The 2023-2024 Tennessee Legislative session ended on April 25, 2024. Many legislators posted on social media the same image proclaiming the end of the legislative session. Tennessee Firearms Association will do a detailed review of what did and did not pass once the time passes for Governor Lee to sign or veto these bills. Thus, this is just a preliminary assessment of how the Legislature under the control of a Republican super majority that is led by Cameron Sexton in the House and Randy McNally in the Senate did with respect to the Second Amendment.
First, the Republican super majority not only ignored but likely intentionally violated the Second Amendment and the United States Supreme Court’s decisions in Miller, Heller, McDonald and Bruen, in addition to the Tennessee Supreme Court’s decisions in Andrews and Amyette. Of course, with those cases now spanning decades the the two Tennessee cases dating to the 1800s, the fact that the Tennessee Legislature ignored them again is no surprise.
Take for example the Republican super majority’s failure to pass HJR38 which would amend the state’s constitution by public referendum in 2026 to comply with the Second Amendment. That amendment, if adopted by public referendum would change the state’s constitution in Article I, Section 26 to read “That the citizens of this State have a right to keep, bear, and wear arms.” It is important to note that the state of Tennessee has already entered into a federal civil rights settlement in early 2023 agreeing that some of its existing laws violate the Second Amendment. Those laws were enacted in part in reliance on a constitutional amendment from 1870 (right after the Civil War) which was passed for the express purpose of allowing the legislature to enact laws that “regulate” the wearing of arms by civilians – and regulating is just another word for infringing. The function of that clause was declared unconstitutional by the United States Supreme Court in 2010 to the extent that it purports to give the government more authority to regulate firearms rights than the Second Amendment allows. Yet, for some reason the Republican super majority, and one might suspect specifically Speaker Cameron Sexton since he did not co-sponsor the resolution, did not want the public to have the opportunity in 2026 to vote on this constitutional amendment. Sexton’s failure to co-sponsor is noteworthy since the bill had 58 sponsors but somehow managed to die in the House “Finance” committee when the fiscal note was “not significant.”
Also consider the overwhelming party line votes to pass SB2911 HB1600 which imposes a firearms prohibition to age 25 on juveniles who commit certain crimes, including misdemeanor possession of a firearm. So, apparently, commit certain crimes at age 14 such as the misdemeanor possession of a firearm (even if no other crime is charged). As a result of this legislation, that individual whose “juvenile record” would normally be sealed when they turn 18 would have a “prohibited person” status potentially until they turn age 25. There is no cogent legislative history at all to explain how this infringement meets the standards imposed by the Second Amendment and/or the Supreme Court’s Bruen decision. But does that matter to Tennessee’s Republican super majority? No. The bill passed the House with 89 votes – almost all Republicans and almost all Democrats. On the Senate side, 8 senators voted no, 2 did not vote and the remaining ones – mostly Republicans voted yes.
Then, let’s not forget the “arm the teachers” legislation which many Republican legislators are claiming as a victory. In fact, it is likely more of a roadblock to campus carry than Second Amendment enabling legislation. Indeed, Bill Lee announced on April 25 that he planned to sign the legislation into law. But, not even Tennessee’s Governor, whose administration consistently argues against 2nd Amendment legislation, did not describe this legislation as one supporting the Second Amendment. Instead, he described it as a giving school districts “tools” and the options to use the tools. Is the Governor claiming that allowing some school faculty or staff to, at their own costs and expense, get training, purchase firearms and ammunition, and undergo background checks are “tools” of government schools? Yes, that is exactly what he said. This legislation is not about 2nd Amendment rights – it is about government empowerment and infringements on Second Amendment rights.
Second, there were a number of bills (including the constitutional amendment in HJR38) that the Republican super majority simply killed and did so primarily in the committee system so that most legislators did not even have a voice or a vote on the bills. These included bills to
– eliminate the statutory “intent to go armed” clause;
– allow Tennessee to join 46 other states that allow longarm carry;
– change the handgun permits to firearms permits;
– enact criminal immunity and related procedures in self-defense cases;
– eliminate some gun free zones; and
– change the statutory language handgun permit age threshold to 18 (as required by a federal court settlement).
Third, is the failure to ban “Red Flag” laws at the state level and, instead, the enactment of at least 2 laws that could actually move closer to implementation of Red Flag laws although as Jack Johnson stated in a Phil Williams disclosed recording these were done by branding the legislation as having other purposes.
Fourth, the Legislature continued to allow taxpayer funded administration employees from the TBI and the Department of Safety to regularly testify against Second Amendment legislation and the rights of citizens.
At this stage, it appears that the last two years with a Republican super majority under the leadership of Cameron Sexton and Randy McNally controlling the Tennessee Legislature have been what we have come to expect from the Republican controlled Legislature since 2010 – a failure when it comes to passing true 2nd Amendment legislation. Perhaps they can point to isolated exceptions but as a general matter it has been a constitutional failure and a collective breach of the Legislature’s oath of office.
But, in many respects the progressives and Democrats, like Justin Jones and Justin Pearson, can take a victory lap because the Republicans did all the work for them to kill these true pro Second Amendment bills.
In light of this record, perhaps the Legislature’s “sine die” images need to be edited to reflect the actual record of the Sexton/McNally led 2023-2024 Legislature.
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