In 2020, Governor Bill Lee announced
that he was going to file a “constitutional carry bill” in the
Legislature. At the time, he stated “The Second Amendment is clear and
concise and secures the freedoms of law-abiding citizens to keep and
bear arms, … I am pleased to announce Constitutional Carry legislation
today that will protect the Second Amendment rights of Tennesseans.”
That bill was filed weeks later in 2020 and it was immediately clear
that it was not real constitutional carry. Instead, it imposed limits
on the rights of citizens to carry firearms by generally limiting the
right to a) Tennessee residents b) who were at least 21 years old and c)
it was limited only to handguns. That bill failed to pass in 2020
perhaps due to Covid.
Governor Lee refiled his bill in 2021 as Senate Bill 765 (House Bill 786). It is one of 3 bills on this issue this year. It is not the most “constitutionally” compliant bill.
As noted in prior reports, which are available on TFA’s News
page, the Governor’s bill falls short of real constitutional carry. It
is limited generally to those 21 and up and it prohibits carrying any
firearms other than those that meet the statutory definition of a handgun under Tennessee law (not all handguns are “handguns” under Tennessee law).
The
Governor’s bill has been pushed rapidly through the Legislature. It
was heard on the Senate Floor on March 18, 2021. Not a single amendment
was offered to improve the bill so that a) it would apply to anyone who
could legally possess a firearm (or even those who could legally
possess a handgun) or b) so that it would apply to all firearms as
opposed to handguns.
Senator Kerry Roberts was one of several
Senators who spoke in favor of the bill. As shown in this video clip of his floor speech, he made it
quite clear that in his mind this bill was not real constitutional
carry. He described it as a step in the right direction but also a step
that would require the Legislature to come back perhaps again and again
to finish the work of restoring to the people the rights protected by
the 2nd Amendment and eliminating Tennessee’s government imposed
infringements. Legislation failing to restore fully those rights is
legislation that preserves unconstitutional infringements. He said he
would vote for the Governor’s bill nevertheless because it as a step in
the right direction.
TFA agrees with the observations of Senator
Kerry Roberts on the floor as well as statements from other legislators
(addressed in prior posts) which describe the Governor’s bill as an
incremental, “kicking the ball down the field”, permitless carry bill.
It does, if it becomes law as is, eliminate the need for a handgun
permit for some Tennesseans. The legislation leaves infringements on
many Tennesseans who can otherwise legally possess handguns and it adds a
few new infringements that do not exist in the 1968 Gun Control Act.
Further, while the 2nd Amendment prohibits infringements on all “arms”,
this legislation only “allows” Tennesseans an exception to the criminal
charge if they are possessing a handguns and then only for those
handguns which meet the Tennessee statutory definition.
In sum,
while the Senate bill certainly moves some ball further down the field,
it also stops significantly short of scoring a touchdown that restores
fully the rights protected by the Second Amendment. As Senator Roberts
states, the Legislature is going to have to come back again and perhaps
again for an unknown number of years to pass yet more legislation that
will at some future date actually implements real constitutional carry.
When
the vote was taken, three Republican Senators voted against the bill –
Richard Briggs, Brian Kelsey and Becky Massey. One Republican Senator
did not vote – Ferrell Haile. It is important that you remember those
names, contact them your comments and consider whether you could support
or would oppose them in any future campaigns.
It is important that you call your state House member today. Look their emails and numbers up on the state website.
Send them this message (in your own words) by phone, letter, fax and email:
1) The Governor's bill is not real constitutional carry. It is only an incremental step that implements a permitless carry system for some people.
2) I want it amended so that "any person who can legally own a firearm can carry that firearm"
3)
I prefer either House Bill 18 or House Bill 1388 - both of them were
filed a real constitutional carry and are much better bills. You can amend the real constitutional carry language of those bills onto the Governor's bill to fix it.
4)
I will be watching your actions on this bill and tell my family and
friends that you either stood with me on the Second Amendment or that
you ignored the Second Amendment and voted for a bill that imposes and
perpetuates infringements on my rights.
Do not let them feed you a deflecting, appeasing rejection. They are elected to represent you and take a sworn oath to do so. They are accountable to you under their oath to protect your rights and to do anything in their powers to remove infringements on your rights. Hold them accountable. Don't be rude, but certainly be firm.
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