Subject: TFA: The Tennessee 113 General Assembly commences...

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January 10, 2023

The Tennessee 113th General Assembly commences "the peoples' work".

On January 10, 2023, those elected to the General Assembly, and those senators who are mid-term, commenced duties as the 113th General Assembly.  It was an organizational meeting and very little of specific substance occurred other than electing the leadership and related functions.  It was a great celebration, particularly for those who are starting their first term of office.

For those interested in constitutional and particularly 2nd and 10th Amendment issues, the 113th General Assembly presents opportunities.  Opportunities to fix problems that prior General Assemblies created, allowed to persist or neglected.  Consider:

1) The entire state of Tennessee is a "gun free zone".   That is because Tennessee law makes it a crime to carry any firearm (or club) "with the intent to go armed".  See, Tenn. Code Ann. § 39-17-1307(a)(1).   Some might disagree, but when you consider that Tennessee law makes it an affirmative defense that you had the firearm in your own home, in your own business, on your own property, or even that you had a permit, it is an inescapable fact that the very existence of these defenses mean that you could be charged with a crime for having a gun in these locations and it is your burden to prove to a jury (or in a bench trial to a judge) that you are entitled to rely on the statutory defense.  See, See, Tenn. Code Ann. § 39-17-1308.

2) In Tennessee, it is a crime to carry a gun in a public park, on a greenway or in any other recreational area unless you have a permit.  See, Tenn. Code Ann. § 39-17-1311.  These are not and never have been even remotely "sensitive places" but they are and remain "gun free zones".  Indeed, even if you have the permit, it is still a crime to be armed in these areas and the permit operates only as an affirmative defense to that charge with respect to handguns.

3) In Tennessee, it is a crime to carry a longarm with the intent to go armed- anywhere, anytime.  See, Tenn. Code Ann. § 39-17-1307(a)(1).  Permits are no defense. There is a defense under the vehicle transport statute but, again, its a defense. See, Tenn. Code Ann. § 39-17-1307(e).

Tennesseans want and need their elected officials to honor the Constitution.  That includes abiding by the "shall not be infringed" mandate contained in the Second Amendment. 

But, many of those elected officials will not do so unless they think you are watching and wanting it done.  Why do we say that?  Because many of them have been there year after year - some for decades and so far they have failed to pass REAL constitutional carry or to eliminate these gun free zones.


John Harris
Executive Director
johnharris@tennesseefirearms.com


Joining and supporting TFA is an investment in the fight to restore our constitutional rights and to fight against politicians who are willing to sell their votes and your rights to whichever business interest gives them the most money!

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Tennessee Firearms Association/TFALAC, 3310 West End Avenue, Suite 460, nashville, TN 37203, United States
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