If Constitutional Carry is not enacted in TN this year, who is to blame?

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Subject: If Constitutional Carry is not enacted in TN this year, who is to blame?

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March 18, 2016

Who is to blame if Constitutional Carry is not enacted this year in Tennessee?

Constitutional Carry has been offered in various formats over the last few years to a Tennessee legislature that is totally and completely controlled by the Republicans. More specifically, it is dominated by a small number of Republicans, those we call "leadership", who dominate and use the committee system that they manipulate as a means to disenfranchise the public by blocking bills from ever getting to a full consideration on the House or Senate floors.

The "never came up" half-truth.

Since the bills are being blocked by leadership or its "shadow operatives" from ever getting to the floors of both houses for consideration by all of the elected legislators, some legislators will claim that they would have voted on it but it never came up. Some will claim that they are strong, reliable supporters of the 2nd Amendment, but it never came up. Some will even say they sponsored the bill - but will they tell you they only did that because they knew leadership and the shadow operatives would keep it from the floor for full consideration so that they would never really have to vote for it?

So, if constitutional carry is not voted on by the entire Tennessee General Assembly this year, who can you blame?

You can blame almost all - not all but almost all - elected legislators.

Why?

In both the Senate and the House the written rules provide for recall motions. In the Senate, its Rule 63. In the House its, Rule 53. A recall motion allows any bill, such as constitutional carry, to be recalled from the subcommittee system for a debate and floor vote. The bill can be recalled even if some committee has voted to kill it or, as in Senate Judiciary this year, voted in a "tie" which stalled the process.

In the Senate the recall motion requires only a simple majority. In the House, it requires a 2/3 majority.

But you seldom, if ever, see recall motions used. Why?

Because leadership takes retribution on legislators who resort to using the recall motion rule because it allows bills to bypass the committee system. Remember that leadership creates and manipulates the committee system to allow only the leadership to control which bills come to the floor for a vote and which do not. Your individual legislators normally are excluded from that process. But the rules given them - and you - a way to have a voice through the recall motion.

When legislators are bullied into believing that its wrong to use the rules - all the rules - then they are at fault and need to be corrected or replaced.

They were not sent to the legislature to submit to leadership - they were sent to uphold and defend the constitutions.

They were sent as stewards under a constitutional republic to represent their constituents. They were not sent up their to be the mere pawns of leadership and thus allowing themselves to be pushed around and manipulated by the whims of a constitutionally irresponsible leadership.

This year, TFA has asked that constitutional carry be brought to the floors on recall motions. We know that it is not likely to happen unless you call your own legislators and hold them accountable to their oaths to defend the constitution.

After all - its "constitutional" carry ... and not some "nanny state" bill to require 12 year olds to ride in booster seats.

This is what you need to do today.

Call your House and Senate members. If you do not already have their contact numbers (office, home, cell or for some their "girlfriend's number") then at least look up their office number on the legislative directory.
Call them every day. Ask to speak with the legislator or for a callback. If you only get the office staff, be kind to them because we know some of them are already frustrated with their "bosses" over their failure to take their oaths seriously.
Email your House and Senate members. Create a paper trail. Once again, don't limit yourself to their "official" email addresses but use their personal email addresses if you have them as well. If you need to look up their official email addresses, look on the legislative directory.
Find their social media resources. Facebook, Twitter, even LinkedIn or, for some, perhaps other "social" sites. Plaster their social media sites with requests.
Then do it all again and again until they understand that this is not just a passing phase.

What to say?

Perhaps something like this -- "I am a constituent. I am very serious about seeing Constitutional Carry enacted in Tennessee. I understand that the bill was stalled this year by the Senate Judiciary Committee on a tie vote. I am requesting that you contact the Senate Sponsor, Senator Mark Green, and the House Sponsor, Rep. Judd Matheny, and tell them in writing that you will co-sponsor the motion to recall this bill directly to the floor for a full discussion and debate on the merits. Please respond and let me know if you have done this or are refusing to do this."

It is that simple to be a citizen advocate. You have the right - the constitutional right - to have your elected officials debate and vote on your 2nd Amendment protected rights. You have that right. But, you must demand it. Each of these legislators have the right to demand that this bill be recalled from the black hole of the leadership manipulated committee system.

Don't let them blow you off by talking about the "sanctity" of the "committee system" - there is no sanctity when government officials hide behind rules to intentionally and knowingly infringe constitutionally protected rights.

