For years we, as Tennessee’s gun owners, were told that if we supported the Republican candidates that they would deliver on removing the infringements on the 2nd Amendment in Tennessee.
After almost 8 years now, we see that this promise was, at most, nothing more than an empty promise as applied to the caucus as a whole. This legislative session is almost over. Many of these “Republicans” are retiring or running for other offices. What is clear is that the core promises that were made over the last 8 years were not kept at least at this point. Bills on constitutional carry and to eliminate gun free zones seem to have met with resistance and stonewalling — but not passage.
There are many bills which exemplify the problem. One of them was unanimously approved by the Senate Judiciary this week after being approved by two full House committees previously.
SB2528 / HB2254 was heard in Senate Judiciary this week and received affirming votes from every Republican in the committee as well as both Democrats ( Bell, Bowling, Harris, Kyle, Lundberg, Roberts, Swann, and Kelsey). TFA put out a press release on this bill this week which warned our members that this is a very dangerous bill and one which is a direct attack on 2nd Amendment rights of certain citizens whose “full rights of citizenship” have been restored by court order.
Under current Tennessee law, a person with a nonviolent felony conviction cannot possess a handgun (TCA 39-17-1307(c)).
However, those nonviolent felons can petition a court for the full restoration of their rights as citizens once they complete their sentence (TCA 40-29-101 et seq). Under TCA 39-17-1308(b), these nonviolent felons are entitled to rely on a list of defenses to a charge that they possessed a handgun with intent to go armed.
The handgun permit statute even contains language that Department of Safety cannot deny a handgun permit to an individual who has had “the applicant’s full rights of citizenship duly restored pursuant to procedures set forth within title 40, chapter 29, or other federal or state law”.
The Tennessee Attorney General seems to concur that non-violent felons do have a path by which they can regain their capacity to possess firearms. See, AG 15-75 (“Tennessee Code Annotated § 39-17-1351(j)(3) affords other classes of nonviolent felons and persons who were convicted of felony drug offenses involving marijuana with another means for restoration of firearms rights. It provides that a person who has obtained a restoration of rights under Tenn. Code Ann. § 40-29-101 may obtain a handgun carry permit….”).
SB2528 / HB2254 (which is carried in the House by Charles Sargent) would change current law materially by denying nonviolent felons who have had their rights restored by court order the capacity to rely on these statutory defenses and potentially even to truly get a full restoration of rights.
TFA has talked with one legislator who voted for the bill. That legislator was in shock when the effect of the bill was explained because the bill had been rushed through and was described merely as a minor technical correction. The Fiscal Note on the bill however indicates that an estimated 166 citizens would be arrested and convicted each year if this law changes.
TFA has also formed the belief that the bill is being pushed by the Tennessee Chiefs of Police Association and, if so, it may also be supported by the Tennessee Sheriffs Association although we have not confirmed that at this point. TFA also understands that the bill was “discussed” with the NRA’s lobbyist.
This is an example of legislators voting, perhaps even under false pretense, to take away and further impair the constitutionally protected rights of citizens – in this instance nonviolent felons who have had their “full rights of citizenship” restored by court order.
Reach out to your own legislators and ask them why are they supporting bills which take away rights rather than expand them.
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