We started 2023’s legislative session with optimism that the Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen, in which the Court struck down a New York handgun permit law as violating the Second Amendment, would lead to numerous improvements to Tennessee law as existing statutes would have to be modified or repealed based on the Supreme Court’s holding. In fact there were a number of very good pieces of legislation that were filed, but none of those were acted upon promptly by the Republican super-majority in the Legislature and substantially all progress ended as the Legislature deferred most remaining bills to 2024 after the Covenant murders.
Yet, there are a few bills that TFA tracked which did become law.
SB 0160 / HB 0133 by Senator Briggs and Rep. Whitson was enacted as Public Chapter 108. This new law is a further potential attack on political action committees and their donors.
SB 0172 / HB 0159 by Senator Hensley and Rep. Capley was enacted as Public Chapter 142. Although it is purportedly a crime for a non-student adult to possess a pocket knife on school property, the new law states that it is “not an offense” for a non-student adult to possess a folding pocket knife on school property but only for “the sole purpose of voting in an election if the pocket knife is concealed on the adult’s person and is not handledby the adult, or by any other person acting with the expressed or implied consent ofthe adult.” It is important for people to understand that current state law makes it a class E felony for a non-student adult to have any knife in his or her possession on school property for any reason at any time.
SB 0515 / HB 0723 by Senator Lundberg and Rep. Hulsey was enacted as Public Chapter 149. This law amends the definition of an “employee” of a school to include individuals who are part-time individuals who are a) retired law enforcement, b) who served at least 20 years in law enforcement prior to retirement, c) who retired in good standing and d) who are employed on a part time basis. The apparent purpose was to allow part time school employees who have the required law enforcement history to be treated as if they were a full time employee for purposes of being allowed to possess a handgun, with an enhanced permit, on school grounds under very limited circumstances.
SB 0494 / HB 0395 by Senator Stevens and Rep. Capley was enacted as Public Chapter 218. It modifies the hunting statutes to address whether those who are “other otherwise prohibited by law from possessing a a handgun” to carry it while hunting under certain conditions, including not using it to take game if the handgun is not an approved weapon for such person for that game, at that time, under the hunting license held by the individual. It also changes the word “coon” in the statute to “racoon”.
SB 1309 / HB 1453 by Senator Bailey and Rep. Faison was enacted as Public Chapter 248. The law allows “a person who resides on property that adjoins theGreat Smoky Mountains National Park may take, attempt to take, or harm a bearthat enters onto the person’s property if the bear acted in a manner that caused” the individual to believe that the person was in imminent fear of death or serious bodily injury. There are some conditions on this use of force provision.
SB 0822 / HB 1189 by Senator Hensley and Rep. Fritts was enacted as Public Chapter 409. This law provides protection for firearms and ammunition manufacturers against claims by third parties that the manufactured products were used by a criminal or otherwise unlawfully. The statute does allow for lawsuits against manufacturers and those in the commercial or retail distribution of firearms, ammunition or accessories if certain conditions are met.
SB 0360 / HB 1307 by Senator Massey and Rep. Kumar was enacted as Public Chapter 445. This law provides a process where the Legislature can “appropriate” funds for the period January 1 2024 to December 31 2024 from the handgun permit program to issue reimbursements to “approved” handgun safety schools of up to thirty dollars to compensate the school for each person who completes certain handgun safety courses. The content of the course appears to be subject to the approval of the Department of Safety.
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