On Monday night, March 11, 2024, Rep. Andrew Farmer announced that the House Civil Justice Subcommittee will have its gun bill calendar on April 2, 2024. Speaker Cameron Sexton appointed Rep. Farmer as the Chairman of the House Civil Justice Committee which oversees the Civil Justice Subcommittee which itself if chaired by Rep. Lowell Russell.
This is concerning news suggesting stonewalling in the Tennessee Legislature, at least the House of Representatives. Several of the “gun bills” that have been filed this year (and several from last year that still are pending) have the obvious purpose of trying to restore fully our rights as protected by the Second Amendment to keep, bear and wear arms.
The good bills clearly appear to be motivated by efforts to repeal or reform Tennessee law so that it aligns with the United States Supreme Court’s decision from June 2022 in New York State Rifle and Pistol Association v. Bruen, No. 20-843 which held that the government bears the heavy burden for any existing law or proposed legislation to demonstrate that the law is consistent with the “nation’s historical tradition” as of 1791 (the year the Bill of Rights was ratified by the states) of firearms regulation. Absent a clear showing that a majority of states had such a restriction (or an acceptable analogue) as of 1791, then Supreme Court has held that such law or, in this instance, proposed law violates the 2nd and 14th Amendments and is therefore unconstitutional. Many of Tennessee’s existing laws, including age restrictions, weapon class restrictions and the numerous “gun free” zones obviously failed the Bruen standard.
So, the question is why did Rep. Andrew Farmer take action to further delay letting these bills move forward and be enacted into law? Why is it that Representatives Farmer, Lowell and Speaker Sexton have not moved these “gun bills” to a point of constitutional priority in light of the Supreme Court’s decision in Bruen rather than pushing them further down the pipeline of legislation? Why is it that there appears to be no priority or urgency from the Tennessee Legislature to take up the mandate in Bruen to search out, identify and eliminate unconstitutional laws in Tennessee?
Please contact these House Republican Leaders and request that the pro-2nd Amendment, Bruen based bills be advanced immediately and not pushed to the back of the line as has happened so often since 2010 when the GOP got its coveted majority stake in the General Assembly.
Speaker Cameron Sexton – Phone: (615) 741-2343 – speaker.cameron.sexton@capitol.tn.gov
Rep. Andrew Farmer – Phone: (615) 741-4419 – rep.andrew.farmer@capitol.tn.gov
Rep. Lowell Russell – Phone: (615) 741-3736 – rep.lowell.russell@capitol.tn.gov
Find out why the Tennessee Legislature continues to treat the Second Amendment as a “second class” right.
Contact your Tennessee State Legislators to demand that they sponsor the proposed Constitutional Amendment to restore your Second Amendment Rights.
Some Legislators have proposed and are supporting a Constitutional amendment that would repeal the existing unconstitutional provision and substitute the phrase “That the citizens of this State have a right to keep, bear, and wear arms.” (See Amendment 1 to HJR0038 by Rep. Jay Reedy and SJR0904 by Sen. John Stevens)
The amendment would, at the state level, reinforce that state legislators, local governments and others government decision makers are constitutionally prohibited from engaging in any “interest balancing” that the Supreme Court has said the Second Amendment prohibits.
When we say “some”, as of March 8, 2024, 55 House members (out of 99) have sponsored or co-sponsored the proposed constitutional amendment – but there are some notable omissions like Speaker Cameron Sexton, Speaker Pro Tempore Pat Marsh, and Republican Caucus Chairman Jeremy Faison just to name a few). We are glad to see Rep. Joe Towns sign on as a Democrat member of the Legislature demonstrating that this is not just a “Republican” matter.
On the Senate side is SJR0904. only eight of the State’s 33 Senators have sponsored or co-sponsored the resolution – by Sen. John Stevens , with co-sponsors Senators Bailey, Bowling, Hensley, Jackson, Pody, Haile and Yager. Notably missing are Senate leadership including Lt. Governor McNally, Deputy Speaker Shane Reeves, and Deputy Speaker Dawn White.
Why are these members of leadership in both Houses and other elected members of the Legislature not already signed on as co-sponsors to a proposal that merely makes the Tennessee Constitution compatible with the Second Amendment? That is a question that their constituents need to be asking!
TFA has an easy to use email advocacy call to action tool that allows you to email your House and Senate members, the Lt. Governor, the Speaker of the House and Tennessee Governor with your request that they support amending Tennessee’s constitution.
Use it today and share it with others!
John Harris | Executive Director Tennessee Firearms Association
