During the week of February 19, 2024, the Legislature has demonstrated an alarming rejection of their affirmative duties under the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen in June 2022 to address the clear volume of existing Tennessee statutes, orders, regulations and ordinances that violate the constitutionally protected rights of citizens.  Although the Legislature took action this week on 46 of approximately 140 bills, almost all of that action was merely housekeeping to schedule committee hearings on the bills for some future date.   The Legislature is kicking the infringement of your constitutional rights  down the calendar to be dealt with, if ever, later.  

That intentional inaction, albeit more significantly a refusal to deal with the constitutional issues, is reflective of what happened in 2012 when a high ranking House Republican told TFA that the Republican incumbents did not want to put Second Amendment issues on the floor for a vote because they were concerned that doing so could be used against them (apparently by Democrats, moderates and even Establishment Republicans)

Indeed, we are seeing indicators that the House and Senate committees where most of the bills will be heard are now planning to defer all "gun bills" to single hearing dates in mid to late March, 2024.  Historically, when that happens, many of the bills are either squeezed out of the hearing because of the limited amount of time or they are given too little time for consideration and frequently just voted down.  That potential arises again this election year since it is clear that the Legislature did nothing on the duty to take the Bruen mandate to fix Tennessee law in 2023 and is now priming itself for excuses to do even less, perhaps, in 2024.

The calendar report of bills that TFA is tracking for the week of February 26, 2024, shows that bills are at least scheduled for possible hearings in 13 committees.  The following bills, taken in the order in which they appear in the calendar report, may require that you contact your legislators.

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HB1640 (Lamberth) was filed as an apparent caption bill and an amendment was offered that deleted the bills language and substituted new language.   The bill seeks to enact "Jillian's Law" and would impose 2nd Amendment restrictions on certain individuals depending on the disposition of criminal charges.  One question concerning the bill is whether it even remotely satisfies the constitutional threshold set by the United States Supreme Court in the Bruen decision, that is, the "Bruen Basis".  The United States Supreme Court stated in Bruen that any law which impacts the constitutionally protected rights of citizens to purchase, own or use firearms must meet certain standards.   What the Supreme Court also did was to reject many appellate court decisions which had concluded that Second Amendment rights could be infringed so long as the government's reasoning was "reasonable" or based on "public safety" concerns.   The proposed legislation so far lacks any clear foundation that would survive the Bruen Basis requirements at least insofar as pertains to individuals who are not involuntarily committed.

HB1695 (Alexander) would prohibit the release of autopsy reports of minors whose death is the result of a homicide.   This would create a new exception to Tennessee's Open Records Law.  That new exemption, even if it is a "good idea" should not be rushed through the legislature but perhaps should be placed in a summer study for a more thorough consideration of potential unintended consequences or simply stopping it now.   As written TFA would oppose this legislation (and a similar bill).

SB2734(Jackson)/HB2901(Kumar) seeks to change an adjective Tennessee's existing emergency committal statute so that an emergency committal would require an "imminent" risk of harm rather than an "immediate" risk of harm.   That subtle nuance in an existing statute suggests that this might be a caption bill that could be perhaps used as a vehicle to be amended into a Red Flag or some other anti-2nd Amendment legislation.  TFA would recommend close monitoring of this legislation and likely opposition.

Of the bills that are on calendar to be heard next week, the following should be defeated because they clearly violate the Bruen Basis:

- HB1954 - increased penalty for transferring a firearm to a minor

- HB1935 - prohibits sales of high capacity semi-automatic firearms

- HB2505 - creates storage requirements for ammunition

- HB1587 - prohibits manufacture of semi-automatic rifles

- HB1589 - prohibits detachable magazines

- HB1592 - creates an offense for failing to report theft or loss of a firearm

- HB1593 - requires all firearms sales to be conducted through a federally licensed dealer

- HB1595 - creates a committee to study gun violence

- HB2329 - deletes affirmative defense to carry with intent to go armed (i.e., deletes the "permitless carry" affirmative defense)

- HB2333 - creates offense for possession or manufacturer of auto-switch or device to automatically allow a firearm to expel more than one round automatically

- HB2336 - bans 80% lowers or frames

- HB2350 - prohibits allowing a child to have access to a firearm without adult supervision

- HB2352 - requires owner of firearm to report theft or loss within 48 hours

- HB2901 - prerequisites for emergency detentions (step toward Red Flag laws)

- SB1685 - expands Medicaid to provide gun violence prevention services

- SB1654 - creates offense of transferring firearms in specific circumstances

- SB1769 - adjudication of mental defective (step toward Red Flag laws)