Over the last three decades, the Senate Judiciary has been the
primary committee in the Senate through which almost all Second
Amendment themed bills must pass. Indeed, it has proven particularly
under the chairmanship of Todd Gardenhire and previously Senator Brian
Kelsey to be the Biblical “valley of the shadow of death” for Second
Amendment legislation. The same has proven true this week as well.
Two particular bills that failed to come out of the Senate Judiciary
this week were derailed when two Republicans, Senator Todd Gardenhire
and Senator Paul Rose, both of whom are committee officers, voted with
Democrats to kill the bills. Which ones?
Senate Bill 1227
which was sponsored by Adam Lowe is actually a bill that Speaker
Cameron Sexton told TFA board members a few years ago that he thought
should pass (as an aside, Speaker Sexton has made no visible efforts to
actually demonstrate his support however). Senate Bill 1227 would have
merely expanded Tennessee’s existing handgun permit to a “firearms”
permit. Would this have been a massive change? No since in fact
approximately 80% of the states already have this provision in their
laws or, in many instances, simply do not even prohibit the practice.
In the southeast, only Tennessee and Florida have the restriction.
Indeed, even California allows longarm possession if you have a permit.
Despite this fact and the clear intent of the Second Amendment,
representatives from the Tennessee Department of Safety (Elizabeth
Stroecker), Tennessee Bureau of Investigations, the Tennessee Sheriffs
Association, the Tennessee Chiefs of Police Association, and District
Attorney representatives all
spoke against the bill. Of course, none of them had a single objection based on the criteria established by the US Supreme Court in
Bruen
– but Governor Lee’s administration and these “law enforcement”
government advocates never let a little thing like the constitution or
the Supreme Court’s rulings interfere with their philosophical
opposition to proposals to restore our constitutional rights. Both
Senators Gardenhire and Rose
made statements
(time 1:17) supporting their decisions to vote against the bill but,
once again, neither of those elected officials even bothered to
articulate a constitutionally relevant basis for their votes.
The second bill that was derailed this week, again by Senators Todd Gardenhire and Paul Rose was
Senate Bill 1407.
This bill would have allowed citizens to protect their homes, their
properties, their livestock, their business inventory and even their
personal property from looters, burglars and thieves by, if necessary,
using deadly force. Once again, a “red-shirted” lady spoke against the
bill (she speaks against almost anything on the Second Amendment). In
addition to her, Stephen Crump, the Executive Director of the
Tennessee Attorneys General Conference
as well as Patrick Powell, a taxpayer paid employee of the Tennessee
Bureau of Investigation, spoke against this bill. Senator London Lamar
(D. Shelby County) asked relevant questions about the need that
citizens have to defend their properties and actually sounded as if she
might vote for the bill (she did not vote either way). In addition,
Senator Brent Taylor asked excellent questions of Mr. Crump during which
he seemed to give clearly
misleading if not simply wrong testimony
about the current law in Tennessee (TCA 39-17-614) which prohibits the
use of deadly force to protect property. Ultimately, Senators
Gardenhire and Rose again voted no and made completely irrelevant
statements
why (time 1:04). Interestingly, we understand that the bill, as
amended, that Senate Judiciary rejected was actually amended at the
request of Lt. Governor McNally’s office.
So, for the week, at least in Senate Judiciary, Senators Gardenhire
and Rose get the “hero award” from gun control advocates, including the
Department of Safety, TBI, the Sheriffs, the Chiefs of Police, the DA’s
conference and the “ladies in red t-shirts.” Congratulations for that
award.