The Governor’s crime bill, which includes a provision on permitless carry for some
but not all who can legally possess firearms, is set to be heard on
Monday night, March 29. A Democrat House member has already filed
several proposed amendments to the bill – all of which should be voted
down. Several House members are expected to file desirable amendments
that would address several failings of the Governor’s bill.
TFA
is expecting several amendments to be offered on Monday. Those
amendments that have been discussed with TFA do appear to significantly
improve the “permitless carry” aspects of the Governor’s bill. TFA
supports amendments which would allow anyone who can legally possess a
firearm to carry it.
Why does TFA support the concept that
anyone who can legally possess a firearm can carry it? Because we are
talking about a right which the US Supreme Court says is a fundamental
human right and a right which the Supreme Court has held exists
independent of the US Constitution or any state law. It is a right
that the 2nd and 14th Amendments protect at a very high level by
declaring simply it “shall not be infringed” by the federal, state or
local governments.
But some say “shouldn’t we limit it to only
those 21 (or older) and up?” No. The Second Amendment clearly
contemplates that the right is protected, at a minimum, to all who are
legally subject to a militia call or to be drafted to military service.
At the time of its writing and today, that threshold age at a minimum
included all who were 18 years of age. A threshold age above 18 is a
clear violation of the rights of those members of society. There is no
“but” or “unless” at the end of the Second Amendment which would allow
such exclusion to constitutionally exist.
Then Bill Lee and
others will argue, as they already have in the bill’s hearings, that
this should only be a “handgun” bill. The Second Amendment speaks of
“arms” not handguns. While we fully expect the overwhelming majority of
those who are able to carry will chose handguns and will carry
concealed, the 2nd Amendment prohibits infringements as to “arms”. As
news media reports reflect over the years of demonstrations in other
states, other states allow all firearms not just handguns. Any advocate
of a handgun only provision is an advocate against what the Second
Amendment full scope obviously protects from government infringement.
We
also expect amendments that would equate carrying under this new
“exception” (the Governor’s bill does not eliminate the crime of
carrying a firearm, it only goes so far as to create an exception if
certain conditions are met) with having an enhanced permit. This is an
huge omission in the Governor’s bill because if the Governor’s bill
passes “as is” individuals relying on it could be criminally charged for
being in a park, on a greenway, at a campground, when leaving their
handgun stored in their car at work, etc. All of these prohibitions are
in separate statutes that the Governor’s bill intentionally omits.
We have heard Speaker Cameron Sexton say
that he thinks there are enough Republican votes in the House to pass
the Governor’s crime bill without amendments. In the radio interview,
he suggests that perhaps approximately 10 Republicans would not vote for
it as it is. In that same interview, he suggested that the number of
Republicans voting against the bill would increase
if it was amended to remove or reduce some of the infringements that it
perpetuates. From a review of social media postings by some
legislators as well as emailed responses to their constituents, we
already know who some of the Republicans are who oppose the idea that
citizens have certain rights that “shall not be infringed”. Indeed,
the Senate vote on the identified Senators Richard Briggs, Brian Kelsey
and Rebecca Massey as Republicans opposing even the Governor’s weak
effort. (Sen. Ferrell Haile is not recorded as voting either way).
It would be a great service to all Tennesseans if the identities of
those House members “who shall not be named” were made known prior to
today’s vote so that their constituents could address them in advance of
the vote – but those names have been withheld.
The Governor’s
crime package might allow some people who can legally possess a firearm
to carry only a handgun and only in some places. To that extent, its
proponents can claim that it is a step toward real constitutional carry.
It is an incremental move as Senator Kerry Roberts stated. It does
push the ball some distance down the field as Senate Judiciary Chairman
Mike Bell stated. At the end of the day, if that is all that passes,
then it will benefit some groups of Tennesseans by allowing them to carry on most public streets and sidewalks.
If
all of the amendments identified above are added to the bill, it is a
much greater leap in the battle to remove the known infringements that
the state of Tennessee has intentionally and unconstitutionally thrust
against your rights now for many decades. If all of the amendments are
added to the bill, it is a much better bill constitutionally. TFA is
encouraging everyone to look up the names of their House members today,
call them or go see them and insist that they support the expected
amendments that would allow any person who can legally possess a firearm
to carry that firearm on at least most publicly owned property and
buildings in the state, in parks, on greenways and to enjoy the benefits
of the school grounds and safe commute laws that already apply to
permit holders.
TFA
proposes to House members (and we need your support in contacting them
to demand it) that the House members offer and support amendments to the Governor's
bill that would do the following:
- allow any individual who can legally possess a firearm carry that firearm
- eliminate the handgun only restriction
- eliminate the "right to be" provision
- eliminate any provision that imposes any infringement greater than what is found in current federal or state law regarding firearms ownership or possession
-
eliminate gun free zones for those who carry legally without a permit
just as if the person held an enhanced permit (e.g., in public parks, on
greenways, etc.,)
If
these amendments pass, we have a better bill. If all these amendments pass, we have a much better bill.
If none of them pass, well, at least the voters will have had their
voices heard through their elected officials and the de facto
disenfranchisement that otherwise occurs will be minimized. If despite these amendments only the bare bones bill that Bill Lee offered should still pass, then that is still an opportunity for some Tennesseans to carry in a few public places without a permit all while having the state budget increased for the Governor's crime package.
Call your legislators today and insist that these TFA supported
amendments be offered, debated and that they have roll call votes on the
floor.
TFA would also like to encourage the NRA, GOA, NAGR and other national organizations and their members to support the call for floor amendments and lets get the best bill that is attainable this year rather than just settling for what several legislators have described as an incremental step (Sen. Kerry Roberts) in the direction of real constitutional carry.
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