The Governor’s crime bill, which includes a provision on permitless carry for some but not all who can legally possess firearms, is set to be heard on Monday night, March 29. A Democrat House member has already filed several proposed amendments to the bill – all of which should be voted down. Several House members are expected to file desirable amendments that would address several failings of the Governor’s bill.
TFA is expecting several amendments to be offered on Monday. Those amendments that have been discussed with TFA do appear to significantly improve the “permitless carry” aspects of the Governor’s bill. TFA supports amendments which would allow anyone who can legally possess a firearm to carry it.
Why does TFA support the concept that anyone who can legally possess a firearm can carry it? Because we are talking about a right which the US Supreme Court says is a fundamental human right and a right which the Supreme Court has held exists independent of the US Constitution or any state law. It is a right that the 2nd and 14th Amendments protect at a very high level by declaring simply it “shall not be infringed” by the federal, state or local governments.
But some say “shouldn’t we limit it to only those 21 (or older) and up?” No. The Second Amendment clearly contemplates that the right is protected, at a minimum, to all who are legally subject to a militia call or to be drafted to military service. At the time of its writing and today, that threshold age at a minimum included all who were 18 years of age. A threshold age above 18 is a clear violation of the rights of those members of society. There is no “but” or “unless” at the end of the Second Amendment which would allow such exclusion to constitutionally exist.
Then Bill Lee and others will argue, as they already have in the bill’s hearings, that this should only be a “handgun” bill. The Second Amendment speaks of “arms” not handguns. While we fully expect the overwhelming majority of those who are able to carry will chose handguns and will carry concealed, the 2nd Amendment prohibits infringements as to “arms”. As news media reports reflect over the years of demonstrations in other states, other states allow all firearms not just handguns. Any advocate of a handgun only provision is an advocate against what the Second Amendment full scope obviously protects from government infringement.
We also expect amendments that would equate carrying under this new “exception” (the Governor’s bill does not eliminate the crime of carrying a firearm, it only goes so far as to create an exception if certain conditions are met) with having an enhanced permit. This is an huge omission in the Governor’s bill because if the Governor’s bill passes “as is” individuals relying on it could be criminally charged for being in a park, on a greenway, at a campground, when leaving their handgun stored in their car at work, etc. All of these prohibitions are in separate statutes that the Governor’s bill intentionally omits.
We have heard Speaker Cameron Sexton say that he thinks there are enough Republican votes in the House to pass the Governor’s crime bill without amendments. In the radio interview, he suggests that perhaps approximately 10 Republicans would not vote for it as it is. In that same interview, he suggested that the number of Republicans voting against the bill would increase if it was amended to remove or reduce some of the infringements that it perpetuates. From a review of social media postings by some legislators as well as emailed responses to their constituents, we already know who some of the Republicans are who oppose the idea that citizens have certain rights that “shall not be infringed”. Indeed, the Senate vote on the identified Senators Richard Briggs, Brian Kelsey and Rebecca Massey as Republicans opposing even the Governor’s weak effort. (Sen. Ferrell Haile is not recorded as voting either way). It would be a great service to all Tennesseans if the identities of those House members “who shall not be named” were made known prior to today’s vote so that their constituents could address them in advance of the vote – but those names have been withheld.
The Governor’s crime package might allow some people who can legally possess a firearm to carry only a handgun and only in some places. To that extent, its proponents can claim that it is a step toward real constitutional carry. It is an incremental move as Senator Kerry Roberts stated. It does push the ball some distance down the field as Senate Judiciary Chairman Mike Bell stated. At the end of the day, if that is all that passes, then it will benefit some groups of Tennesseans by allowing them to carry on most public streets and sidewalks.
If all of the amendments identified above are added to the bill, it is a much greater leap in the battle to remove the known infringements that the state of Tennessee has intentionally and unconstitutionally thrust against your rights now for many decades. If all of the amendments are added to the bill, it is a much better bill constitutionally. TFA is encouraging everyone to look up the names of their House members today, call them or go see them and insist that they support the expected amendments that would allow any person who can legally possess a firearm to carry that firearm on at least most publicly owned property and buildings in the state, in parks, on greenways and to enjoy the benefits of the school grounds and safe commute laws that already apply to permit holders.
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