Subject: TFA pending bill report 4-19-16: Constitutional Carry all but dead - thanks GOPe leadership!

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April 19, 2016

Session is almost over - constituents are almost "over" as well....

In the presidential primaries this year, Tennesseans soundly rejected all "establishment" candidates.  That is a clear indication that the voters have "had it" with the establishment's veracity problems.  That is a clear indication that the voters are "over" their willingness to tolerate broken promises from politicians who say one thing, do another and take advantage of their positions of power. 

The Tennessee Republican primaries in August and the general elections in November will tell whether the Tennessee voters think that this is just a problem in Washington or whether the problem also exists in the Tennessee legislature.  The evidence is strong that the stench in Nashville is as bad or worse when it comes to conservative principles and constitutional rights.

For the last six years, Tennessee has been ruled from the figurative Mount Olympus by an oligarchy "axis" comprised of Bill Haslam, Ron Ramsey and Beth Harwell.  Measure by the success of constitutional proposals being enacted into law, it has been in the eyes of many a failure as these three have pandered after a variety of Big Business and Big Government programs but have done almost nothing to pass the kinds of constitutionally based, conservative agendas that have been promised by the "Republicans" in Tennessee. 

Certainly, there are a significant number of elected Republicans who in fact would vote for these constitutionally principled initiatives and conservative core principles.  However, the manner in which these three have manipulated and abused the committee system to keep those bills from being debated and voted upon by all the elected officials has been the primary reason that so many of these issues have seen failure.  

A constitutional republic operates correctly when issues are decided by all representatives of the people on a majority vote.  An oligarchy exists when a handful of individuals so dominate and control the process that only their "hand picked" bills are ever choreographed for a floor vote in which the outcome is in most instances predetermined by those in leadership.

There are at least 3 sets of bills that could have been enacted in the last 2 years that address Constitutional Carry.  These are:

SB0780 (Beavers) / HB0535 (Womick) - Filed in 2015 but still active implements constitutional carry.

SB1483 (Green) / HB1748 (Matheny) - Filed in 2016, would implement constitutional carry

SB2273 (Beavers) / HB2146 (Womick) - Filed in 2016, similar to SB0780.
Of these three sets of bills, the shortest one that makes the fewest changes to the existing statutes (and thus perhaps more easily debated and passed) is SB1483/HB1748.

None of these bills were ever debated or considered on the floor of either house.  In each instance, they were derailed in the committee system by leadership who had their "shadow operatives" dancing like marionettes on the strings of the puppet master to make sure that these bills were never presented for consideration to the body that is charged with the policy making function in this constitutional republic.

As the legislature is concluding its "dirty deeds" and shenanigans at the hands of its majority selected leadership, do not let the misdeeds of the last 2 years be forgotten this summer.  All House seats and 1/2 of the Senate seats are up for election in 2016. The offices of speaker in both Houses are up for consideration after the November elections.  If you want to see a change from an oligarchy back to a constitutional republic, it is critical to get involved in these elections and, while doing so, demand i) that the committee system be fixed and ii) that constitutionally principled leaders be selected for each House.  Just those two things would bring overwhelming changes to Tennessee in 2017.

Act today! When you do, make sure you Tweet and FB and encourage others to do likewise!
Legislative Update Report

The table below contains a list of legislation that TFA is tracking. This is not the entire list but only those bills which have had activity in the last 7 days.

The bills marked in Green are supported by TFA, those in Blue are being watched but TFA has not taken a position, and those in Red are opposed at this time as written.

Please review these bills carefully. Feel free to go to the TFA Facebook group and ask questions or advocate for or against the bills you like.

Make the time to communicate with your legislators. Call them and ask questions. Ask them to sponsor bills you like or appose the ones that you think are not constitutionally sound or, if sound, good public policy.

If you do not already know your legislators or have their phone and email numbers handy, you can get this information on the Legislature's "Find my Legislator" page.



 
  