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
	March 18, 2016

Bill #	Summary	Status
HB0682	As introduced, rewrites the minimum requirements for phrases and symbols on signs prohibiting firearms in certain places open to the public. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-17 / Enrolled Transmitted to Governor for his action.
HB1409	As introduced, prohibits a handgun carry permit holder from carrying a firearm when entering a public park or an event occurring at the park if a ticket or pass is required for entry and the park is owned or operated by a county or municipality, an instrumentality, or a company contracting with the government to conduct the event; prohibits firearms in arenas, stadiums, and structures where a professional sports team plays, practices, or trains. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-16 / Introduced [Hearing: Mar 23 @ 3:00 pm in HHR31] Placed on s/c cal Civil Justice Subcommittee for 3/23/2016
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.	2016-03-16 / Introduced [Hearing: Mar 22 @ 1:30 pm in HHR31] Placed on s/c cal Criminal Justice Subcommittee for 3/22/2016
HB1513	As introduced, authorizes sheriffs and deputy sheriffs to retain service weapon upon retirement and approval by 2/3 vote of county legislative body. - Amends TCA Title 8, Chapter 8, Part 2.	2016-03-17 / Enrolled Signed by H. Speaker
HB1532	As introduced, allows the Tennessee POST commission to deny a retired law enforcement officer's application to carry as a law enforcement officer if the retired officer is prohibited from purchasing or possessing a firearm, or obtaining a handgun carry permit, or if the retired officer has been convicted of DUI once within five years, or twice or more within 10 years, of the application date. - Amends TCA Title 38, Chapter 8, Part 1.	2016-03-17 / Introduced H. Placed on Regular Calendar for 3/21/2016
HB1563	As introduced, clarifies that deadly force may be used by nuclear security officers at nuclear power reactor facilities and not just category I nuclear facilities. - Amends TCA Section 39-11-611.	2016-03-17 / Introduced H. Placed on Regular Calendar for 3/21/2016
HB1641	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.	2016-03-16 / Introduced [Hearing: Mar 22 @ 9:00 am in HHR31] Placed on cal. Civil Justice Committee for 3/22/2016
HB1644	As introduced, requires the chief administrative officer of a private K-12 school or private institution of higher education to implement a handgun carry policy that either permits or prohibits a person who has a handgun carry permit from carrying on the grounds or buildings of a private K-12 school or private university. - Amends TCA Title 39; Title 49, Chapter 7, Part 1 and Title 49, Chapter 50, Part 8.	2016-03-17 / Introduced H. Placed on Regular Calendar for 3/24/2016
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.	2016-03-16 / Introduced [Hearing: Mar 23 @ 3:00 pm in HHR31] Placed on s/c cal Civil Justice Subcommittee for 3/23/2016
HB1750	As introduced, specifies that the authorization for a law enforcement officer to carry firearms at all times, regardless of the officer's regular duties, unless otherwise prohibited by federal law, court order, or otherwise by law, applies to a sheriff who has been certified by the POST commission, and a deputy sheriff employed by a county as a court officer or corrections officer as authorized in writing by the sheriff. - Amends TCA Section 39-17-1350.	2016-03-15 / Enrolled Transmitted to Governor for his action.
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.	2016-03-16 / Introduced [Hearing: Mar 22 @ 9:00 am in HHR31] Placed on cal. Civil Justice Committee for 3/22/2016
HB1752	As introduced, requires public criminal records to be automatically expunged after two years from date of entry of any dismissal, nolle prosequi, or no true bill if not previously expunged upon court order or petition; establishes certain procedures for expunction without cost when charge is dismissed or nolle prosequi is entered. - Amends TCA Title 40, Chapter 32.	2016-03-16 / Introduced [Hearing: Mar 23 @ 10:30 am in HHR31] Placed on cal. Criminal Justice Committee for 3/23/2016
HB1929	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.	2016-03-17 / Introduced Sponsor(s) Added.
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.	2016-03-16 / Introduced [Hearing: Mar 23 @ 10:30 am in HHR31] Placed on cal. Criminal Justice Committee for 3/23/2016
HB1967	As introduced, prohibits a person who has been convicted of certain state or federal criminal offenses from owning a business that sells firearms or firearm ammunition at retail or possessing any ownership interest in such a firearms business. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-16 / Failed Failed in s/c Civil Justice Subcommittee of Civil Justice 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.	2016-03-16 / Introduced [Hearing: Mar 22 @ 1:30 pm in HHR31] Placed on s/c cal Criminal Justice Subcommittee for 3/22/2016
