On Monday, Chairman Todd Gardenhire (R-Chattanooga) moved ten bills to February of next year.
The problem with this decision is though it is in his power to reschedule bills, he chose to put these bills on a calendar that does not exist, under a Senate that will operate under new rules, with members who may not even be on the committee because of it being an election year. It will be a brand new General Assembly, a group of people who are not even elected to serve yet.
These ten bills have all been “killed” with his decision. The sponsors did not have an opportunity to speak, those that traveled to provide testimony for or against the bills were not heard. It was under the Chairman’s discretion that the representatives we elect to propose laws could not do their job.
The question raises, why these specific bills? He also moved twenty bills to “General Sub”, which essentially shelves the bills unless leadership decides to bring them back to the Committee. These twenty bills are also, for all intents and purposes, dead.
The ten bills that were moved to a non-existent future calendar are:
1. SB2467 by Sen. Bailey and Rep. Todd, would have removed the phrase “with intent to go armed” from the current statute. This bill would attempt to bring the current law regarding constitutional carry in line with what the courts have found to be an unconstitutional interpretation of the 2nd Amendment.
2. SB0661 by Sen. Hensley and Rep. Fritts, would have sought to establish first steps in advancing a loophole in the National Firearms Act (NFA). The bill would have removed the prohibition for the state of Tennessee to set up an office to sell firearms to citizens.
3. SB1227 by Sen. Lowe and Rep. Grills, would have replaced every reference of “handgun” to “firearm” in any statutes governing both enhanced and concealed-carry permits. This would grant anyone currently holding an enhanced or concealed handgun carry permit to now hold an enhanced or concealed firearm carry permit, without having to reapply or pay fees. It would have honored the 2nd Amendment rights of lawfully carrying a firearm in the state of Tennessee.
4. SB0824 by Sen. Bowling and Rep. Reneau, would have lessened the criminal penalties for private property owners who choose to bar guns from their establishment, if their signs don’t meet very specific state requirements. It would also add requirements to local government buildings who choose to ban guns, requiring added security measures such as metal detectors and qualified security, since they are mandating citizens not have the right to protect themselves in tax-payer funded buildings.
5. SB2478, by Sen. Hensley and Rep. Fritts, would have struck down numerous carry bans and criminal penalties. The bill would have restored the individual right to bear arms in virtually all public and private spaces, consistent with the Second Amendment’s original public meaning. The bill also would have removed many misdemeanor and felony offenses tied to carrying firearms or clubs “with intent to go armed” in public places. It deleted prohibitions on firearms in parks, college campuses, private property and most public grounds, effectively restoring near-unrestricted carry so long as the individual is not otherwise disqualified.
6. SB0993, by Sen. Hensley and Rep. Bulso, would have doubled the window in which a person whose handgun carry permit has been suspended or revoked to petition the chancery court for judicial review—from the current 30 days to 60 days. By giving citizens more time, it would give permit holders the ability to seek counsel, gather the required documents and file a timely petition. It did not alter any rules regarding who can obtain permits, it just gave Tennesseans more time to access the courts if the state withdraws their fundamental rights.
7. SB1851, by Sen. Hensley and Rep. Fritts, would have removed a variety of felony and misdemeanor prohibitions on firearm possession and carrying, specifically for non-violent crimes such as DUI. It also would have clarified that secured guns stored out of one’s access are not counted as “possession.”
8. SB1405, again by Sen. Hensley and Rep. Fritts, would have extended the deadline from 60 to 90 days for a gun permit holder who moves to register their new address.
9. SB1746 by Sen. Bowling and Rep. Bulso, would have required the Senate Judiciary Committee to publicly discuss where the line is drawn between the 14th Amendment and same sex marriage in our state. The companion bill, HB1473, passed with full Republican support on the House Floor.
10. SB1745, by Sen. Bowling and Rep. Bulso, was commonly referred to as the “Banning Bostock Act” which would re-define what “sex discrimination” means in Tennessee. This bill would have strengthened the rights of public business, allowing them to make decisions in hiring based on the applicant’s gender identity. It would also have ensured that no bathrooms or public facilities could be accommodating to the gender dysphoria our culture wants us to accept.
