August 22, 2023, is the second day of Bill Lee’s Special Session and the overt attack on numerous rights, not just Second Amendment Rights.
As of 8:15 a.m. on August 22, the Legislators have filed:
– 114 House bills
– 104 Senate bills
– 43 House Joint resolutions
– 101 Senate Joint resolutions
– 15 House resolutions
– 1 Senate resolution
A complete report of the bills that have been filed (excluding honorary resolutions) and a report on the calendar of when they are to be heard and where are both included below.
The volume of bills as well as the practically limitless scope of the bills underscore that this special session is constitutionally suspect because the state constitution expressly limits the use of special sessions to circumstances to address an “extraordinary occasion” and to an objective that has a specific purpose. This is however nothing more than a free-for-all attacking of the rights of Tennesseans including Second Amendment rights.
Some statements have been made by some Republican legislators (and at least one Nashville radio host) athat no Red Flag law will pass. That said, there is no doubt that a Red Flag law is within the scope of item 12 on the Governor’s proclamation. However, a Red Flag law could be filed under any of the other items in the proclamation that seek to address mental health issues, stalking, juvenile crime or simply court reform. Further, the captions on many of the bills would easily allow amendments to be made that would constitute Red Flag laws.
Further, while some Republican legislators have said that no Red Flag laws will pass, far fewer have stated that no laws that would have any negative impact on 2nd Amendment protected rights would pass. That risk remains and the bills, such as the bizarre “voluntary no firearms purchase registry” proposal by Republican Rep. Sabi Kumar, evidence both in their original language and in their captions a willingness of at least some Republican legislators to enact gun control in the special session.
Finally, when you hear the assurances of some Republican legislators that they will not tolerate any gun control laws to be passed, remember this uncontested fact. In 2021, Bill Lee called for the passage of his “constitutional carry” law. Set aside for the moment that it was not constitutional carry, that he apparently never understood it was not constitutional carry, and that the bill instead was a multi million dollar crime package that included an affirmative statutory defense to carrying a firearm with the intent to go armed. What is important to understand is that 2021 law – the darling of Governor Lee and many in Republican leadership – is one of the few if not the only Second Amendment relevant laws to pass since 2010 (when the Republicans attained a super majority plus the office of Governor) which has been identified in a federal court settlement as a direct violation of the Second Amendment, a violation of the 14th Amendment and that constitutes a federal civil rights violation (see settlement agreement attached below). If some of these Legislators and Bill Lee will celebrate the passage of a law that was declared unconstitutional on Second Amendment grounds in federal court proceedings, are your constitutionally protected rights safe in a special session in their hands at this time?
With the Legislative leaders and the Governor intent on pushing through something in this constitutionally questionable special session, now is not the time to rest easy on the delusional assurance that your constitutional rights are safe from infringement.
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