Eleanor Finch
In March 2021, Tennessee's Senate Judiciary Committee passed a bill to allow the permitless carry of handguns, also known as constitutional carry. The bill, which was supported by Governor Bill Lee, proposed to allow both open and concealed carry of handguns for people 21 and older without a permit, as well as for military members aged 18 to 20. It also sought to increase punishments for certain gun crimes, such as theft of a firearm. The bill was controversial, with opponents arguing that removing the permitting and training process for gun ownership would lead to increased violence and crime in communities. However, supporters of the bill claimed that the state's current permitting process was unconstitutional and that lawful citizens should not be required to obtain a permit to carry a firearm. The bill advanced in the legislature, passing the House and moving on to the governor's desk, where it was expected to be signed into law.
| Characteristics | Values |
|---|---|
| Bill Name | "Constitutional Carry" |
| Bill Introduced By | Governor Bill Lee |
| Bill Purpose | To allow people in Tennessee to carry a gun without a permit |
| Bill Status | Passed the Tennessee House and Senate judiciary committee; awaiting Governor Bill Lee's signature |
| Opposition | Tennessee Bureau of Investigation, Tennessee Sheriff's Association, Memphis Police Director Michael Rallings, Nashville resident Brett Marker, National Association for Gun Rights, Deputy Chief Samuel Hines, Retired Dickson County Sheriff Jeff Bledsoe |
| Support | Rep. Jerry Sexton, R-Bean Station, Rep. William Lamberth, Frontier Firearms founder Brant Williams, John Harris |
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What You'll Learn
- Tennessee's Senate Judiciary passes a bill to allow permitless carry of handguns
- Governor Bill Lee supports removing the permitting and training process
- Law enforcement leaders oppose the bill
- The bill proposes to allow open and concealed carry of handguns for people 21 and older
- The bill passed the Tennessee Senate's Judiciary Committee
Tennessee's Senate Judiciary passes a bill to allow permitless carry of handguns
Tennessee's Senate Judiciary has passed a bill that would allow for the permitless carry of handguns in the state. The bill, commonly referred to as "constitutional carry", would remove the requirement for a permit to carry a handgun, allowing both open and concealed carry for individuals over the age of 21. The bill also includes provisions for military members between the ages of 18 and 20.
The passage of this bill by the Senate Judiciary is a significant step forward for the legislation, which has been supported by Governor Bill Lee. In his 2021 State of the State address, Governor Lee outlined his support for the bill, stating that it would advance "Second Amendment rights by allowing law-abiding citizens to carry a handgun without a permit while enhancing penalties for firearm theft."
However, the bill has also faced opposition from various groups, including the Tennessee Bureau of Investigation and the Tennessee Sheriff's Association. Some, like Memphis Police Director Michael Rallings, have expressed concern over the removal of the permitting and training process for obtaining a gun, stating that it could make communities less safe. Despite these concerns, the bill passed the Senate Judiciary on a 7-2 party-line vote.
Following its passage in the Senate Judiciary, the bill will continue to advance through the legislative process. It will be considered by additional committees, such as the Finance, Ways, and Means Committee, before potentially becoming law. If enacted, Tennessee would join 12 other states that already allow constitutional carry, including Vermont, which has achieved a low gun violence rate.
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Governor Bill Lee supports removing the permitting and training process
Governor Bill Lee has supported removing the permitting and training process for getting a gun for over two years. In 2020, the pandemic kept the legislature from passing the bill, but it passed a House Judiciary Committee in May of that year.
In his State of the State address in 2021, Lee outlined his support for a "constitutional carry" bill, which would allow law-abiding citizens to carry a handgun without a permit. The governor's office defined constitutional carry as "advancing Second Amendment rights by allowing law-abiding citizens to carry a handgun without a permit while enhancing penalties for firearm theft."
Lee has said that the permitting process puts an unnecessary burden on lawful gun owners. He has also stated that the legislation is about "increasing freedom for law-abiding citizens and implementing harsher penalties for criminals." The governor has also addressed concerns about the lack of support from some in law enforcement, saying that he believes it is possible to "protect our law enforcement, protect our citizenry, and protect our Second Amendment rights all at the same time."
The bill, as introduced, proposes to create an exception to the offense of unlawfully carrying a firearm if a person meets the qualifications for an enhanced handgun carry permit, lawfully possesses a handgun, and is in a place that the person has a right to be. It also includes provisions for both open and concealed carry of handguns for people 21 and older without a permit, as well as military members aged 18 to 20. The bill also proposes to increase punishments for some firearm-related crimes.
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Law enforcement leaders oppose the bill
On March 4, 2021, Tennessee's Senate Judiciary Committee passed a bill that would allow for the "constitutional carry" of handguns, meaning people could carry a gun without a permit. The bill was supported by Governor Bill Lee and passed with a 7-2 vote.