TFA Legislative Report
April 19, 2016
Bill # Summary Status
HB1094 As introduced, permits constables who have law enforcement powers to carry firearms at all times and in all places in Tennessee that other law enforcement officers are permitted to carry firearms. - Amends TCA Title 8, Chapter 10 and Title 39, Chapter 17, Part 13.2016-04-12 / Passed
Signed by Governor.
HB1424 As introduced, reduces the fee for a lifetime handgun carry permit from $500 to $200. - Amends TCA Section 39-17-1351.2016-04-18 / Engrossed
Received from House, Passed on First Consideration
HB1458 As introduced, increases the penalty for reckless endangerment by discharging a firearm from within a motor vehicle from a Class E felony to a Class C felony, and specifies that each person endangered by the conduct constitutes a separate offense. - Amends TCA Section 39-13-103.2016-04-14 / Introduced
Placed on s/c cal Finance, Ways & Means Subcommittee for 4/18/2016
HB1736 As introduced, permits full-time employees of state public colleges or universities to carry a handgun while on property owned, operated, or used by the employing college or university if the employee has a valid Tennessee handgun carry permit. - Amends TCA Title 39 and Title 49.2016-04-14 / Introduced
Placed on s/c cal Finance, Ways & Means Subcommittee for 4/18/2016
HB1749 As introduced, waives the application and processing fee required with a lifetime handgun carry permit application for retired federal, state, and local law enforcement officers who retired in good standing as certified by the chief enforcement officer from the organization from which the applicant retired. - Amends TCA Section 39-17-1351.2016-04-13 / Introduced
Placed on s/c cal Finance, Ways & Means Subcommittee for 4/18/2016
HB1751 As introduced, permits each LEA and each school board for private schools to determine whether someone with a Tennessee-issued handgun carry permit may carry a handgun while on the property of the public or private school and while traveling on school functions with students. - Amends TCA Title 39 and Title 49, Chapter 6.2016-04-14 / Introduced
Placed on s/c cal Finance, Ways & Means Subcommittee for 4/18/2016
HB1963 As introduced, requires that certain public records be destroyed when certain orders of expunction are granted; defines the effect of an expunction order; establishes the filing fee for the expunction of multiple convictions be $350. - Amends TCA Title 8, Chapter 21; Title 10 and Title 40, Chapter 32.2016-04-14 / Introduced
Taken off notice for cal. in Calendar & Rules Committee
HB2026 As introduced, includes certain persons convicted of a Class D felony for theft of property or services, if the value of the property or services obtained is $1,000 or more but less than $10,000 as an offense that may be expunged from a person’s public record. - Amends TCA Title 39 and Title 40.2016-04-18 / Introduced
Sponsor(s) Added.
HB2033 As introduced, establishes that if a person or entity posts to prohibit the possession of firearms on the property, the posting entity, for purposes of liability, assumes custodial responsibility for the safety and defense of any handgun carry permit holder harmed while on the posted property. - Amends TCA Title 39, Chapter 17, Part 13.2016-04-18 / Introduced
Sponsor(s) Added.
HB2193 As introduced, requires all court records be expunged within 60 days and the restoration of a person's status if a case is dismissed or an informal adjustment without adjudication is granted; allows a person adjudicated unruly to petition the juvenile court for expunction. - Amends TCA Section 37-1-153.2016-04-18 / Engrossed
Passed Senate, Ayes 31, Nays 0
HB2389 As introduced, prohibits law enforcement officers of this state and its political subdivisions from enforcing provisions of international law and treaties that limit gun rights under Article I, Section 26 of the state constitution.2016-04-12 / Failed
Transmitted to Governor for his action.
HB2425 As introduced, lowers the age for receiving a handgun carry permit from 21 years of age to 18 years of age. - Amends TCA Section 39-17-1351.2016-04-18 / Introduced
Sponsor(s) Added.
SB1477 As introduced, reduces the fee for a lifetime handgun carry permit from $500 to $200. - Amends TCA Section 39-17-1351.2016-04-18 / Introduced
Sponsor(s) Added.
SB1490 As introduced, exempts honorably discharged and retired veterans of the United States armed forces from firing range and classroom training requirements for handgun carry permits upon presenting a DD 214 form indicating a discharge or retirement date within five years of application for the permit. - Amends TCA Title 39, Chapter 17, Part 13.2016-04-15 / Enrolled
Transmitted to Governor for action.
SB1613 As introduced, permits the use of certain defenses to unlawful possession or carrying of a weapon by a person with a prior conviction for a felony involving the use of force, violence, deadly weapon, or drugs and whose rights of citizenship have been restored. - Amends TCA Section 39-17-1308.2016-04-12 / Failed
Failed in Senate Judiciary Committee
SB1736 As introduced, establishes that if a person or entity posts to prohibit the possession of firearms on the property, the posting entity, for purposes of liability, assumes custodial responsibility for the safety and defense of any handgun carry permit holder harmed while on the posted property. - Amends TCA Title 39, Chapter 17, Part 13.2016-04-18 / Engrossed
Passed H., Ayes 77, Nays 13, PNV 0
SB1760 As introduced, extends immunity from civil liability to national guard members who are authorized by the military department to carry a personally owned handgun while in uniform and who use that handgun in self-defense or defense of others. - Amends TCA Title 58, Chapter 1.2016-04-12 / Passed
Signed by Governor.
SB1859 As introduced, includes certain persons convicted of a Class D felony for theft of property or services, if the value of the property or services obtained is $1,000 or more but less than $10,000 as an offense that may be expunged from a person’s public record. - Amends TCA Title 39 and Title 40.2016-04-18 / Engrossed
Passed H., Ayes 89, Nays 1, PNV 0
SB1991 As introduced, prohibits public postsecondary institutions from taking any adverse action against an employee or student as a result of such person's lawful transportation and storage of a firearm or ammunition in the person's parked motor vehicle. - Amends TCA Title 39, Chapter 17, Part 13 and Title 49, Chapter 7, Part 1.2016-04-14 / Passed
Signed by Governor.
SB2238 As introduced, lowers the age for receiving a handgun carry permit from 21 years of age to 18 years of age. - Amends TCA Section 39-17-1351.2016-04-18 / Introduced
Sponsor(s) Added.
SB2278 As introduced, increases the penalty for reckless endangerment by discharging a firearm from within a motor vehicle from a Class E felony to a Class C felony, and specifies that each person endangered by the conduct constitutes a separate offense. - Amends TCA Section 39-13-103.2016-04-18 / Introduced
Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee
SB2376 As introduced, permits full-time employees of state public colleges or universities to carry a handgun while on property owned, operated, or used by the employing college or university if the employee has a valid Tennessee handgun carry permit. - Amends TCA Title 39 and Title 49.2016-04-18 / Introduced
Placed on Senate Regular Calendar calendar for 4/19/2016
SB2585 As introduced, requires all court records be expunged within 60 days and the restoration of a person's status if a case is dismissed or an informal adjustment without adjudication is granted; allows a person adjudicated unruly to petition the juvenile court for expunction. - Amends TCA Section 37-1-153.2016-04-18 / Introduced
Companion House Bill substituted

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