by Horatio Bunce
Sen. Mark Green introduced a “Constitutional Carry” bill (SB1483) last week before the Senate Judiciary Committee. This was one of many issues various Republicans promised to address if their party ever gained the majority in the state legislature. Years of Republican majorities later and now with a veto-proof super-majority, the only progress made is you can now drive with your legally purchased arms in your vehicle without a special tax paid to the state. However, you cannot bear your legally purchased arms outside of your home or your personal vehicle without paying a perpetual tax to the state to exercise your “right” to keep and bear arms, pay an exorbitant fee for an additional criminal background check and 8 hours of instruction by the THP carry permit monopoly and submit to fingerprinting – just like an arrested criminal. The original bill was simple: remove the currently unconstitutional infringements on the legal possession and bearing of arms by non-felons that are imposed by the state in the form of perpetual taxation for the exercise of a constitutionally-protected right. The ability to pay a perpetual tax to obtain an unconstitutional “carry permit” for reciprocal use in other states would remain if you so choose. A criminal background check (background tax and sales tax paid by the buyer) would still be required to purchase any new firearms.
Sen. Green had already acquiesced to amend the bill into “Less Than Constitutional Carry” by adding a requirement for the same mandatory 8 hours of training, currently controlled by the state Police For Profit class, that is required to get your unconstitutional “carry permit” (a.k.a. receipt of tax paid to exercise your “right”) in Tennessee. This, despite the fact that the same department currently is willing to issue reciprocity permits to visiting Alabama residents – where no training at all is required.
This amendment to the bill did two things: 1) It removed any argument by the Anti-Constitutionalists that there was no “safety training” of those bearing arms. Anyone carrying open or concealed would have to produce their state government-approved training certificate upon demand by the Police For Profit class. Again, that returns actually bearing arms to a state-sanctioned privilege controlled by the Police For Profit Class, not a right. However, they would receive the exact same 8 hours of training currently imposed on those obtaining the unconstitutional “carry permit”. 2) It maintained the Police For Profit class revenue source for all that mandatory training, although Sen. Green did dare to add that the training could be provided by the U.S. military. The one revenue stream dislodged would be the exorbitant $72 the Police For Profit class charges for a SECOND background check as they fingerprint you like a criminal for showing up to pay your 2nd Amendment Tax. Remember, that first background check only cost $10 when you purchased the weapon.
With over a half million Tennesseans already forfeiting their 2nd Amendment right to pay $150 every 7 years for the privilege of bearing arms in Tennessee, you can see the Police For Profit Class stands to lose a lot. You do the math on the revenue stream at stake.
You really should take the time to watch the Senate Judiciary Committee hearing of this bill.
Note the timidity of judge-selector Brian Kelsey as he “reluctantly” seconds the motion to even hear the already-neutered bill. Hear the “legal opinion” that it is against Tennessee law to be in possession of a loaded weapon without the Police For Profit Class’ explicit permission – but unloaded is ok. Listen to the arguments made by the Anti-Constitutionalists and the Police For Profit head revenue agent Tracy Trott as they rationalize that while they know the status quo infringements are indeed unconstitutional (and therefore illegal as any real-smart attorney should know), in their opinion, they are not “unreasonable” unconstitutional demands. Trott is all about maintaining “control” of the revenue, and claiming they provide necessary “constitutional training” regarding use of deadly force to the permit holder. Apparently, Trott was daydreaming about his next highway robbery asset forfeiture stop of “trucky-trailers” when Sen. Green explained the amendment to the bill required the exact same 8 hours of training they are already providing – except we would not continue to fleece our innocent, law-abiding, already-passed-a-background check neighbors perpetually in order to exercise their constitutionally-protected right. Like Robot Rubio, head revenue agent Trott can only repeat the same couple of irrelevant lines over and over. The Anti-Constitutionalists have no response to the fact that Tennessee grants reciprocity to Alabama concealed carry visitors – who are not required to have any sort of training by their state (just pay us their money for the privilege of walking into Tennessee). Particularly, Senator Kerry Roberts had the courage to openly argue for your constitutionally-protected rights in support of Green’s bill and made very reasonable points exposing the hypocrisy of our current unconstitutional statutes.
End result: In the Republican-stacked committee (7-2), alleged Republicans Doug Overbey and John Stevens sided with the Democrats and the Police For Profit Class against the law-abiding citizens and the US Constitution. Republican Todd Gardenhire abstained, apparently believing restoring constitutionally-protected rights is a “bad bill”. Bill Fails to pass committee 4-4-1.
Yeas : Mike Bell, Janice Bowling, Brian Kelsey, Kerry Roberts
Nays : Doug Overbey, John Stevens, Sarah Kyle, Lee Harris
Present Not Voting : Todd Gardenhire