On Monday, March 15, 2021, on the Brian Wilson show on 99.7 FM in Nashville interviewed Speaker Cameron Sexton on several hot legislative topics and included in that interview a series of questions about the three pending permitless carry bills in Tennessee. We want to thank Brian Wilson for raising these important questions.

Brian Wilson asked Speaker Cameron Sexton initially about the concerns that some Tennesseans and GOP supporters are raising that the Governor’s Bill (HB786) is not “true constitutional carry” because it excludes all firearms except for handguns. In response, Speaker Sexton stated that in Tennessee currently you can carry a firearm “just not loaded” (see Endnote #1) but then he stated that the Governor’s Bill only addresses handguns. He stated that he thinks the Governor’s bill is the most likely to move forward because it is “funded” referencing the likely inclusion of the almost $20 million projected annual cost of the Governor’s bill in the Governor’s proposed budget.

When discussing the handgun only limit in the Governor’s bill, Speaker Sexton described the Governor’s bill as “one good step in getting us towards true constitutional carry”. He also said that “this is the first step to get permitless carry in the state of Tennessee.” He also stated that “this is a great first step and we have been trying to get this step now for over a decade.

When asked by Brian Wilson about whether there was support for making it a firearms law instead of a handgun only law, Speaker Sexton stated he did not think that there was enough support in the Legislature at this time to do that. Keep in mind that Speaker Sexton is the leader of the Republican caucus in the House and it holds a significant super majority in the House. If there are not enough votes it is because a significant number of House Republicans are unwilling to support REAL constitutional carry.

These statements by Speaker Sexton are clear indications, similar to the statements previously noted by Senator Mike Bell and Senator Kerry Roberts during the Senate Judiciary hearings, that the Governor’s bill is not true or real constitutional carry but that it is only an incremental step in that direction. Of course, the indication is it is “constitutional carry” to the extent that constitutional carry only means for them that a limited number of citizens can carry only handguns.

Brian Wilson also asked if the problem in passing real constitutional carry was with the Lt. Governor, Randy McNally. Speaker Sexton said “I think there is more blockage than just the Lt. Governor” which suggests that other reports from internal sources which are indicating that Lt. Governor Randy McNally is the main roadblock on passage of this legislation may be accurate.

This interview underscores that there are perhaps many legislators in the Republican super majority who do not fully support the idea that anyone who can legally own a firearm has the right to carry that firearm just as the Second Amendment provides. Instead, they prefer to retain infringements such as age restrictions and restrictions on the types of arms to push legislation that can more accurately be described as “partial permitless carry”.

One must wonder why, as Speaker Sexton has stated, the effort to enact real constitutional carry has been a battle taking place now for the entire decade that the Republicans have held as a party a super majority in the Legislature. Clearly, one answer is that there are several if not many who identify as Republicans and who likely campaign as 2nd Amendment supporters that otherwise believe that there is a huge “but” at the end of the Second Amendment.

Other than apparently Lt. Governor Randy McNally, who are these other legislators that Speaker Cameron Sexton references and has apparently talked with yet who remain unnamed?  Other than Legislators, are there others such as state agencies, the Tennessee Sheriffs' Association, the Tennessee Chiefs of Police or even others who are influencing legislators to block real constitutional carry?  We should be calling and writing Speaker Sexton to find out who these other legislators are (and perhaps even the governor) so that their constituents can be fully informed and can contact their legislators to express their beliefs and desires and, if not successful, perhaps even primary them out of office.

If you want to see real constitutional carry this year and not just some partial or incremental version of permitless carry being “identified” as constitutional carry, then it is important that you

Endnotes:

1) In Tennessee an “unloaded” firearm is defined in Tenn. Code Annotated Section 39-17-1301(17) as follows: ” “Unloaded” means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.” (emphasis added) Thus, if a person has a firearm with no ammunition in it but there is ammunition on the person or in the vicinity of the firearm it is by definition not an “unloaded” firearm.