Legislative committees are closing down. Soon, we will know what 2nd
Amendment related issues are going to be enacted by the Republican
super majority and which are not. Never, never forget that with the
super majority, the failure to enact any legislation or the enactment of
legislation. good or bad, is solely the act of the Legislature’s
Republican caucuses. Incrementalism and half-steps may seem like
progress but the fact that it is a half step by a super majority is
significant and must be noted for the 2022 election cycle.
So, what happened this week and what is coming up next week?
The
Senate Judiciary committee failed to take up, much less move forward,
on Senate Bill 318 (House Bill 18) which was a bill by Senator Joey
Hensley and Rep. Bruce Griffey that would have come much closer to real
constitutional carry than the Republican caucus did in the Governor’s
bill. The Senate Judiciary deferred Senate Bill 318 to approximately
February 2022. It is noteworthy that this bill had 30 House co-sponsors
including Rep. William Lamberth who was the primary sponsor of the
Governor’s bill. This bill had made it through the primary committees
in the House and was placed “behind the budget” in the House which was
not significant because the budget estimate on the bill was already
covered by substantially the same budget estimate on the Governor’s
bill.
House Bill 446 (Senate Bill 557) was moved forward by the
House Civil Justice Committee. Although titled the Tennessee Firearms
Protection Act and referred to by some as a “sanctuary state” bill, this
bill lacks any meaningful enforcement provisions and is otherwise
substantially the same as a law enacted in 2015 that is also so weak
that it has never been enforced. This bill could be amended (and TFA
has offered language) to give it enforcement mechanisms against the
Biden-Harris agenda but those amendments have not been added to the bill
at this point.
The Governor signed his landmark crime package
which contained a provision that makes it an exception to the crime of
carrying with intent to go armed if about 7 conditions are met. This is
the Governor’s “permitless carry” bill and is sometimes referred to in
the media and by the Governor as “constitutional carry”. It goes into effect July 1, 2021. While the bill
may allow some individuals to carry under certain limited conditions
and restrictions, it falls far short of real constitutional carry. For
the time being and in light of the risks and ambiguities that are
created by this legislation, most people would be better served by
continuing to obtain the state’s enhanced handgun permit.
House
Bill 1160 (SB 1040) which would have attempted to eliminate the casual
sale exception in Tennessee and would have required most private sales
of firearms to be conducted through a licensed dealer was taken office
notice in a House subcommittee. This is a bad bill (there are 2
versions of it) and all efforts need to be exercised to defeat this
legislation.
The Senate Judiciary killed Senate Bill 1333 (House
Bill 899) which would have created a “civil rights” cause of action
against government entities, mainly local governments like Nashville and
Memphis, that infringed the 2nd Amendment rights of Tennesseans.
Senate
Bill 1335 (House Bill 928) is called the Tennessee Second Amendment
Sanctuary Act. This bill could be amended to provide real enforcement
protections against the Biden-Harris anti-2nd Amendment agenda and TFA
has offered language for such an amendment. At present, the bill lacks
meaningful enforcement provisions and if enacted would not materially
improve the situation that exists based on laws already enacted several
years ago which have never been enforced because they also lack
enforcement provisions.
Senate Bill 1391 (House Bill 1388) was
perhaps the best chance this year to get to real constitutional carry.
The House had moved the bill forward and its ready for consideration in
the Finance subcommittee. However, when it was heard in the Senate
Judiciary this week not a single Republican member of that committee
made a motion to move it forward and the bill failed in the Senate
Judiciary which is totally under the control of Republicans.
What is set for hearings the week of April 19?
As
the attached report shows, there are several bills that are on calendar
to be heard next week. Only a few are significant for 2nd Amendment
issues.
House Bill 928, the Tennessee Second Amendment Sanctuary
Act, is set to be heard Monday night on the House floor. As written,
its “form over substance” because substantially the same law was enacted
in Tennessee in 2015 and has never been enforced. This bill lacks any
meaningful enforcement mechanism or consequences for state or local
agencies that violate the bill’s provisions. While it might “send a
message”, it lacks consequences. TFA has authored amendment language
and offered it but that amendment (nor any form of it) has been added to
the bill at this point.
Senate Bill 1148 is set for hearing in
the Senate Judiciary on Tuesday. This bill has already passed the House
by overwhelming numbers. It would prohibit the filing of civil actions
related to self-defense cases until after the criminal investigations,
if any, are concluded. This is one of TFA’s top priorities to improve
civil immunity. PLEASE CALL
THE SENATE JUDICIARY MEMBERS and LT. GOV. RANDY McNALLY to insist that
this bill be pushed forward and enacted this year.
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