Out of ten bills, three were sponsored by Sen. Bowling, five were sponsored by Sen. Hensley, several companion bills were sponsored by Rep. Bulso and Rep. Fritts. Is there a reason these representatives’ bills were all rescheduled to a non-existent calendar under a legislation that has yet to be elected?
Eight of these bills all would have opened the conversation regarding gun laws in our state.
It is for this reason that I believe Chairman Gardenhire avoided all discussion regarding bills that highlight our state’s unconstitutional position regarding the 2nd Amendment.
Currently, because it is illegal to carry a firearm with “the intent to go armed”, you may be arrested if you intentionally place a gun in your holster, thereby arming yourself. Two of these bills were attempting to re-write that specific legislation. If they were successful and the law was re-written, it would prove that the state passed a law which stripped our constitutional right to bear arms.
This month, Governor Lee and Attorney General Skirmetti were issued a “stay” from the Tennessee Court of Appeals in the Hughes v. Lee case, meaning the state can continue to operate under their unconstitutional law until the appeal process is completed.
An important note, this case is a perfect example as to why HB1971/SB1958 is crucial to protecting the right to challenge unconstitutional laws in our state. If this bill passes, the situation our state is in regarding the 2nd Amendment would never have been allowed to happen without a citizen being arrested and dragged through the court system BEFORE being able to challenge it.
These next few weeks will be very important to watch, as it’s too late to pull papers to primary any of our elected officials. If one of your Representatives were silenced in the Senate Judiciary Committee, especially if they were sponsoring a bill you supported, you have some emails to write. If one of your Senators has a seat on the Senate Judiciary Committee and didn’t raise a question to the Chair upon his decision, you have a phone call to make.
Citizens, we must pay attention and communicate to our representatives, whether they choose to listen or not. And if you find that your voice is regularly dismissed, the Founders gave us term limits in the form of a ballot box.
The Week in Review: The Silencing of 2A Rights in Tennessee
On Monday, Chairman Todd Gardenhire (R-Chattanooga) moved ten bills to February of next year.
The problem with this decision is though it is in his power to reschedule bills, he chose to put these bills on a calendar that does not exist, under a Senate that will operate under new rules, with members who may not even be on the committee because of it being an election year. It will be a brand new General Assembly, a group of people who are not even elected to serve yet.
These ten bills have all been “killed” with his decision. The sponsors did not have an opportunity to speak, those that traveled to provide testimony for or against the bills were not heard. It was under the Chairman’s discretion that the representatives we elect to propose laws could not do their job.
The question raises, why these specific bills? He also moved twenty bills to “General Sub”, which essentially shelves the bills unless leadership decides to bring them back to the Committee. These twenty bills are also, for all intents and purposes, dead.
The ten bills that were moved to a non-existent future calendar are:
1. SB2467 by Sen. Bailey and Rep. Todd, would have removed the phrase “with intent to go armed” from the current statute. This bill would attempt to bring the current law regarding constitutional carry in line with what the courts have found to be an unconstitutional interpretation of the 2nd Amendment.
2. SB0661 by Sen. Hensley and Rep. Fritts, would have sought to establish first steps in advancing a loophole in the National Firearms Act (NFA). The bill would have removed the prohibition for the state of Tennessee to set up an office to sell firearms to citizens.
3. SB1227 by Sen. Lowe and Rep. Grills, would have replaced every reference of “handgun” to “firearm” in any statutes governing both enhanced and concealed-carry permits. This would grant anyone currently holding an enhanced or concealed handgun carry permit to now hold an enhanced or concealed firearm carry permit, without having to reapply or pay fees. It would have honored the 2nd Amendment rights of lawfully carrying a firearm in the state of Tennessee.
4. SB0824 by Sen. Bowling and Rep. Reneau, would have lessened the criminal penalties for private property owners who choose to bar guns from their establishment, if their signs don’t meet very specific state requirements. It would also add requirements to local government buildings who choose to ban guns, requiring added security measures such as metal detectors and qualified security, since they are mandating citizens not have the right to protect themselves in tax-payer funded buildings.
