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How did permitless carry become Tennessee law?

By , Daily Memphian Updated: May 03, 2021 11:32 AM CT | Published: May 03, 2021 4:00 AM CT

Some said “permitless carry” was dangerous, arguing mandatory firearm permits and training are valuable tools in keeping guns away from people who may not use them responsibly.

Others said Gov. Bill Lee’s version of “Constitutional Carry” was one of the weakest in the country, doing too little to expand gun rights.

Law enforcement — usually in lockstep with “Thin Blue Line” Republicans — opposed it, saying it risked making certain laws “unenforceable.”


As governor pushes for permitless carry, law enforcement leaders push back


An overwhelming majority of the public supports permitting, training and background checks, according to polls.

And on top of that, the National Rifle Association, the most prominent gun-rights group, is seeking bankruptcy protection.

But in the end, the political momentum was on the side of gun rights supporters. They didn’t even have to spend outrageous sums of money on lobbying or campaign contributions in order to make “Constitutional Carry” law.

In just a few months, adults will be able to carry a handgun without a permit in Tennessee. Lee’s “Constitutional Carry” bill flew through the Republican supermajority-controlled General Assembly, and Lee signed it into law last month to take effect July 1.

It passed with significant opposition, but those opponents don’t have many seats at the table.

“It moves the ball down the field,” state Sen. Mike Bell told his colleagues, using a football metaphor to placate those who said the bill was too weak. In other words, it may not be a touchdown, but it’s not a fumble.

Matt Collins, a lobbyist for the National Association for Gun Rights (NAGR), noted that two dozen states have passed or are considering a version of permitless carry, and that “tens of thousands” of Tennesseans put pressure on politicians to pass it.

“Freedom is popular,” Collins stated in an email. “The idea that one has to pay to exercise one’s rights is archaic and people understand that.”

Less than you might think

Gun rights groups spent relatively little on lobbying and campaign contributions ahead of this year’s legislative session, documents show.

The NRA reported spending less than $10,000 on lobbyist compensation and less than $10,000 in other lobbying expenses in its latest disclosure, filed in February. It reported spending the same amounts in its disclosures for mid-2020 at the end of 2019.

NAGR spent slightly more, between $10,000 and $25,000 on lobbyist compensation in its disclosures filed in January and in mid-2020. It reported less than $10,000 on other lobbying expenses both times.


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In fact, those organizations were outspent by the Tennessee Sheriffs’ Association and Everytown for Gun Safety, which opposed permitless carry.

But the NRA has close connections to the Lee administration.

It endorsed Lee in 2018 and many lawmakers, including Bell, advertise their NRA membership in the “community involvement” tab on their state web pages.

Matt Herriman, the NRA’s lobbyist for Tennessee and a handful of other southern states, has worked for Lee and many other Republicans.

According to his LinkedIn page, Herriman worked as the political director for the Tennessee Senate Republican Caucus for most of 2018, and as a legislative liaison in Lee’s office for most of 2019, before taking his current job at the NRA. He’s also worked in the legislative offices or on the campaigns of a handful of other politicians, including state Sen. Shane Reeves (R-Murfreesboro).

Herriman referred to permitless carry as a “commonsense” bill.

“While there was some opposition, which is disappointing to see with any legislation that advances the rights of those who follow the law, its ultimate success was grounded in the fact that people believe in the right to defend themselves and their families,” he wrote in a statement. “We fought to protect those freedoms because they are fundamental and natural, not government-given.”

Law enforcement

The Tennessee Bureau of Investigation, the Tennessee Sheriffs’ Association and a Memphis police official testified against the bill, saying that without a stronger permitting process, it would be harder to determine who is “law-abiding.”

Their opposition was notable, as many conservatives, including Bell, have vocally supported the “Blue Lives Matter” movement, which opposes the Black Lives Matter movement.

Memphis Deputy Police Chief Samuel Hines opposed making permits optional.

“Without a background check and a permit system, it allows those that now carry illegal to conceal themselves among legal carriers . . . without detection,” Hines told a Senate committee in March.

Jeff Bledsoe, of the sheriffs’ association, supported the enhanced penalties in the law for theft, but opposed the bill for similar reasons.

“We believe that just eliminating this permit process without some type of alternative would have a negative impact on the safety of our citizens and law enforcement,” Bledsoe said.

Bell’s response, essentially, was that it was the price of freedom.

“I don’t believe that government should mandate (permits or training) when it is a right,” he said. “It should be done by responsible gun owners with their own free will.”

Collins, of NAGR, contended that permits get in the way of gun rights.

“A lot of good-intentioned people don’t understand what Constitutional Carry is,” he said. “Simply, it’s the idea that if you’re legal to possess a firearm, you’re legal to carry one, just as the Constitution spells out.”

He continued: “The fact that the Constitution doesn’t require training to carry a firearm scares some people, but the truth is everyone should absolutely seek training with their firearm and we encourage it. But training is not a prerequisite to exercise one’s rights.”

But according to Kristi Cornett, of Moms Demand Action and the Tennessee Democratic Party, gun rights and safety can coexist.

“We can support the Second Amendment and also support gun safety training,” she told The Daily Memphian.

“(Lee and Republican leadership) have said they support law enforcement, but they only support them when it’s convenient.”

State Sen. Raumesh Akbari (D-Memphis) said it’s exceedingly rare for her to be on the same side as law enforcement, who she joked routinely kill her bills for sport.

“They are against this! Why?” she said on the Senate floor last month. “I think this is such an unnecessary and dangerous move.”

Not over yet

Neither progressives nor libertarians are satisfied, and both say they will continue to lobby for restricted or expanded gun laws.

Cornett predicted an increase in gun deaths and political consequences for the lawmakers who supported it, even though gun rights are far more popular among Republican primary voters than the general public.

Collins, who referred to Lee’s “weak” proposal as “Confused Carry,” said his organization would be back next year to push for even looser gun laws.

“Why didn’t the legislature and governor just do it right the first time?” Collins said.

State Sen. Jeff Yarbro (D-Nashville) said there are more important issues for the General Assembly to tackle, when many Tennesseans face gun violence or go bankrupt because of medical bills.

“We’re working on the wrong problem here,” Yarbro said. “There’s a reason that most people, most gun owners and most members of law enforcement are against this — because it’s an immense responsibility to go armed amongst your fellow citizens. And this doesn’t take that responsibility seriously.”

Akbari and Yarbro both said Tennessee’s gun laws are already loose enough. Akbari rhetorically asked her gun-owning colleagues about the process they had to go through.

“Was it so burdensome for you to do it?”

Topics

Subscriber Only Gov. Bill Lee permitless carry NRA NAGR constitutional carry law

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Ian Round

Ian Round

Ian Round is The Daily Memphian’s state government reporter based in Nashville. He came to Tennessee from Maryland, where he reported on local politics for Baltimore Brew. He earned a master’s degree in journalism from the University of Maryland in December 2019.


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