris, Southerland, Stevens,
Summerville, Tracy, Watson, Yager, and Mr. Speaker Ramsey. The two
voting against it were Democrats Burks and Harper. Two others were
present but did not vote at all: Finney and Kelsey. The bill did not
pass that year because it was killed in the House Finance committee,
which was controlled by the GOP, on a 1 to 10 vote.
In 2016, then Senator Mark Green carried TFA supported constitutional carry bill (
SB1483)
to a Senate Judiciary hearing. The Committee was controlled by
Republicans. However, the bill died with 4 yes votes, 4 notes votes and
one senator present but not voting. Senators voting yes were Bell,
Bowling, Kelsey, and Roberts. Senators voting no were: Harris, Kyle,
Overbey, and Stevens. Senator Gardenhire could have voted yes and the
bill would have moved forward but he cast no vote at all.
There
have been numerous other bills to enact permitless open carry,
permitless concealed carry and true constitutional carry in the last 25
years. Other states are passing by Tennessee and are seeing no apparent
problems from doing so. Perhaps this is the year that the Tennessee
Legislature shows Tennesseans that it believes our rights matter and
that “shall not be infringed” is not just a campaign slogan.