Image Credit: Joey Hensley / Facebook
The Tennessee Conservative [By Olivia Lupia] –
Senator Joey Hensley (R-Hohenwald-District 28) has introduced a bill intended to help rectify the contradictory and controversial “intent to go armed” provision in the state’s Second Amendment laws.
SB1629 will strike or amend several restrictions on the possession, carrying, and use of firearms, including multiple provisions which criminalize certain firearm or other weapon carrying activities. It will also substitute language to expand permissions for carrying firearms in public parks, greenways, recreational areas, and vehicles.
Perhaps most notably, the bill “deletes the criminal offenses of carrying a firearm or club with intent to go armed and carrying a weapon in a public park with the intent to go armed” which will bring the state more closely into alignment with its purported “Constitutional Carry”.
It also eliminates many provisions which create exceptions to the “intent to go armed” standards and other restrictive prohibitions as they would become unnecessary if “intent to go armed” no longer exists.
SB1629 does, however, retain language in the law keeps it an offense for a juvenile to knowingly possess a handgun or carry a firearm with the intent to go armed, though it does create two additional exceptions to the restrictions.
The current law considers it a “defense to prosecution” for several circumstances a juvenile might use a firearm, including target shooting at an authorized range, sanctioned competitions, hunting with a valid license, and the use of deadly force if the juvenile is at their residence and has the permission of their parent or legal guardian.
Sen. Hensley’s bill would add the exceptions of lawful protection of livestock from predators and specific instances of transporting or storing an unloaded firearm in a motor vehicle while on or utilizing a public or private parking area.
The “intent to go armed” and carrying in parks or recreational spaces caveats in Tennessee have become a heated legal battle as the state has been sued over the provisions. In August of last year, a three-judge panel ruled those parts of the law unconstitutional, and numerous GOP leaders and lawmakers urged the state not to appeal.
Yet Tennessee Attorney General Jonathan Skrmetti has appealed the ruling despite reportedly acknowledging his agreement that they do violate the Second Amendment.
According to the Tennessee Firearms Association (TFA), Skrmetti, who recently addressed the issue at a small meeting with conservative voters, openly conceded that many existing Tennessee statutes (not just “intent to go armed” and “parks”) are likely unconstitutional, but asserted it was wrong for the trial court to sweepingly declare the statutes in violation because he claims that even the unconstitutional statues might sometimes be constitutional.
He argued that while courts have the authority to block unconstitutional applications of laws, they should not invalidate entire statutes when portions of that law may remain constitutional. He further advocated that the issue should be resolved by the legislature and not the courts, though TFA questions if that is a valid solution given that the statutes have been declared unconstitutional, yet the legislature has ignored bills to repeal them for years.
It is possible Sen. Hensley’s bill modifying the law’s language could be the first step in rectifying Skrmetti’s stated issues and addressing the unconstitutional portions, especially now that Hensley could use the court’s ruling to justify his position. SB1629 is awaiting a committee assignment to begin its journey through the legislature.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
