Image Credit: TN General Assembly
Tennessee Conservative News Staff –
Tennessee State Representative Chris Todd’s bill to change the state law that prohibits individuals from carrying a firearm “with the intent to go armed” is scheduled to be heard in the House Criminal Justice Subcommittee on March 4th. Todd’s bill would also allow for weapons to be carried into state parks.
In summary, House Bill 2064 (HB2064), “repeals the criminal offenses of unlawfully carrying a firearm or club with the intent to go armed and carrying or possessing a weapon in or on public parks, playgrounds, civic centers, and other public recreational buildings and grounds; allows persons convicted of stalking or a misdemeanor domestic violence offense to possess a firearm after five years from the date of conviction. – Amends TCA Title 16; Title 36; Title 37; Title 39; Title 40; Title 49 and Title 65.”
In a recent interview with The Tennessee Conservative, Rep. Chris Todd (R-Madison County-District 73) said that the current law is hard to understand and that his bill aims to clarify the law. He also said his bill intends to “flip the language so it’s no longer a crime to carry” unless an individual is by law, unauthorized to carry a weapon.
The Tennessee Lookout reports that the bill may change to address 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.
Representative Todd said 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.”
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.
If you support this legislation, use the information below to contact members of the House Criminal Justice Subcommittee before the meeting on Wednesday:
House Criminal Justice Subcommittee – HB2064 to be heard Wednesday, March 4.
HB2064 aims to change the state law that prohibits individuals from carrying a firearm “with the intent to go armed” and allow for weapons to be carried into state parks.
Rep.clay.doggett@capitol.tn.gov; rep.fred.atchley@capitol.tn.gov; rep.andrew.farmer@capitol.tn.gov; rep.william.lamberth@capitol.tn.gov; rep.mary.littleton@capitol.tn.gov; rep.jason.powell@capitol.tn.gov; rep.lowell.russell@capitol.tn.gov; rep.gabby.salinas@capitol.tn.gov; rep.rick.scarbrough@capitol.tn.gov
