Subject: TFA: Legislative Update and Calenader 3-15-21 and call for amendments to incremental permitless carry bill

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March 19, 2021

Legislative Report and Calendar - March 19, 2021 - call to action to support REAL constitutional carry

The Legislature is moving rapidly with a variety of bills. The bill status report through March 19 and the report for bills calendared to be heard starting March 22 are included below.

In the bill status and calendar reports, several specific bills are highlighted. Most of these should receive calls of support or opposition.

There are two bills running, HB1161 and HB1160, which would eliminate the "casual sale exception" that allows private sales between individuals to occur without the added cost, expense and delay of having to make that sale through a licensed firearms dealer. This is not an insignificant occurrence since the state estimates it will increase the state's revenue by over $4 million per year to impose this infringement. These bill needs calls in opposition which call for the committees to kill the bills.

Two bills, HB928 and HB446, address the issue of protecting Tennessee's gun owners from federal legislation and executive orders. Neither of the bills have strong enforcement mechanisms or civil remedies and must be amended to include that in order to be effective.. TFA has suggested an amendment to interested House members that would address this concern. Please call the House sponsors and committee members to insist that the TFA supported amendment be added.

HB786 is the Governor's incremental permitless carry bill. It contains several provisions that are not consistent with the scope of the 2nd Amendment and it imposes new infringements which even federal law does not impose The bill is likely moving forward to a floor vote just as the companion Senate bill passed on the Senate floor this week. This bill can and should be amended on the floor to provide that any person who can legally possess a firearm and carry it and any infringements greater that the already burdensome federal standards should be stripped.

HB1388 is another version of permitless carry which would allow any person who can legally possess a firearm to carry it. In that regard, it is much better than the Governor's bill and should be advancing instead.

HB18 is another version of permitless carry which would allow any person who can legally possess a firearm to carry it. In that regard, it is much better than the Governor's bill and should be advancing instead.

Is perfect the enemy of the good?

Some people are content with incrementalism and only achieving minor advances. Sometimes, that is all that is possible. However, that mindset should never be used or advanced as a roadblock to try to derail efforts to get the best most constitutionally consistent laws possible and that is what is occurring on the issue of the inadequate Governor's bill.

Some are saying it is better than no permitless carry, which is true perhaps. But it, the Governor's bill, is not real constitutional carry. It imposes several conditions and infringements that are not contained nor permitted by the 2nd Amendment. To the contrary, the 2nd Amendment denies to government - including the Tennessee legislature - the power to impose any infringements on the individual right to keep and bear arms.

Just this week in a radio interview, Speaker Cameron Sexton stated that he thought that the Republican super majority had the votes to enact a handgun only bill but that he was not sure that a majority of Republicans in the Legislature would vote for a "firearms" bill or, for that matter, one that allowed those 18 and up to carry without a permit. Really? Tennessee's constitutional republic should be subject to the prophesy of a single legislator on whether an issue might pass rather than to actually debate the legislation and have a recorded vote.

When asked this morning on another radio interview with Brian Wilson, TFA rejected that prophesy as a basis for taking "good" over perfect without first trying to improve the legislation. The position that TFA is taking is that the Governor's bill should be put on the House floor for a full debate and vote. However, unlike the Senate under the fist of Lt. Governor Randy McNally, the House should accept the fact that the 99 House members represent 99 distinct groups of citizens and that those 99 members should be held accountable to consider, debate and vote on amendments that are based on the 2nd Amendment. Then, if the House members for FOR the 2nd Amendment, the bill is improved. If they vote against it, the bill stays an incremental half-step towards real constitutional carry and may pass as nothing more than a "good" step rather than a successful step at restoring a constitutionally protected right.

TFA proposes to House members (and we need your support in contacting them to demand it) that the House members offer 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

- 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 amendment pass, we have a better bill - not just a half-hearted "good" 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.

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 settle for what can at best be described as an incremental step in the direction of real constitutional carry - but still a step falling far short of that constitutional goal and mandate.




John Harris
Executive Director
johnharris@tennesseefirearms.com


Joining and supporting TFA is an investment in the fight to restore our constitutional rights and to fight against politicians who are willing to sell their votes and your rights to whichever business interest gives them the most money!

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