August 22, 2023, is the second day of Bill Lee’s Special Session and
the overt attack on numerous rights, not just Second Amendment Rights. As of
8:15 a.m. on August 22, the Legislators have filed:
The volume of bills as well as the practically limitless scope of the
bills underscore that this special session is constitutionally suspect
because the state constitution expressly limits the use of special
sessions to circumstances to address an “extraordinary occasion” and to
an objective that has a specific purpose. This is however nothing more
than a free-for-all attacking of the rights of Tennesseans including
Second Amendment rights.
Some statements have been made by some
Republican legislators (and at least one Nashville radio host) that no Red Flag law will pass. That said, there
is no doubt that a Red Flag law is within the scope of item 12 on the
Governor’s
proclamation.
However, a Red Flag law could be filed under any of the other items in
the proclamation that seek to address mental health issues, stalking,
juvenile crime or simply court reform. Further, the captions on many of
the bills would easily allow amendments to be made that would
constitute Red Flag laws.
Further, while some Republican
legislators have said that no Red Flag laws will pass, far fewer have
stated that no laws that would have any negative impact on 2nd Amendment
protected rights would pass. That risk remains and the bills, such as
the bizarre “
voluntary no firearms purchase registry” proposal by Republican Rep.
Sabi Kumar, evidence both in their original language and in their captions a
willingness of at least some Republican legislators to enact gun control
in the special session.
Finally, when you hear the assurances
of some Republican legislators that they will not tolerate any gun
control laws to be passed, remember this uncontested fact. In 2021,
Bill Lee called for the passage of his “constitutional carry” law. Set
aside for the moment that it was not constitutional carry, that he
apparently never understood it was not constitutional carry, and that
the bill instead was a multi million dollar crime package that included
an affirmative statutory defense to carrying a firearm with the intent
to go armed. What is important to understand is that 2021 law – the
darling of Governor Lee and many in Republican leadership – is one of
the few if not the only Second Amendment relevant laws to pass since
2010 (when the Republicans attained a super majority plus the office of
Governor) which has been
identified in a federal court settlement as
a direct violation of the Second Amendment, a violation of the 14th
Amendment and that constitutes a federal civil rights violation
(see
settlement agreement on the TFA's website report). If some of these Legislators
and Bill Lee will celebrate the passage of a law that was declared
unconstitutional on Second Amendment grounds in federal court
proceedings, are your constitutionally protected rights safe in a
special session in their hands at this time?
