News organizations across the state of Tennessee are talking about the fact that some Tennessee legislators are considering legislation that might eliminate the requirement that citizens have state issued permits to exercise a constitutionally protected right. At the same time, Tennesseans are demanding that the Tennessee legislature enact a law to eliminate the requirement that they get a permit as a defense to a criminal charge of carrying a handgun in Tennessee. But those who know history know that this is not news.
When TFA was founded a quarter century ago, we talked with legislators about “Vermont carry”. That term came from the fact that Vermont was at that time the only state in the nation that allowed its citizens to carry firearms without a permit. In Vermont, that right has been protected since it became a state.
While TFA has been working to remove the infringements on our rights as recognized under the 2nd Amendment in Tennessee over the last quarter century, a total of approximately 17 states have adopted constitutional amendments or laws to make clear that citizens in those states do not need a permit from the state to exercise a constitutionally protected right. Indeed, about 30 states allow the free exercise of that right so long as the firearm is visible, that is, carried openly.
The effort to remove the infringements in Tennessee is not something that just arose this year. It did not arise suddenly last year with Bill Lee’s announcement that he would “introduce” such a bill as governor. The effort goes back almost to at least TFA’s origins.
In 2010, for example, TFA pressured Bill Haslam on the campaign trail until he finally assured members that he would support constitutional carry in Tennessee. See video. Of course, he never did.
In 2014, TFA supported legislation from Senator Mae Beavers (SB2424) which overwhelmingly passed the Senate 25-2 (2 did not vote). The Senators who voted for the bill were Beavers, Bell, Bowling, Campfield, Crowe, Ford, Gardenhire, Green, Gresham, Henry, Hensley, Johnson, Ketron, Kyle, Massey, McNally, Niceley, Norris, Southerland, Stevens, Summerville, Tracy, Watson, Yager, and Mr. Speaker Ramsey. The two voting against it were Democrats Burks and Harper. Two others were present but did not vote at all: Finney and Kelsey. The bill did not pass that year because it was killed in the House Finance committee, which was controlled by the GOP, on a 1 to 10 vote.
In 2016, then Senator Mark Green carried TFA supported constitutional carry bill (SB1483) to a Senate Judiciary hearing. The Committee was controlled by Republicans. However, the bill died with 4 yes votes, 4 notes votes and one senator present but not voting. Senators voting yes were Bell, Bowling, Kelsey, and Roberts. Senators voting no were: Harris, Kyle, Overbey, and Stevens. Senator Gardenhire could have voted yes and the bill would have moved forward but he cast no vote at all.
There have been numerous other bills to enact permitless open carry, permitless concealed carry and true constitutional carry in the last 25 years. Other states are passing by Tennessee and are seeing no apparent problems from doing so. Perhaps this is the year that the Tennessee Legislature shows Tennesseans that it believes our rights matter and that “shall not be infringed” is not just a campaign slogan.
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