Richard Archie, Tennessee Firearms Association Board Member, has attended several of the hearings in the last few weeks on the 2nd Amendment legislation that is being tracked this year. He has this message for 2nd Amendment supporters and those otherwise concerned about state government abuses of our constitutionally protected rights.
While I have been watching the various committee meetings (including the Civil Justice subcommitee, Criminal Justice subcommittee and the respective full committees) the last two weeks, it reminds me of playing “whac-a mole” with the of Department of Safety Legislative Director, Elizabeth Stroeker, who gives every appearance, that she is intent on ordering the lives of Tennesseans to fit an agenda that does not mirror the intent of the Founders with respect to the right to keep, bear and wear arms. You can see the Lobbyist for the Department of Safety, which is under Bill Lee’s control and administration, testify on March 1, 2022, in the subcommittee video (https://tnga.granicus.com/MediaPlayer.php?view_id=644&clip_id=26325) starting at about 1:10 explain how the Department of Safety is “uncomfortable” with you carrying a long gun legally in Tennessee.
Testimony was offered on this legislation by other individuals that 37 other states allow open carry of long guns without a permit and 2 more with a permit. It seemed clear that neither Ms. Stroeker nor the Department of Safety supervisors who dispatched her to the Legislature have done exhaustive research, or apparently any research, that would prove that the citizens of Tennessee are not to be trusted than the citizens of the other 39 states that do not infringe the rights of their citizens to freely exercise that constitutionally protect right.
Rather than facts, Ms. Stroeker offers the “feeling” (it is not clear if it is her feeling or if she believes that a state agency has emotions) that motivate her testimony as a taxpayer paid employee to appear to be instructing these elected officials as to the official policy position on this issue by Bill Lee and/or his state agency. The response of the sponsor, Rep. Rusty Grills, is interesting at approximately the 1:24 mark where the sponsor expresses some concern about the fact that
In another example regarding the presentation on HB 2770, the Elizabeth Stroeker, uh, the Department of Safety stands opposed (time stamp 50 :29) to an initiative that would make operators of properties who deny you your right to carry your legally possessed handgun liable for your safety even though they had to admit if an operator did NOT post against carry, they were absolved of any liability for failure to provide security, in fact the converse, they are immune in that instance.
In the full Civil Justice committee, HB 1735, (https://tnga.granicus.com/MediaPlayer.php?view_id=643&clip_id=26360), at 52:07) was discussed. This is bill that would simply allow all 18 – 20 year olds, not just those in military service, to be allowed to get a handgun permit. The bill would remove an existing problem with current law that creates a constitutional equal protection problem because Tennessee currently allows some but not all 18-20 year olds who can legally own handguns to get permits. Again Ms. Stroeker, uh, the Department of Safety, opposes the bill. That opposition is not just to a bill, that opposition is a state agency actively and opening infringing a right that the 2nd Amendment declares shall not be infringed.
I have searched the Constitution and can not find where the Department of Safety, an administrative agency, is charged with directing or instructing the Legislature on what the law should be. The statements from the Department of Safety that governments should be able to limit or infringe those rights based on the age of the citizen is troubling. It would reasonably follow that if one can be made by law to carry a firearm in defense of the State, the state should be constitutionally prohibited from infringing that right in the civilian capacity.
The flow chart is thus, the People are at the apex of what the laws are and should be per Article 1 Section 1 of our Declaration of Rights in the Tennessee constitution, Under Article 1, Section 23 the citizens are obligated and empowered to instruct their elected representatives. The Constitution designates power to the General Assembly, from the People, to pass laws which then the Governor, the Department of Safety, the Sheriffs, the Chiefs of Police, etc., are charged with enforcing those laws. What we have in Tennessee is the tail wagging the dog when an administrative agency or someone simply charged with an enforcement duty operates under the constitutional delusion that they are better qualified than the citizens and Legislators to determine what the proper public policy should be.
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