Tennessee Legislature adjourns without passing strong pro-Second Amendment bills

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. Take for example the failure to pass HJR38 which would amend the state’s constitution by public referendum in 2026 to comply with the Second Amendment or the overwhelming party line votes to pass SB2911 HB1600 which attempts to impose a firearms prohibition to age 25 on juveniles who commit certain crimes, including misdemeanor possession of a firearm. Then, let’s not forget the “arm the teachers” legislation which is more of a roadblock to campus carry than enabling legislation. Again, all of these choices by the Republican super majorities were brought to Tennesseans under the leadership of Cameron Sexton and Randy McNally.

Second, there were a number of bills (including the constitutional amendment in HJR38) that the Republican super majority killed. These including 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;
– change the statutory language handgun permit age threshold to 18 (as required by a federal court settlement); and
– much more….

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 under the leadership of Cameron Sexton and Randy McNally have been what we have come to expect from the Republican super majority in the 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 can take a victory lap because the Republicans did all the work for them to kill these true pro Second Amendment bills.

So, perhaps the “sine die” images need to be edited to reflect the actual record of the Sexton/McNally led 2023-2024 Legislature.

The Tennessee Legislature’s passage of legislation to potentially increase number of firearms on school grounds

On April 23, 2023, the Tennessee Legislature passed Senate Bill 1325 / House Bill 1202 that was carried by Senator Paul Bailey and Representative Ryan Williams. The legislation would authorize under very limited circumstances a “person employed by an [sic] LEA [Local Education Agency] to possess and carry a concealed handgun on the grounds of…

TFA’s Federal Litigation Update

In the last few years, Tennessee Firearms Association and, since early 2023, Tennessee Firearms Foundation (www.tennesseefirearmsfoundation.org) have increasingly engaged in federal and state litigation. First, let’s address the question of why.  Tennessee Firearms Association has now been in existence for approximately 29 years.   We have worked hard, as a grassroots organization, on efforts to get…

TFA Joins Amicus Brief Supporting Rights of States to Defend Themselves

On February 23, 2024, the Tennessee Firearms Association and the Tennessee Firearms Foundation (a 501(c)(3)) joined U.S. Constitutional Rights Legal Defense Fund,  Citizens United, Citizens United Foundation, The Presidential Coalition, Gun Owners of America, Gun Owners Foundation, Gun Owners of California, and the Conservative Legal Defense and Education Fund to submit an amicus brief in…

Tennessee Legislators are considering the “Bruen Basis” for proposed legislation.

On February 6, 2024, Rep. William Lamberth presented his House Bill 1640. Rep. Lamberth seeks to expand the circumstances under which access to firearms (but not other deadly weapons) is prohibited with respect to individuals who have been “adjudicated as a mental defective or judicially committed to a mental institution.” The restriction applies even to…

Tennessee Legislature has filed or taken action on 143 bills so far in 2024 that are tracked by TFA

The Tennessee Legislature, as an entity, has proven the inability to take into consideration the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen, No. 20-843. In Bruen, the Supreme Court held that any existing or proposed laws that do not have a national historical tradition as of 1791…

TFA and GOA file Supreme Court amicus brief on “bumpstock” appeal.

On January 29, 2024, the Tennessee Firearms Association and the Tennessee Firearms Foundation joined Gun Owners of America and several other organizations in submitting an amicus brief to the United States Supreme Court in the case of Merrick B. Garland, Attorney General, et al., v. Cargill, No. 22-976. The issue in this action is whether…

Tennessee Legislature taking action on at least 79 proposed laws in January 2024 – many violate the Supreme Court’s BRUEN decision

Since January 1, 2024, at least 79 bills have either been introduced in the Tennessee Legislature or are bills that were filed in 2023 which have had some type of activity. Some of these bills do appear to be appropriate in light of the United States Supreme Court’s decision in Bruen. However, many of these…