HB2031	As introduced, permits a person to petition the court for the expunction of multiple convictions provided all the offenses are currently eligible for expunction, the petitioner has completed all requirements of each sentence, and five years have elapsed since the most recent offense. - Amends TCA Title 40, Chapter 32.	2016-03-17 / Introduced [Hearing: Mar 22 @ 1:30 pm in HHR31] Placed on s/c cal Criminal Justice Subcommittee for 3/22/2016
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.	2016-03-16 / Introduced [Hearing: Mar 23 @ 3:00 pm in HHR31] Placed on s/c cal Civil Justice Subcommittee for 3/23/2016
HB2058	As introduced, creates offense of recklessly leaving a loaded firearm unattended and readily accessible to a child under 13 years of age; creates certain defense. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-16 / Introduced [Hearing: Mar 22 @ 9:00 am in HHR31] Placed on cal. Civil Justice Committee for 3/22/2016
HB2072	As introduced, authorizes community corrections officers who hold a valid Tennessee handgun permit to carry a handgun while in the course of employment and engaged in the actual discharge of official duties. - Amends TCA Section 39-17-1350.	2016-03-16 / Introduced [Hearing: Mar 23 @ 3:00 pm in HHR31] Placed on s/c cal Civil Justice Subcommittee for 3/23/2016
HB2131	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.	2016-03-14 / 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.	2016-03-16 / Introduced [Hearing: Mar 22 @ 1:30 pm in HHR31] Placed on s/c cal Criminal Justice Subcommittee for 3/22/2016
HB2359	As introduced, creates a study committee within the general assembly to study juvenile use of firearms in criminal activity. - Amends TCA Title 37 and Title 39.	2016-03-16 / Introduced Taken off notice for cal in s/c State Government Subcommittee of State Government Committee
HB2365	As introduced, requires that when neither the seller nor purchaser of a firearm is a licensed gun dealer, the transaction must be completed through a licensed gun dealer and the dealer must perform the same background check required for purchases from licensed gun dealers. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-16 / Introduced [Hearing: Mar 23 @ 3:00 pm in HHR31] Placed on s/c cal Civil Justice Subcommittee for 3/23/2016
HB2366	As introduced, creates Class C misdemeanor of advertising a firearm for sale if the seller intends to sell the firearm, or does sell the firearm, without conducting a background check on the buyer. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-16 / Introduced [Hearing: Mar 23 @ 3:00 pm in HHR31] Placed on s/c cal Civil Justice Subcommittee for 3/23/2016
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.	2016-03-17 / Failed [Hearing: Mar 22 @ 9:00 am in HHR31] Sponsor(s) Added.
HB2405	As introduced, reduces permit fee to $100 by removing the $15 fingerprint criminal history data base fee. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-16 / Introduced [Hearing: Mar 23 @ 3:00 pm in HHR31] Placed on s/c cal Civil Justice Subcommittee for 3/23/2016
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.	2016-03-16 / Introduced [Hearing: Mar 22 @ 9:00 am in HHR31] Placed on cal. Civil Justice Committee for 3/22/2016
HB2428	As introduced, enacts the "Forfeiture Act," which creates a new process for civil forfeiture actions. - Amends TCA Title 38; Title 39; Title 40; Title 53 and Title 55.	2016-03-16 / Failed Failed in s/c Civil Justice Subcommittee of Civil Justice Committee
HB2452	As introduced, requires a licensed firearm dealer who sells firearms to the public at retail to post signs by January 1, 2017, that are visible at the point of sale informing purchasers of firearms of the proper method to safely store firearms using language created by the department of safety by October 1, 2016; makes the knowing failure to post the signs by the licensed dealer a Class C misdemeanor punishable by a fine of $50.00. - Amends TCA Section 39-17-1316.	2016-03-16 / Failed Failed in s/c Civil Justice Subcommittee of Civil Justice Committee
HB2478	As introduced, prohibits the closure of any full service driver license station that is operational as of January 1, 2016, if the closure removes from the county seat any essential services more than 30 miles to the next driver license station. - Amends TCA Title 55.	2016-03-16 / Introduced Taken off notice for cal in s/c Transportation Subcommittee of Transportation Committee
HB2509	As introduced, prohibits an administrator, professor, or employee of a public institution of higher education from requiring a student or employee to provide information on firearm ownership; prohibits taking adverse disciplinary or employment action against a student or employee of the institution for information on firearm ownership that is voluntarily given. - Amends TCA Title 49.	2016-03-16 / Introduced [Hearing: Mar 23 @ 3:00 pm in HHR31] Placed on s/c cal Civil Justice Subcommittee for 3/23/2016
HB2532	As introduced, requires that a juvenile court proceeding involving allegations that the juvenile was illegally in possession of a firearm be given priority in scheduling and be heard by the court as soon as is practicable. - Amends TCA Title 37 and Title 40.	2016-03-16 / Introduced [Hearing: Mar 23 @ 3:00 pm in HHR31] Placed on s/c cal Civil Justice Subcommittee for 3/23/2016
