TFA’s 2018 Legislative Report

Tennessee Firearms Association 2018 Legislative Report and Review

The 110th General Assembly has concluded its business and all of the legislation that was passed has been either signed by the governor or allowed to become law. There are 15 such new laws and/or amendments to existing laws.

How did the Tennessee Legislature, which is under the complete and total control of a Republican super majority, do?

Pitiful. Based on their actions this year there is really no evidence that the Republican super majority, as a whole, is a strong proponent and defender of those individual and personal rights which are recognized and protected by the 2nd Amendment and Article I, Section 26 of the Tennessee Constitution.

This year there were bills introduced by a number of strong 2nd Amendment advocates which would have implemented changes that would have made Tennessee a much better state for the free exercise of our constitutionally protected rights. Indeed, we tracked 57 bills that were either introduced or which had activity after January 1 of this year.

There were good bills that would have done the following:

• implement “constitutional carry” which at least 13 other states already have;
• implement permitless open carry which approximately 30 states already have (including every state that touches Tennessee except for Georgia);
• implement the 2018 Second Amendment Protections Act (a significant rewrite of several existing laws) in order to bring them more in compliance with the 2nd Amendment’s prohibitions against government infringements;
• remove all local regulation or posting of public parks and recreational facilities;
• implement the 2018 Second Amendment Civil Rights Act of 2018 which would have prohibited local governments from refusing to rent public venues (that are made available for rental) to groups or entities that have functions related to the 2nd Amendment, firearms, or hunting;
• prohibit the use of state tax dollars to enforce federal laws, rules, regulations or orders impacting the rights protected by the 2nd Amendment;
• allowed permit holders to carry anywhere an off-duty officer can carry;
• allowed carry on school grounds;
• allowed full restoration of rights to those with non-violent felonies but who have been judicially restored to their “full rights of citizenship”;
• allowed permit holders to carry in any part of an airport that is “unsecured”;
• remove the automatic criminal sanctions for violating a “posted property” notice;
• restrict and substantially limit the Tennessee Department of Safety’s over-regulation of the handgun permitting process particularly as it relates to micro management of the schools and instructors;
• remove the sales tax on gun safes; and
• allowed school employees who have handgun permits the option to carry on school grounds.

None of these passed.

More importantly, none of these bills made it to the floors of either the House or the Senate for a full and public debate. That is a critical point because it means that a mere handful of legislators, as few as 4 or 5 in some instances, derailed the legislation in the “committee system.” Most legislators are not even aware that these bills were pending. It could be said that perhaps more than 90% of the citizens of this state were effectively disenfranchised from having any voice on these issues because their elected representatives or senators never had the opportunity to debate or even vote on these issues since the bills were stonewalled in the “committee system” that is designed, appointed and controlled almost entirely by Speaker Beth Harwell and Lt. Governor Randy McNally.

So, what did pass in the package of 15 bills that are the 2018 public chapter package? A list of all 15 public chapters with sponsor information and summaries can be viewed in this report.

SB2059/HB2129 (Public Chapter 1008) was filed by Sen. Mark Green and Rep. James (Micah) VanHuss. The original bill was described as legislation to change the reporting date by which money collected from Federal Firearms Licensees would be reported by TBI. Of course, that turned out to be a misdirection as the bill was amended to become the “School Safety Act of 2018″. The bill does not allow permit holders who are employees, or permit holders in general, to carry on school grounds. As finally amended and passed it is a complex bill that creates a process whereby a local board of education can adopt written policies and enter into written “memorandum of understanding” with law enforcement agencies (like local police departments and sheriffs departments) to authorize the school to use off-duty law enforcement officers as additional or supplemental armed security for a school. The problems with the legislation are numerous and it may not result in any meaningful increase in school security across the state and, to the extent it results in any increase, there are substantial costs and unresolved questions (such as who is liable if an off-duty officer is involved in a shooting or injured, does the off-duty officer’s pay for school services impact the officer’s pension or government benefits, etc.) What the legislation does do is evidence the continuing refusal of a Republican super majority to pass legislation which allows state approved handgun permit holders to have handguns on school grounds even if evidence otherwise shows that doing so is a meaningful step towards reducing or eliminating mass public shootings on school grounds.