However, law enforcement leaders in Tennessee and across the US have opposed similar bills, expressing concerns for public safety and the safety of law enforcement officers. For example, in April 2021, law enforcement leaders in Texas gathered at the Capitol to oppose bills allowing Texans to carry handguns without a license. Texas Municipal Police Association Executive Director Kevin Lawrence stated:
> We are here not because we oppose the Constitution. We have all sworn to uphold the Constitution. You'll notice I'm wearing a tie with the Constitution on it. We are here because of our concerns for public safety. We're concerned that this bill passing will make the jobs for our law enforcement officers more difficult and more dangerous. This bill is just bad public policy."
In May 2020, Memphis Police Director Michael Rallings testified against the bill, stating:
> We're concerned about not requiring individuals to have training before they're able to legally carry a firearm... I do not support the bill because I feel it would make my city less safe."
In Louisiana, law enforcement leaders also opposed a similar bill, with East Baton Rouge Sheriff Sid Gautreaux III stating:
> This is an absolutely terrible bill, not only for the men and women who wear this badge and serve the public, but it's a terrible bill for the public as well."
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The bill proposes to allow open and concealed carry of handguns for people 21 and older
In 2021, Tennessee's Senate Judiciary Committee passed a bill that would allow for the permitless carry of handguns in the state. The bill, supported by Governor Bill Lee, proposes to allow for both open and concealed carry of handguns for people 21 and older without a permit. It also includes provisions for military members aged 18 to 20.
The bill, dubbed "constitutional carry" by its proponents, aims to advance Second Amendment rights by removing the requirement for law-abiding citizens to obtain a permit to carry a handgun. It is worth noting that this type of legislation is already in place in 12 other states, with Tennessee potentially becoming the 13th.
The proposed bill has sparked controversy, with opponents arguing that removing the permitting and training process for gun ownership could lead to increased violence and crime. Law enforcement leaders, including the Tennessee Bureau of Investigation and the Tennessee Sheriff's Association, have spoken out against the measure. They argue that any reduction in gun laws will result in more crime and violence within communities.
However, supporters of the bill counter that the state's current permitting process is out of line and that lawful citizens should not be required to pay a fee or undergo training to carry a firearm. They believe that the bill will help restore freedoms and align with their interpretation of the Constitution.
As of March 2021, the bill has advanced in the legislature, passing the Senate Judiciary Committee and moving on to the Finance, Ways, and Means Committee. It has also gained approval from the House Criminal Justice Subcommittee, which sent it to the full Criminal Justice Committee for further discussion and consideration.
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The bill passed the Tennessee Senate's Judiciary Committee
On March 2, 2021, Tennessee's permitless gun carry bill passed the House and was sent to Governor Bill Lee's desk. The bill, which would allow people in Tennessee to carry a gun without a permit, was expected to be signed into law by the governor.
Prior to this, on March 4, 2021, the bill had passed the Tennessee Senate's Judiciary Committee with a 7-2 party-line vote and moved on to the Finance, Ways, and Means Committee. The House Criminal Justice Subcommittee also approved the legislation, sending it to the full Criminal Justice Committee for consideration and discussion.
The bill, known as "constitutional carry," was supported by Governor Bill Lee and would allow Tennesseans aged 21 and older to openly and concealedly carry a gun without a permit. It also proposed to increase punishments for certain gun crimes, such as boosting the theft of a firearm from a misdemeanor to a felony.
However, the bill was controversial, with opposition from law enforcement leaders, including the Tennessee Bureau of Investigation, the Tennessee Sheriff's Association, and the Memphis Police Department. They argued that removing the permitting and training process for obtaining a gun would make communities less safe.
Supporters of the bill, such as Rep. Jerry Sexton, argued that the state's current permitting process was unconstitutional and that lawful citizens should not be required to pay a fee or have a permit to carry a firearm.
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Frequently asked questions
The constitutional carry bill, also known as SB0765/HB0786, has been advancing through the Tennessee legislature since 2021. It has faced opposition from law enforcement and gun control advocates but continues to progress.
The bill proposes to remove the requirement for a permit to carry a firearm in Tennessee. It would allow individuals 21 and older to openly or concealed carry handguns without a permit, with exceptions for those with prior convictions or mental health commitments. It also seeks to increase penalties for certain gun-related crimes.
The bill has received support from Governor Bill Lee, who included it in his legislative priorities, as well as Republican lawmakers and gun rights advocates who argue that the current permitting process is unconstitutional.
The exact date for a vote on the constitutional carry bill in Tennessee is not currently known. However, as of March 2021, the bill has been advancing through various committees and legislative chambers, facing opposition and amendments along the way. It is expected to go before the full House and Senate for a vote.
