Tennessee doesn’t have many regulations around guns as it is. But according to Republican legislators and gun-rights activists, there is still lots of work to be done.
Of the thousands of bills being discussed in the Tennessee General Assembly during this session, a good number of them involve firearms. And while a few of them aim to introduce light regulations, most seek to bring the state closer to the so-called “constitutional carry” standard — the concept that the Second Amendment abides no restrictions to gun rights whatsoever.
“The [Supreme] Court quite clearly says if the restriction didn’t exist in 1791, when the Second Amendment was adopted, it is unconstitutional to impose it today,” says John Harris, executive director of the Tennessee Firearms Association. As a proponent of constitutional carry, he believes the state still has a lot of work to do in the way of fully deregulating guns.
Bills concerned with deregulation range from legislation that lines up with the national firearm debate to other very atypical legislation. One bill would allow faculty and staff to carry handguns in school. Another limits people’s ability to file lawsuits against firearm manufacturers. Yet another bill “allows law enforcement officers to carry a firearm when under the influence of alcohol or controlled substances.”
The bill that seems to be drawing the most concern from the left and vigorous defense from some on the right is one that would lower the age at which a person can lawfully carry a handgun in public without a permit from 21 to 18. Tennessee first allowed permitless carry for people ages 21 and up back in 2021. Pro-gun groups see the age restriction as being antithetical to the concept of constitutional carry — though Lt. Gov. Randy McNally (R-Oak Ridge) has expressed skepticism over lowering the age.
According to Harris, age restrictions and other classes of regulation are not the only obstacles in the way of constitutional carry.
“If an officer sees a person [with a gun] walking down the street, they’ve got the authority because they see the commission of a crime to stop them, detain them, question them, ask to see a permit,” says Harris. “Ask them if they meet the elements of permitless carry. So that’s the big difference between having a constitutional carry law versus what we have now.”
Sen. London Lamar (D-Memphis)
“While I didn’t necessarily think permitless carry was good, 21 was a reasonable age for me for gun ownership,” says state Sen. London Lamar (D-Memphis). “You know, it’s like people think 21 is a reasonable age for you to start drinking. So lowering it to 18 is a concern for me, because it means high school students can go and purchase guns.”
In May of last year, the country was rocked by the Robb Elementary School shooting in Uvalde, Texas, when an 18-year-old gunman killed 21 people — both students and teachers. Studies are showing that the number of mass shootings carried out by younger assailants has increased over the past decade.
“I’m a big supporter of the Second Amendment,” says Lamar. “Citizens’ rights to own guns is not the issue. But when we put in laws like permitless carry that don’t require background checks, proving that you know how to use these deadly weapons, I think that it puts the community in a dangerous position.”
Tennessee consistently ranks at or near the top 10 in total annual gun deaths. From 2016 to 2020, Shelby, Davidson and Knox counties had the largest numbers of gun deaths in the state.
“I understand there tends to be commonality around the folks who introduced this type of legislation and where they’re from,” says Lamar. She says many of the legislators filing these bills represent rural districts where constituents want certain freedoms surrounding guns that may be dangerous in dense urban areas like Nashville or Memphis.
With a population of nearly 1 million, Shelby County has the second-highest gun death rate in the state — second only to Lewis County, which has a population of fewer than 15,000. Lamar has filed legislation that would require a person to have a permit in order to carry a handgun in Shelby or Davidson counties.
Sen. Frank Niceley (R-Strawberry Plains)
But given the Tennessee General Assembly’s Republican supermajority, Lamar’s legislation faces an uphill battle. Lamar points out that Black people and poor communities are disproportionately affected by gun violence. She says that while complete deregulation of guns might be what people want in more rural areas — areas such as the counties gun-deregulation bill sponsors Sen. Frank Niceley (R-Strawberry Plains) and Rep. Chris Todd (R-Jackson) represent — legislation like the bill she is filing is necessary to prevent more deaths in our most vulnerable communities.
“The people dying from gun violence are poor people and Black people,” says Lamar. “It seems that if you look at the data, only certain communities are suffering from this irresponsible legislation. And you can’t help but wonder, with so much support steadily pushing it forward, is there some type of motivation to attack these communities?”
The Scene reached out to multiple members of the Republican caucus for comment but did not receive any responses.
Update, Feb. 21: A bill sponsored by Sen. Joey Hensley (R-Hohenwald) has been amended and would no longer would allow intoxicated law enforcement officers to carry guns. It would instead allow students on college campuses to carry a handgun if they have an enhanced handgun carry permit.
