Tennessee is in the midst of an awakening as citizens across the state are increasing their interests in firearms, ammunition and the ability to carry firearms. News reports are commonly seen about gun stores being out of or having low inventory of firearms and ammunition. The volume of gun sales by federally licensed dealers are putting a strain on the Tennessee Instant Check system which provides the background checks.

Tennessee is a state of just under 7 million people. Reports from Tennessee Bureau of Investigation document that since 2008 – the year of Obama – Tennesseans have been purchasing about half a million firearms a year from federally licensed dealers. That would equate to about six million firearms purchased in Tennessee from licensed dealers in just the last 12 years. And now, the volume and the demand are likely much higher than that 12 year trend would have projected – all due to a virus.

One might also assume that the interest and demand by citizens to carry these firearms for self-defense has also increased. Tennessee Department of Safety data shows that as of the end of February 2020 – before this interest exploded – that there were 659,513 handgun permit holders in the state. Yet, as a result of the Covid-19 crisis the Department of Safety is likely having a hard time staffing its stations to handle any increased demand regarding the in-person handgun permit applications.

The question Tennesseans may be asking is what will the Tennessee legislature do, if anything, in response to these circumstances. What can the Governor do, if anything?

First, on the issue of the Governor, one might wonder whether his emergency powers (Tenn. Code Ann. § 58-2-107) would give him the discretion to suspend any requirements that citizens have a handgun carry permit in order to carry a firearm during this declared emergency. Clearly, state government is suspending some laws such as statutes of limitations, statutes of repose, even the expiration of drivers licenses and car tags. Why not suspend the requirement for a handgun permit particularly since he had proposed legislation just a few weeks ago to do just that?

What some citizens are also asking is can the governor or local governments do anything that would close or limit access to distribution chains for firearms or ammunition. Can they seize privately owned firearms? Can they issue orders expanding gun-free zones? The existing statute on the governor’s emergency powers (Tenn. Code Ann. § 58-2-107) prohibits those options: