The 2022 Tennessee Legislative Session came to an abrupt end on April 28, 2022. All over social media the Tennessee Legislators are celebrating, proclaiming great success and stewardship over our rights and resources, and many have their hands out already for your support in their re-election efforts. So how did they do?
They failed. No question about it, they had great opportunities but as a Republican super majority it was an absolute failure on Second Amendment issues in 2022.
What were those opportunities that were available in 2022 that would have clearly and materially advanced the rights of Tennesseans as protected by the Second Amendment as being not to subject to any infringement? Although we tracked over 50 bills this year, only a portion of those were truly strong pro Second Amendment bills and none of the really strong ones even got a floor vote in both houses or in most instances in either house. The bills are address below based on the Senate bill numbers.
Legislation that Republicans killed in committees
SB2291/HB1735 (Sen. Mike Bell and Rep. Chris Todd) would have lowered the age requirement for handgun carry permit or to carry under Tennessee’s permitless carry law from 21 to 18. Although the House passed the bill, the Senate Judiciary, which Sen. Mike Bell himself chaired, “took it off notice” (a nice way to say the Senate killed it) in April.
SB2521/HB2521 (Sen. Joey Hensley and Rep. Jerry Sexton) would have substantially improved the law on how property owners/managers post their properties as “gun free” zones. This bill was killed by House Republicans in the House Civil Justice Subcommittee who refused to even debate the bill.
SB2523/HB2554 (Sen. Joey Hensley and Rep. Chris Hurt) would have allowed those individuals who have the classroom training and range training necessary for the “enhanced” handgun permit to be able to carry in the same gun free zones as off-duty police officers currently are allowed to carry. It also was killed in the Senate Judiciary and the House Civil Justice Subcommittee both of which have Republican majorities.
SB2638/HB2323 (Sen. Frank Niceley and Rep. Rusty Grills) would have addressed a problem in state law that prohibits the brandishment of a weapon when making a citizen’s arrest. This bill was killed by House Republicans in the subcommittee referring it to “summer study”.
SB2698/HB2770 (Sen. Janice Bowling and Rep. Chris Todd) would have made those property owners who voluntarily create gun free zones civilly liable for the safety and security of patrons on the property. This bill was killed by Republicans in the House Civil Justice Subcommittee.
SB2803/HB1898 (Sen. Kerry Roberts and Rep. Rusty Grills) would have transformed the existing handgun permit to a firearms permit. This bill was killed by House Republicans in the House Civil Justice Subcommittee.
SB2823/HB2777 (Sen. Kerry Roberts and Rep. Chris Todd) would have addressed the serious procedural problems in Tennessee law faced by those who use deadly force or brandish a weapon for self-defense. This legislation would have required law enforcement to investigate and preserve evidence relevant to self-defense, it would have required district attorneys to investigae and disclose evidence relevant to self-defense, and it would have allowed someone using self-defense but who is being criminally charged (like Kyle Rittenhouse) to ask the court to dismiss the criminal charges before going through the cost and expense of a jury trial. It also dealt with problems of “up charging” by district attorneys as a means of extorting plea bargains rather than risking trials on much higher charges. This bill was killed by the Republicans in the Senate Judiciary.
SB2866/HB2524 (Sen. Paul Bailey and Rep. Jerry Sexton) would have fixed most if not all of the problems in Tennessee caused by the statutory presumption that it is a crime for anyone to carry a firearm with the intent of going armed. This legislation would have simply deleted that presumption. This legislation would have created REAL constitutional carry in Tennessee (which Tennessee presently does not have). The result of this bill would have been that anyone 18 and up could carry in public a firearm that they legally owned or possessed for any lawful purpose including self-defense. This bill had a large number of co-sponsors but neither Speaker Cameron Sexton nor Lt. Gov. Randy McNally were co-sponsors. The legislation also received substantial opposition from Governor Bill Lee’s administration specifically the Tennessee Department of Safety’s Commissioner Jeff Long and the Department of Safety’s Legislative Director, Elizabeth Stroeker.
Bills that passed in 2022
SB2628/HB2509(Sen. Frank Niceley and Rep. Rusty Grills) removes short barrel rifles and short barrel shotguns from Tennessee’s list of prohibited weapons. While that is an improvement and a policy statement, it does not substantively change Tennessee law because there is an existing provision that allowed ownership of these categories of weapons so long as the items were properly possessed under the National Firearms Act. Furthermore, assuming the weapon is not properly registered, the individual can still be prosecuted under both state and federal law for possession of these items under Tennessee Code Annotated 39-17-1307.
SB2799/HB1738 (Sen. Kerry Roberts and Rep. Mike Sparks) extends the sales tax holiday on gun safes one additional year to June 30, 2023.
What conclusions might someone who is a strong Second Amendment supporter in Tennessee draw from the events of 2022?
First, Governor Bill Lee is not a strong Second Amendment supporter. Unlike his personal involvement in the 2021 permitless carry law (which was mischaracterized repeatedly by him as a constitutional carry law), there was no outward show of support by him or his administrative departments for the strong pro Second Amendment bills in 2022. To the contrary, to the extent his administrative was involved these taxpayer funded advocates most often and consistently spoke out against true Second Amendment legislation rather than for it.
Second, neither Speaker Cameron Sexton nor Lt. Governor Randy McNally were the prime sponsors on any of these bills. Indeed, while Speaker Cameron Sexton sponsored the legislation that seeks to impose reporting requirements on 501(c)(4) entities like the Tennessee Firearms Association during election cycles and while he himself appeared in a subcommittee to push that legislation, he did not appear in any committees or subcommittees to vote on or advocate for these Second Amendment issues. However, the voting record and observations do indicate that Speaker Cameron Sexton is nevertheless more favorable to Second Amendment legislation than is Lt. Governor Randy McNally.
Third, most of the effective opposition in killing Second Amendment legislation in 2022 came from Republican caucus members in both houses. This is a conclusion that is likely beyond any material dispute because with Republican super majorities in both houses the Democrats had no means – none – of stopping legislation that the Republicans as a whole caucus supported. Indeed, watching the debates in the Senate Judiciary, in the House Civil Justice Subcommittee and even some of the debates in the House Criminal Justice Subcommittee it is easy to spot the pattern of certain House and Senate Republicans who may profess to support your constitutional rights during election seasons but who seldom put their “votes where their mouth was” when it comes time to actually enact those laws.
Fourth, one might conclude that there is however a significant and perhaps growing number of Republican legislators who are truly Second Amendment supporters. You see this not necessarily in the bills that are sponsored but as evidenced by their willingness to argue for these bills in subcommittees, committees and on the floor when the opportunities arise. It is critical going forward to 2023 and beyond that those true advocates be joined with new legislators who are true stewards of our rights. It is also critical to make clear to those 2022 incumbents who have no election challengers that they will have challengers in 2024 – starting today – if their abdication of their stewardship as elected representatives to protect and advance our rights remains a broken campaign promise and neglected duty going forward.
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