March 23, 2018
Bill Status and Calendar Reports
Bill status and calendar reports for bills that have had activity in the Legislature this week as well as bills that are scheduled to be heard over the upcoming two weeks. Please review these materials and feel free to share them with your friends, family and others who may be interested.
URGENT // UPDATE: Tennessee Legislature moves closer to"targeting" and removing constitutional rights of non-violent felons - even those with pardons or who have had their rights fully restored by court order!
The Tennessee Senate Judiciary committee unanimously approved a bill (SB2528 by Ketron and HB2254 by Sargent) which appears intended to take rights away from nonviolent felons who have already served their time and completed their punishment - even if they have a pardon or a court ordered restoration of their rights.
Senator Ketron explained on his presentation on video that the bill was brought to him by the Tennessee Association of Chiefs of Police. This is the entity truly behind the attempt to infringe 2nd Amendment rights. Sen. Ketron described the bill is only a "cleanup bill". He did not say that it would permanently, for life prohibit some with non-violent felon convictions from EVER getting their full rights of citizenship restored nor was there any testimony or evidence that prohibiting nonviolent felons whose rights have been restored have historically or reasonably would become violent felons if allowed to have access to firearms [Note: Under TN law in TCA 39-17-1307(c)(1) non-violent felons are only prohibited handguns but this change would potentially expand that ban to all firearms and for life].
This bill was scheduled to be heard on the Senate floor this week but was delayed.
The question is why are these legislators doing this?
The answer is government law enforcement officials -- including those who are members of the Tennessee Association of Chiefs of Police and probably others. We understand also that even the NRAILA has indicated it has no objection to what these bills will do.
So what?
Prior to 2008, nonviolent felons, perhaps someone who wrote a bad check and later made restitution, could get their "full rights of citizenship" restored under state law once they had completed their sentence or terms of probation. As a result of a change in the law in 2008, which it appears the sponsors at that time did not even fully understand, nonviolent felons cannot possess a handgun. However, because of federal law, the fact that Tennessee restricts any right to own any firearm federal law then "bootstraps" and prohibits the person from owning any firearm at all.
In addition, the 2008 Legislative change appears to have been oblivious to a prior Tennessee Supreme Court decision (State v. Johnson) which essentially held that even a pardon or a court order restoring the "full rights of citizenship" to a person with a felony conviction does not restore the right to possess a firearm.
Nevertheless, TCA 39-17-1308(b) has provided that the defenses to illegal carrying of a firearm were not available to those with violent felonies or felony drug offense. By omitting non-violent felons, the statute appeared to make way for a nonviolent felon, with a court ordered restoration to be able to have access to firearms and perhaps even be eligible for a handgun permit. This possibility was confirmed by the Tennessee Attorney General in a formal opinion in 2015.
This year, however, it seems that the Legislature is rushing to pass a new bill with the help of the proverbial House problem legislator - Charles Sargent - and with Senator Bill Ketron (who apparently is retiring to run for Rutherford county mayor - make a note of that those of you in the area!) The bill, if passed as amended, will have the effect to permanently prohibiting nonviolent felons from ever getting back the ability to exercise a constitutionally protected right.
Again, the question is why and the answer is sadly the same - law enforcement and those legislators voting for this bill would rather impair constitutional rights than work to protect and restore them. Of course, this also assumes that those legislators who voted for the bill were not deceived by the sponsors or the Tennessee Association of Chiefs of Police into believing that the bill is really just a "technical fix" and not a material substantive change in state law.
TFA urges you to read the legislation as amended and passed by the House and now Senate committees. Ask if this is just more incrementalism directed against the 2nd Amendment and our rights?
Is there some compelling reason for these so called "conservative" Republicans in the Legislature to reverse existing state law which allows nonviolent felons - who can vote, sit on juries and hold public office - to also regain the capacity to exercise their 2nd Amendment rights?
Do these Legislators even understand what they are voting to do? One legislator who has voted for the bill indicated that it was not fully explained and that it was offered as just a "technical" correction to an error in the existing statutes. Really - who believes that particularly when it comes to impairment of constitutional rights?
Right now TFA is just alerting you to what is happening and encouraging you to think through it and contact your legislators.
Let your voice be heard and contact your legislators on this and other legislation. You can identify your legislators on this website tool.
John Harris
Tennessee Firearms Association
Executive Director
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