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:
(e) In addition to any other powers conferred upon the governor by law, the governor may:Returning to the Legislature, we can examine what it has done in 2020 so far. Although it had many 2nd Amendment themed bills pending before it abruptly suspended operations in March, it only passed one of those HB2023/SB1571. That legislation created the capacity for certain employees of the Department of Corrections to carry firearms. That law has nothing of benefit of 2nd Amendment concerned citizens.* * *
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, or combustibles, which terms shall not be construed to include firearms, ammunition, or firearm or ammunition components;
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(m) During any state of emergency, major disaster or natural disaster, the state, a political subdivision or a public official shall not prohibit nor impose additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms and ammunition or firearm and ammunition components.
Did the Legislature enact any laws so far in 2020 that directly had the effect of removing state imposed infringements on the rights of citizens which are declared to be beyond government infringement by the 2nd Amendment? No, not yet. Perhaps not this year at all.
Certainly, there was at least a few bills which were being discussed that TFA supported. Then there was also the governor’s legislation which would have created a qualified exception to a criminal charge of illegally carrying a firearm for some citizens – but not all – who can legally purchase or possess firearms.
At this point we don’t know if something might still pass in this election year. The Legislature has indicated that it plans to return around June 1, 2020, to resume business. Likely, any such continuation will be brief since it is also an election year and those up for re-election are facing their primary races the first week of August. The pressure could be significant to conclude any business in a rush, perhaps asking us again to “trust them” and then adjourn permanently to campaign and look towards 2021.
If you want to see true constitutional carry passed in 2020 and want to see other infringements, like the ability to carry in parks and greenways, eliminated there is still a brief window of time. If you want to see these infringements removed – forever – then its critical during this Legislative recess to talk with your individual legislators and impress on them that if they get a chance they must, must pass true constitutional carry (not just another defense) and eliminate infringements on the rights of citizens to carry in public parks, greenways and public buildings and facilities.
If you do not know who your legislators are or how to reach them – you can look them up on the Legislature website which has a lookup tool.
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