5. SB2478, by Sen. Hensley and Rep. Fritts, would have struck down numerous carry bans and criminal penalties. The bill would have restored the individual right to bear arms in virtually all public and private spaces, consistent with the Second Amendment’s original public meaning. The bill also would have removed many misdemeanor and felony offenses tied to carrying firearms or clubs “with intent to go armed” in public places. It deleted prohibitions on firearms in parks, college campuses, private property and most public grounds, effectively restoring near-unrestricted carry so long as the individual is not otherwise disqualified.
6. SB0993, by Sen. Hensley and Rep. Bulso, would have doubled the window in which a person whose handgun carry permit has been suspended or revoked to petition the chancery court for judicial review—from the current 30 days to 60 days. By giving citizens more time, it would give permit holders the ability to seek counsel, gather the required documents and file a timely petition. It did not alter any rules regarding who can obtain permits, it just gave Tennesseans more time to access the courts if the state withdraws their fundamental rights.
7. SB1851, by Sen. Hensley and Rep. Fritts, would have removed a variety of felony and misdemeanor prohibitions on firearm possession and carrying, specifically for non-violent crimes such as DUI. It also would have clarified that secured guns stored out of one’s access are not counted as “possession.”
8. SB1405, again by Sen. Hensley and Rep. Fritts, would have extended the deadline from 60 to 90 days for a gun permit holder who moves to register their new address.
9. SB1746 by Sen. Bowling and Rep. Bulso, would have required the Senate Judiciary Committee to publicly discuss where the line is drawn between the 14th Amendment and same sex marriage in our state. The companion bill, HB1473, passed with full Republican support on the House Floor.
10. SB1745, by Sen. Bowling and Rep. Bulso, was commonly referred to as the “Banning Bostock Act” which would re-define what “sex discrimination” means in Tennessee. This bill would have strengthened the rights of public business, allowing them to make decisions in hiring based on the applicant’s gender identity. It would also have ensured that no bathrooms or public facilities could be accommodating to the gender dysphoria our culture wants us to accept.
Out of ten bills, three were sponsored by Sen. Bowling, five were sponsored by Sen. Hensley, several companion bills were sponsored by Rep. Bulso and Rep. Fritts. Is there a reason these representatives’ bills were all rescheduled to a non-existent calendar under a legislation that has yet to be elected?
Eight of these bills all would have opened the conversation regarding gun laws in our state.
It is for this reason that I believe Chairman Gardenhire avoided all discussion regarding bills that highlight our state’s unconstitutional position regarding the 2nd Amendment.
Currently, because it is illegal to carry a firearm with “the intent to go armed”, you may be arrested if you intentionally place a gun in your holster, thereby arming yourself. Two of these bills were attempting to re-write that specific legislation. If they were successful and the law was re-written, it would prove that the state passed a law which stripped our constitutional right to bear arms.
This month, Governor Lee and Attorney General Skirmetti were issued a “stay” from the Tennessee Court of Appeals in the Hughes v. Lee case, meaning the state can continue to operate under their unconstitutional law until the appeal process is completed.
An important note, this case is a perfect example as to why HB1971/SB1958 is crucial to protecting the right to challenge unconstitutional laws in our state. If this bill passes, the situation our state is in regarding the 2nd Amendment would never have been allowed to happen without a citizen being arrested and dragged through the court system BEFORE being able to challenge it.
These next few weeks will be very important to watch, as it’s too late to pull papers to primary any of our elected officials. If one of your Representatives were silenced in the Senate Judiciary Committee, especially if they were sponsoring a bill you supported, you have some emails to write. If one of your Senators has a seat on the Senate Judiciary Committee and didn’t raise a question to the Chair upon his decision, you have a phone call to make.
Citizens, we must pay attention and communicate to our representatives, whether they choose to listen or not. And if you find that your voice is regularly dismissed, the Founders gave us term limits in the form of a ballot box.
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Anne Lowery
Anne Lowery