This week the Tennessee Legislature passed its annual budget for the
state. That signals for practical purposes that the Legislature is in
“wind down” mode and handling a limited number of matters. The
activity for this week and the calendar for next week reflect this
status.
Events to note during the week ending April 30
HB25/SB1148 is a bill that is intended to strengthen the civil
immunity protections for those who use justifiable force to oppose or
protect themselves from a violent criminal act. This bill passed this
week almost entirely on party lines. TFA has already done a full review on this bill. TFA worked closely with Rep. Chris Todd, Rep. Mike Carter, Rep. Clay Doggett and Senator Dawn White on this bill.
HB18/SB318
– this is the bill by Rep. Bruce Griffey and Senator Joey Hensley that
would have implemented a permitless carry law that is much more aligned
with the Second Amendment that what the Governor and his team pushed
through this year. Although it is set for a final hearing next week in
the House Finance subcommittee, the Senate has already deferred the
bill to the first calendar of Senate Judiciary in 2022 killing this bill
for this year.
HB446/SB557 is titled the “Tennessee Firearm
Protection Act”. It passed both houses this week and is expected to
become law. The bill amends existing Tennessee Code Annotated Section
38-3-115 but the amendment is really nothing of substance. An
amendment to the bill added this language “A violation of this
section by a state or local government entity may be reviewed by the
office of the attorney general and reporter and the general assembly and
may result in the entity’s loss of funding from the state for the
fiscal year following the violation.” However, the language does
nothing to protect Tennesseans or their rights. Stating that a
violation “may” be reviewed by the “attorney general and reporter and
the general assembly” raises the question of whether both of them have a
duty to review alleged violations and/or if either of them can act
independently. Further, the only consequence contained in the new
legislation is that a violation “may” result in loss of state funding
for the next fiscal year. But, the Legislature already had that
authority even without the language being added to the statute. So, it
appears that the bill will be something to claim in a victory lap but
there does not appear to be anything in it that really protects our
rights if a local official or state official or state or local agency
decides that they want to aid and assist Joe Biden or the federal
government infringe our rights.
HB928/SB1335 is referred to as
the Tennessee Second Amendment Sanctuary Act. It has passed in the
Senate and is set for the House floor on May 3. The bill declares that
any “law, treaty, executive order, rule, or regulation of the United States government“,
that either the US Supreme Court or the Tennessee Supreme Court has
declared violates the 2nd Amendment or Article I, Section 26 of the
Tennessee Constitution is “null and void”. Note that the law does not
apply to state laws nor does it apply to local ordinances. Further, it
is not clear what this accomplishes since it is generally the
consequence that a law or enactment is void if either of those courts
declares that it violates either the state or federal constitution, at
least in Tennessee. Once such a judicial declaration has occurred, the
legislation prohibits state and local officials from enforcing the
subject law and states that doing so would make that person subject to a
separate action for removal from office.
Bills on notice for the week of May 3
Among the bills that are reflected in the report to be heard next week are:
HB761/SB551
would remove the sales and use taxes on gun safes and firearms safety
devices. It is set for hearing in the Senate Finance Committee and the
House Finance Subcommittee on May 3.
HB928, the Second Amendment
Sanctuary Act, is set for the House Floor on May 3. We are not aware of
any amendments that would strengthen the bill.
Finally,
the TFALAC (TFA’s political action committee) has set its annual BBQ
lunch and auction for Saturday, September 4, 2021 at the Farm Bureau
Expo Center in Wilson county, Tennessee. Please sign up as sponsors, vendors or purchase your tables and tickets before we sell out. |
