Actually, a better question might be how many Tennessee Governors and
Legislators are proposing, passing and refusing to repeal statutes that
are federal civil rights violations. Let’s just say … too many.
In
2020, Governor Bill Lee announced
that he was introducing “constitutional carry” legislation in the
Tennessee Legislature. That legislation was introduced but obviously
not by Bill Lee because, as Governor, he is not a member of the
Legislature. The legislation was introduced in 2020 but because of
Covid it really did not move forward until 2021.
In 2021, Rep. William Lambert and Sen. Jack Johnson filed
HB0786/SB0765.
That legislation, which Bill Lee and many Legislators mischaracterized
as constitutional carry, ultimately became law on April 12, 2021. The
law cannot in any manner be classified as real constitutional carry.
The law is actually nothing more than a defense to a criminal charge of
carrying a firearm with intent to go armed and the law only applies to
certain gun owners, not all gun owners..
As a result of the way the 2021 law was written, some 18-20 year olds
that were in the military or had certain discharges from the military
were eligible to carry a handgun in Tennessee without a permit. That
provision mirrored language in the existing statutes which allowed
certain 18-20 year olds with similar military service to obtain handgun
permits. The law also created new infringements on the rights protected
by the Second Amendment for classes of individuals who can lawfully
purchase and possess firearms. Thus, while the proponents claimed that
it was “constitutional carry” it actually created a number of
situations that clearly give rise to constitutional infringements.
Shortly after the Legislature passed the bill that Rep. Lamberth and Sen. Johnson carried in 2021, a
federal civil rights lawsuit
was filed in East Tennessee in April 2021 by individuals 18-20 years
old. Those individuals claimed in the lawsuit that the law which was
heralded by Bill Lee and proudly characterized by Rep. Lamberth and Sen.
Johnson as constitutional carry was in fact unconstitutional. The
plaintiffs claimed that the law violated the 2nd Amendment, violated the
14th Amendment and that it constituted a federal civil rights
violation. It turns out that the were right. Bill Lee, Rep. Lamberth
and Sen. Johnson pushed for an convinced other legislators to support
legislation which on its face was unconstitutional.
Now, those
legislators would not concede that this “flaw” existed but Jonathan
Skrmetti, Tennessee’s new Attorney General, did recognize that the
Legislature’s and the Governor’s treatment of 18-20 year olds was
unconstitutional.
In January 2023, the Tennessee Attorney
General, representing the state of Tennessee, and the plaintiffs in the
federal litigation submitted
a proposed agreed order
to the federal court. In that agreed order the state of Tennessee
agreed that the 2021 law violated the 2nd and 14th Amendments and
constituted a federal civil rights violation with respect to the 18-20
year old provision which generally made it a crime for individuals in
that age bracket to either carry without a permit (these individuals
were also ineligible for the Tennessee handgun permit.) For reasons not
relevant here, the State of Tennessee and the plaintiffs rewrote the
agreed order as a “settlement agreement” that contained the same
substantive provisions and submitted that to the court. [
The entire settlement agreement and court order are on the TFA's website post]
As a result of the passage of these statutory infringements on 18-20
year olds, the state of Tennessee has also agreed to pay the legal fees
of the plaintiffs in that litigation.
This series of events
raises the question now of how many 18-20 year olds have been charged
with carrying a handgun over the last few years. Those individuals may
have a legal basis to challenge those convictions and may have a basis
to bring federal civil rights claims against the State of Tennessee,
perhaps the law enforcement officers and perhaps even prosecuting
district attorneys.
This series of events also raise the
question of how many other statutes, regulations and ordinances in
Tennessee violate the 2nd Amendment, 14th Amendment and constitute
federal civil rights violations? A recent
lawsuit filed in Gibson county
by several TFA members as well as by Gun Owners of America and Gun
Owners Foundation against Bill Lee, as Governor, challenges the
constitutionality of some Tennessee “gun free zone” statutes.
This
series of events must raise the question of why are some state
Legislators, some of whom are attorneys, introducing and supporting
legislation that violates the 2nd and 14th Amendments? Why are
Legislators filing bills that constitute or preserve federal rights
violations? Why are Legislators – many of whom are in Republican
leadership – following a course of action that so clearly violates their
oaths of office under which they pledge to protect and defend your
constitutional rights?
For years now, Governor Haslam’s
administration, Governor Lee’s administration, and a substantial number
of Republican legislators have pursued a course of civil rights
oppression by either enacting laws or refusing to repeal laws that
constitute clear and present infringements on rights protected by the
Second Amendment. The question must be asked when the People of
Tennessee, indeed, when the rank and file members of the Republican
party in Tennessee, are going to stop “allowing” the unconstitutional
suppression of your rights by government officials and demand that such
individuals be held accountable.
Sign up now for the 2023 Annual PAC Fundraiser and auction
TFALAC conducts a statewide annual dinner and gun auction event normally in September. This year it will be on September 9 in Lebanon, Tennessee. Sponsorships, vendor opportunities, tables and individual tickets are
available now.