Two Legislative committees have considered the Governor’s permitless carry bill (SB765/HB786) as well as Sen. Joey Hensley’s and Rep. Bruce Giffey’s “Constitutional Carry” bill (SB318/HB18) over the last two weeks. The House heard testimony on both bills in its Criminal Justice Subcommittee on February 24, 2021. The Senate Judiciary heard testimony on the Governor’s permitless carry bill on March 2, 2021.
A representative from the Tennessee Sheriffs’ Association spoke in opposition to both bills. That was not surprising since the Tennessee Sheriffs’ Association, the Tennessee Chiefs of Police Association and other law enforcement groups often oppose any 2nd Amendment legislation in Tennessee.
What was unusual however is that Legislators are starting to make statements on the Legislative record noting that these law enforcement organizations, whose members take oaths to uphold the Constitutions, are all too often the primary voices lobbying against legislation that would restore the rights of citizens of Tennessee that are protected by the Second Amendment.
On February 24, 2021, during the hearings in the House Criminal Justice Subcommittee, Representative Jerry Sexton made a clear statement that he was offended by the state’s law enforcement officers who continually oppose 2nd Amendment legislation. Then, on March 2, 2021, in hearing in the Senate Judiciary, Chairman Mike Bell made very similar statements calling out the Tennessee Sheriffs’ Association.
These statements by these legislators who were speaking in defense of our constitutional rights raise serious questions about the actions of the Tennessee Sheriffs’ Association’s lobbying activities.
First, should an association of public officials, officials who take an oath to protect the constitutional rights of the people, be lobbying against those rights? That is a question that Legislators and state officials may want to further examine and that the voters who elect those public officials may want to also examine.
Second, should an association of public officials, officials who likely pay their association dues with taxpayer funds, use those funds to lobby against the constitutional rights of the people? That is a question that Legislators, state officials and the voters may also want to further examine.
Third, what is the Tennessee Sheriffs’ Association? Its website states that it is a non-profit corporation that accepts tax deductible donations, which means that it is classified by the IRS as a 501(c)(3) charity. On its website it claims that its purpose is as follows:
The TSA’s purpose is to promote better and more effective law enforcement; maintain a high level of ethical conduct on the part of all sheriffs and their deputies; provide a forum for the exchange of knowledge and experience among all sheriffs; establish the highest degree of cooperation among the law-enforcing agencies in the State of Tennessee; bring the sheriffs of the various counties into close association and to promote cooperation in the conduct of the laws of Tennessee pertaining to the apprehension and prosecution of persons violating the laws of Tennessee; improve and encourage greater efficiency in the administration of sheriffs’ offices and to protect the welfare and interest of the members of the association.
Its purpose says nothing about lobbying – particularly lobbying against the constitutional rights of the people of Tennessee.
The IRS’s website says with respect to lobbying by 501(c)(3) organizations:
In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.
https://www.irs.gov/charities-non-profits/lobbying
Generally, 501(c)(3) organizations are prohibited by federal law from lobbying because donations to it are tax deductible. When lobbying is allowed it is typically restricted to issues that fall clearly within the scope of the charitable purposes of the organization. Thus, the funds are to be used for charitable and not for political purposes.
The IRS requires nonprofit organizations to file tax returns that are called “Form 990” returns. On these returns they are required to answer a question regarding lobbying activities. A “yes” answer requires detailed disclosures. A “no” answer does not. Both answers must be given under penalty of perjury. That question is:
In addition, state law includes limits on how charities can spend money. Under Tennessee Code Annotated § 48-101-513(a) charities may not expend funds on non-charitable purposes:
No charitable organization subject to this part shall solicit funds from the public, except for charitable purposes, or expend funds raised for charitable purposes for noncharitable purposes.
Tennessee Firearms Association applauds Rep. Jerry Sexton and Chairman Mike Bell for questioning why the Tennessee Sheriffs’ Association and others who have taken an oath to defend and protect the constitutional rights of Tennesseans are lobbying against those rights. However, since the lobbying may be much more than a deviation from an oath of office, it may be time to take a much closer examination into the issue.
If this concerns you, you may want to call your House member and your Senate member and request that they look closer into these issues.
You may also want to call your county sheriff and ask them about why their organization is lobbying against your constitutional rights and potentially violating the law.
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