SB2369/HB2370 (Public Chapter 823) was filed by Sen. Rusty Crowe and Rep. James (Micah) VanHuss. This legislation slightly alters Tennessee Code Annotated § 39-17-1359 to provide that a property owner/manager/tenant who wants to post the property as a gun free zone can do so either by posting signage that either bans all firearms or bans all firearms with the exception of those carried concealed by handgun permit holders. The law specifies the language that has to appear on the sign, the minimum size of the language and the requirement for a “no guns” graphic of the common circle-slash over a handgun. The language has to be a minimum of 1″ high and 8″ wide and must also contain the phrase “As authorized by T.C.A. § 39-17-1359″. The image must be a minimum of 4″ by 4″ and contain “a circle with a diagonal line through the circle and an image of a firearm inside the circle under the diagonal line.” In addition, the “diagonal line shall be at a forty-five degree (45̊) angle from the upper left to the lower right side of the circle.”

SB2609/HB2550 (Public Chapter 906) was filed by Sen. Dolores Gresham and Rep. Dawn White. This new law, as amended, authorizes but does not require local education agencies (“LEA”) to offer noncompulsory gun safety classes in elementary schools. It is silent about middle and high schools. It anticipates that the programs would teach these elementary school students “the rules or principles of gun safety developed by an organization specializing in firearms training and safety….” TFA does not expect the bill to accomplish anything. The original bill was quite different and perhaps would have been a positive step. It provided that “The state board of education shall develop academic standards for a comprehensive firearm education course to be offered as an elective in high school. The course shall incorporate history, mathematics, and science related to firearms and firearm safety education as recommended by law enforcement agencies and firearms associations. The course of instruction shall not permit the use or presence of live ammunition.” The original bill was gutted by an amendment in the House which amendment (HA1165) designates Charles Sargent as the sponsor which amendment is much less beneficial, if at all.

The remainder of the new laws are less beneficial to the average citizen than these three. The other bills do things like create special exemptions for certain special classes of citizens to handgun permit training requirements or fees based on their jobs or former jobs or services – that is, they pander to specific groups and in several instances at the expense of other taxpaying or fee paying citizens.

Looking forward to 2019.

Many of the legislators (like Speaker Beth Harwell) and the Republican governor who have been the problems over the last 8-10 years are not returning in their existing roles in 2019. Indeed, about 1/3 of the House of Representatives will likely change, a few senate seats will change and, of course, there will be a new governor. What should Tennesseans, in their roles as voters, be looking for in these candidates as the election cycle continues?

First, do not accept anyone’s statement that they support the 2nd Amendment or the Tennessee Constitution (most don’t know what it says on this issue) unless there is a proven, documented voting or sponsorship history. There are only a handful of regular, proven 2nd Amendment supporters who are out there and it is not always those who are sponsors of the bills.

Second, do not accept subjective scores or opinions or ratings about whether a candidate has received some academic rating from some organization. Those scores might be influenced by considerations other than actual history or support. Insist on seeing actual bill votes, surveys and if available individual responses to surveys.

Third, do not accept verbal assurances in speeches, meetings, or even emails. Insist that promises be written, signed by the candidate, clear, unequivocal, and specific.

Fourth, you need to identify what are the primary legislative goals for you. For Tennessee Firearms Association, these would include

• passage of constitutional carry of any weapon with an optional permit for reciprocity purposes.
• passage of state pre-emption which prohibit state and local governments from posting “gun free zones” on public buildings, properties and parks unless there is a compelling demonstration of need for armed security at the location (this would probably be limited to places like secured sections of jails, prisons, and perhaps criminal docket courtrooms).
• passage of a 2nd Amendment civil rights act which provides civil remedies and damages against government agencies which infringe rights under the 2nd Amendment.
• remove criminal sanctions under the “posted properties” statute.
• allow permit holders to carry at all times and in all places that an off-duty law enforcement officer can carry.
• prohibit expenditure of any state or local tax dollars (including grants) from being used to enforce any federal law, regulation, rule or ordinance relating to restrictions on firearms or ammunition.
• simplifying all of the firearms statutes so that the laws are clear and simple to understand.

Fifth, if you are looking at the candidates for governor understand that none of them have indicated any binding or unequivocal support for any of these goals.

Sixth, pay attention and discuss with the candidates who they support for the next Speaker and the next Lt. Governor. Be mindful also that although Beth Harwell, who has been a problem, is not returning as Speaker there are one or more just like her (or worse) who appear to be working hard to convince other legislators and candidates to support them. TFA will address this more later since that vote will not happen until late November or December.