HB2546	As introduced, authorizes the issuance of gun violence restraining orders. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-16 / Introduced [Hearing: Mar 23 @ 3:00 pm in HHR31] Placed on s/c cal Civil Justice Subcommittee for 3/23/2016
HB2575	As introduced, makes various changes to handgun carry permits, including extending permit renewals to occur every eight years and lowering the initial application fee from $115 to $100. - Amends TCA Section 39-17-1351.	2016-03-16 / Engrossed Received from House, Passed on First Consideration
SJR0391	Urges the President, Congress, and the Secretary of Defense to review and revise law and policy regarding the carrying of firearms by military service members on military installations.	2016-03-16 / Engrossed Placed on cal. State Government Committee for 3/22/2016
SB1008	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.	2016-03-15 / Introduced Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0
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.	2016-03-15 / Engrossed Sponsor(s) Added.
SB1559	As introduced, requires the chief administrative officer of a private K-12 school or private institution of higher education to implement a handgun carry policy that either permits or prohibits a person who has a handgun carry permit from carrying on the grounds or buildings of a private K-12 school or private university. - Amends TCA Title 39; Title 49, Chapter 7, Part 1 and Title 49, Chapter 50, Part 8.	2016-03-17 / Introduced Placed on Senate Regular Calendar calendar for 3/21/2016
SB1658	As introduced, authorizes sheriffs and deputy sheriffs to retain service weapon upon retirement and approval by 2/3 vote of county legislative body. - Amends TCA Title 8, Chapter 8, Part 2.	2016-03-15 / Introduced Sponsor(s) Added.
SB1714	As introduced, permits a person to petition the court for the expunction of multiple convictions provided all the offenses are currently eligible for expunction, the petitioner has completed all requirements of each sentence, and five years have elapsed since the most recent offense. - Amends TCA Title 40, Chapter 32.	2016-03-16 / Introduced [Hearing: Mar 22 @ 1:00 pm in Legislative Plaza Room 12 Lp] Placed on Senate Judiciary Committee calendar for 3/22/2016
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.	2016-03-16 / Engrossed Engrossed; ready for transmission to House
SB1921	As introduced, requires the instant check unit of the TBI to contact the agency making an entry of an order of protection into the national crime information center within one day if the subject of the order of protection attempts to purchase a firearm. - Amends TCA Title 36, Chapter 3, Part 6; Title 38, Chapter 6 and Title 39, Chapter 17, Part 13.	2016-03-17 / Introduced Placed on Senate Regular Calendar calendar for 3/21/2016
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.	2016-03-17 / Engrossed Placed on Senate Message Calendar calendar for 3/21/2016
SB2036	As introduced, prohibits a person who has been convicted of certain state or federal criminal offenses from owning a business that sells firearms or firearm ammunition at retail or possessing any ownership interest in such a firearms business. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-17 / Introduced Assigned to General Subcommittee of Senate Judiciary Committee
SB2249	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.	2016-03-16 / Introduced [Hearing: Mar 23 @ 2:00 pm in Legislative Plaza Room 12 Lp] Placed on Senate Education Committee calendar for 3/23/2016
SB2294	As introduced, creates offense of recklessly leaving a loaded firearm unattended and readily accessible to a child under 13 years of age; creates certain defense. - Amends TCA Title 39, Chapter 17, Part 13.	2016-03-16 / Introduced [Hearing: Mar 22 @ 1:00 pm in Legislative Plaza Room 12 Lp] Placed on Senate Judiciary Committee calendar for 3/22/2016
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.	2016-03-16 / Introduced [Hearing: Mar 22 @ 1:00 pm in Legislative Plaza Room 12 Lp] Placed on Senate Judiciary Committee calendar for 3/22/2016
SB2493	As introduced, prohibits an administrator, professor, or employee of a public institution of higher education from requiring a student or employee to provide information on firearm ownership; prohibits taking adverse disciplinary or employment action against a student or employee of the institution for information on firearm ownership that is voluntarily given. - Amends TCA Title 49.	2016-03-16 / Introduced [Hearing: Mar 23 @ 2:00 pm in Legislative Plaza Room 12 Lp] Placed on Senate Education Committee calendar for 3/23/2016
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.	2016-03-16 / Introduced [Hearing: Mar 22 @ 1:00 pm in Legislative Plaza Room 12 Lp] Placed on Senate Judiciary Committee calendar for 3/22/2016

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Subject: If Constitutional Carry is not enacted in TN this year, who is to blame?