Senate Judiciary Committee misses major opportunities to advance rights protected by the Second Amendment

On March 7, 2023, the Tennessee Senate Judiciary was set to hear a substantial number of both good and bad bills on 2nd Amendment issues.  An initial review of it killed some good ones, it passed at least one bad one, it preserve more bad ones for a future hearing thus keeping them alive and it completely failed to advance several bills that would have moved Tennessee at least in the direction of real constitutional carry. 

The Judiciary Committee is entirely appointed by Lt. Gov. Randy McNally.  The committee is chaired by Sen. Todd Gardenhire.  From a voting history perspective, the committee as currently composed is not strong on 2nd Amendment issues.  Its members are:

SB406 by Sen. Hensley would have expanded the affirmative defenses of unlawfully carrying a firearm to be expanded from handguns to firearms in certain instances.  It was "taken off notice".

SB601 by Sen. Hensley would have allowed under certain circumstances the brandishment or other use of deadly force to protect personal property (for example, homeowners and business owners to stop looters or thieves).  The bill was taken office notice.

SB816 by Sen. Hensley would have added a statutory definition to the phrase "intent to go armed" to limit that phrase to situations were the firearm possession was for facilitation or use in the commission of another crime.  The Department of Safety opposed the bill.  The committee REJECTED the bill although the bill votes are not posted on the state website but the votes are on the committee video.  Those voting no were Sen. Gardenhire, Sen. Kyle, Sen. Lundberg, Sen. Rose, Sen. Stevens, Sen. Taylor.   Senators Roberts and White voted yes. 

SB822 by Sen. Hensley would limit the ability to bring lawsuits against gun manufacturers or dealers (such as the one that effectively put Remington out of business.)  The committee was deferred to March 14. 

SB823 by Sen. Hensley would reverse a change in the law carried by Rep. William Lamberth several years ago that changed existing law which prohibited carrying a firearm in a specific courtroom while proceedings were taking place and made the entire building a gun free zone if there was any judicial activity taking place anywhere in the building (including Zoom conferences).  The bill was taken off notice.

SB1037 by Stevens would improve Tennessee's posting statute.  The committee deferred it to March 14.

SB1498 by Sen. Nicely would lower the age limit to age 18 for getting a handgun permit.  Committee deferred to March 14.

SB1503 by Stevens is the senate version of Rep. Grill's bill to attempt to enact true constitutional carry.  This bill is receiving major resistance from Gov. Lee's administration as he has his Department of Safety and TBI representatives opposing it.   The committee deferred it to March 14.


Neutral Bills

SB515 by Sen. Lundberg allows part time employees of "public institutions of higher learning" to carry a handgun on campus if they are retired law enforcement with at least 20 years of good standing.  The committee recommended this change (which, presumptively, means that those with less than 20 years of service would not be able to carry. 

SB521 by Sen. Nicely would waive the fee (that is, would shift the cost to taxpayers) for lifetime permits for retired veterans.  The committee recommended this bill.

SB827 by Sen. Hensley would have initially allowed some law enforcement to carry firearms while under the influence of alcohol or other controlled substances in addition to other matters.  Although the bill was amended, the committee killed the bill.

SB10 by Sen. Lamar would require anyone in Davidson or Shelby counties (not living, just anyone in those counties) to have a handgun permit.  It would negate the permitless carry law in those counties.  The committee deferred the bill (kept it alive) to be heard on March 14.

SB17 by Sen. Lamar would create with state funds programs to reduce "gun violence", apparently as opposed to other violence, in communities.  It would require hospitals to be involved with tracking and reporting data on firearms related violence, presumably to aid at state expense gun control advocates. The committee deferred the bill (kept it alive) to be heard on March 14.

SB360 by Sen. Massey would take state funds (mostly from overcharges on permit holders) and spend those funds to reimburse state licensed handgun training schools up to $30 per individual to teach handgun/firearms classes.  The committee PASSED this bill although it proposes to take approximately $1.1 million of permit holders overcharges (which should be refunded) to divert to this program.

SB829 by Hensley would create a process where individuals could voluntarily add their names to a "prohibited person" list. It was taken off notice in the committee.

SB1021 by Sen. Campbell would make it a crime for someone to "knowingly giving, selling, lending, delivering, or otherwise transferring a firearm to a person when the transferor knows or reasonably should know that the person receiving the firearm is prohibited from purchasing or possessing a firearm under state or federal law."  The bill was deferred to March 14.

SB1029 by Sen. Yarbro (who has announced he is running for mayor of Nashville) would make it a crime to store a firearm in a vehicle or boat unless the firearm is kept from observation and locked "
within the trunk, utility or glove box, or a locked container securely affixed to the motor vehicle or boat."  It also makes it a crime for the "owner of a firearm [not] to report the loss or theft of the firearm to law enforcement within 24 hours of the discovery of the loss or theft."

What should you do?  It is important to realize that the Tennessee Legislature, at least its Senate members, as of this week is pursuing an agenda of ignoring the 2nd Amendment and killing or deferring (to later kill) pro-2nd Amendment legislation.  You should contact all of the Senate Judiciary members (use the tool below) and demand that they take the 2nd Amendment seriously. 

In addition, you might consider

1) Calling Bill Lee's office at (615) 741-2001with objections to his administration's continued and oppressive opposition to the 2nd Amendment.  Object to him sending taxpayer funded administration employees, like the Department of Safety's Elizabeth Stroecker, to continually oppose 2nd Amendment legislation.

2) Call Lt. Gov. Randy McNally (Nashville office number - (615) 741-6806) AND his "district" office number (865) 483-5544) and email him at lt.gov.randy.mcnally@capitol.tn.gov to insist that he put pressure on HIS Senate Judiciary Chairmain and committee members to honor their oaths to support and defend our constitutional rights.