Bill to expand Tennessee gun-carry rights likely to be amended

A West Tennessee Republican sponsoring legislation to widen gun-carry rights is expected to bring the bill even as the state appeals a court ruling that found part of current law for carrying weapons violates the state Constitution.

The bill is likely to be changed, though, to assuage concerns about the authority of police to stop and question someone who is openly carrying a weapon, for instance, a rifle near a school or along a busy street.

House Bill 2064, sponsored by Rep. Chris Todd of Madison, is scheduled to be heard by the Criminal Justice Subcommittee Wednesday. He had not filed an amendment by late Monday, and he would not confirm whether he’ll be presenting it that day.

Todd’s bill would change a state law prohibiting people from carrying a weapon “with the intent to go armed.” It also would legalize carrying weapons in state parks.

A section of the bill allowing a person to get their guns back five years after a domestic violence conviction could be removed.

Todd confirmed he’s had “productive” negotiations with law enforcement officials, “understanding what their concerns are just from a day-to-day standpoint out in the field.”

Critics of the bill say it’s unusual for a lawmaker to try to pass legislation wrapped in litigation.

Tennessee Moms Demand Action, an advocacy group for responsible gun laws, said lawmakers would be re-arming convicted stalkers and domestic abusers “while recklessly codifying a dangerous court decision without meaningful guardrails” if they pass the measure.

“This bill is a dangerous rollback of the protections that keep domestic violence survivors safe, potentially allowing abusers to regain their firearm rights in as little as five years, even though we know domestic abusers with firearms are five times more likely to kill their female partners. Instead of prioritizing the safety of our families, this legislation risks the lives of domestic violence survivors while doubling down and allowing firearms into our public playgrounds and parks, and school sporting events. This is a slap in the face to survivors across Tennessee,” said Carol Buckley Frazier, a volunteer with Tennessee Moms Demand Action.  

Todd said Monday he is plowing ahead with the measure.

“The God-given right to keep and bear arms has been foundational to the continued success of our state and nation,” Todd said in a statement early in the session. “This critical legislation provides needed clarity by reforming the structure of our gun laws to ensure law-abiding Tennesseans can legally carry firearms across the state. These essential changes preserve liberty and safeguard the ability of citizens to protect themselves, their families and their communities.”

Lawmakers passed Gov. Bill Lee’s permitless carry bill in 2021 allowing eligible people to carry weapons in unrestricted places as long as they don’t have felony or domestic violence convictions or outstanding domestic violence protective orders. 

But the state maintains a law against carrying a firearm “with the intent to go armed,” in addition to rules blocking weapons in state parks. It applies to situations in which a person would be carrying a weapon without a designated purpose. For instance, carrying a rifle for hunting would not fit the definition.

Judicial panel rules against Tennessee “going armed” law and parks gun prohibition

Todd’s bill comes after a judicial panel in Gibson County Chancery Court ruled in favor of plaintiffs Stephen L. Hughes, Duncan O’Mara, Elaine Kehel, Gun Owners of America and Gun Owners Foundation in finding the statutes violate Second Amendment and constitutional rights to bear arms. The panel stopped short of ordering the state to quit enforcing the laws.

The Gun Owners Association argued that one of its members who holds an enhanced carry permit is unable to “lawfully” carry a gun to defend his family while visiting Tennessee parks. Another of the plaintiffs who holds no carry permit said she fears prosecution if she takes a weapon to a playground, civic center or other area owned by local or state government.

“This statute makes the entire state a ‘gun-free’ zone” for those members and supporters, the ruling says.

Attorney General Jonathan Skrmetti’s office, which is taking the case to the Tennessee Supreme Court, argued, in part, that the state can place limits on the “intent to go armed” because the Second Amendment doesn’t protect the right of people to carry a hand grenade.

The judicial panel found the state’s arguments “unpersuasive” because they don’t defend or address “the constitutional infirmity at the heart of the statute – the criminalization of the constitutional right to bear arms.”