As of February 5, 2021, there are 23 bills filed which TFA is
tracking. There are five new bills discussed in this update.
In this
report, it is important to note as with all the other filed bills that
some of these are merely “caption bills”. That is, the bills have a
broad caption and the initial bill language may do one thing but the
scope of the caption is so broad that the bill can be amended to do
something entirely different. This process is permitted by
the legislative rules and it makes it very difficult to track bills and,
more significantly, to obtain and track the “real” legislative agenda
which is often in the amendment which “makes the bill”.
SB393/HB481 as filed would require TBI merely changes the date on
which a report is due by TBI by moving it from February 1 to January 15.
That reporting requirement is currently in TCA 39-17-1316. However,
the “caption” on the bill states as follows: “to amend Tennessee Code
Annotated, Section 10-7-504; Title 33; Title 36; Title 37; Title 38;
Title 39; Title 40; Title 41; Title 49; Title 50; Title 55; Title 70 and
Title 71, relative to firearms”. Essentially, this bill can be
amended to do almost anything in the entire existing Tennessee code so
long as the bill somehow relates to firearms. Given who the bill
sponsors are and that it opens many parts of both the criminal code as
well as the wildlife resources act and even the motor vehicle code this
bill might be nothing more than a placeholder for what could be an
opportunity for the governor to initiate another massive crime bill
coupled with provisions related to firearms and potentially one or more
defenses or exceptions to carrying a firearm without a permit.
SB404/HB412
is a bill that as filed would allow retired law enforcement officers to
act as private security officers without having to have the same
firearms training that private security officers are required to
periodically have.
SB412 is a bill to create “RED FLAG” laws in Tennessee. It must be killed.
HB446
is a bill that as filed would prohibit the expenditure of state or
local funds to enforce federal laws or executive orders regarding some
aspects of firearms issues. It contains language that needs to be
carefully reviewed and potentially amended.
HB447 is a bill that
as filed addresses where off duty law enforcement officers can carry
firearms. TFA typically does not support laws such as this which create
“classes” of citizens and gives them different privileges or
capacities. The TN Supreme Court has held that off duty officers are
not some degree of specially privileged citizen and that they are no
different than other citizens in terms of citizenship rights or duties.
We expect that the Legislature’s bill filing cutoff dates will be the
week of February 8. If, so we could likely see many more bills or
caption bills filed next week.
