Duplicate Law Has Zero Practical Effect
Bill Link: SB557
Effective Date: 5/18/2021
Overview: A bill sponsored by Sen. Mike Bill (R-Riceville) (SB557) will also have zero practical effect. In fact, it merely duplicates a law already on the books.

The law prohibits the allocation of public funds, personnel, or property by the state or its political subdivisions for ” the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation. or an international law or treaty regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.”

This bill language is almost identical to the 2015 law. And since 2015, that law has had absolutely no effect or impact in practice – because it does nothing.

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Law Asks for Permission to Protect 2nd Amendment, Creates “Sanctuary” for Nothing
Bill Link: SB1335
Effective Date: 5/18/2021
Overview: Two laws now in effect in Tennessee beg for permission to stop state and local enforcement of federal gun control.

Sen. Joey Hensley (R-Hohenwald) sponsored Senate Bill 1335 (SB1335). Rep. Scotty Campbell (R-Mountain City) sponsored the companion bill in House (HB928). Titled the “Tennessee Second Amendment Sanctuary Act,” the law creates a sanctuary for nothing in practice.

In 2015, Tennessee enacted a law that bans Tennessee state or local public funds, personnel, or property from being used for the “implementation, regulation, or enforcement of any federal law, executive order, rule or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories” if such use “would result in the violation of Tennessee statutory or common law or the Constitution of Tennessee.”

The problem with this law is that it lacks any method to determine if a specific federal action violates the Tennessee constitution or a Tennessee law. For full effect, it needs to define specific acts that violate the state constitution. Instead, SB1335/HB928 created a process to determine constitutionality – an opinion by the U.S. or Tennessee Supreme Court. The new law added the following language to the current law.

“Pursuant to the sovereign authority of this state, a law, treaty, executive order, rule, or regulation of the United States government that has been found by the supreme court of the United States or the Tennessee supreme court to violate Article I, § 26 of the Constitution of Tennessee or the Second Amendment to the United States Constitution is null, void, and unenforceable in this state.”

In other words, the state will continue to enforce all federal gun control until a court gives them permission to stop.

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Rejecting Gun Control by International Law or Treaty
Bill Link: HB2389
Effective Date: 7/1/2016
Overview: A new Tennessee law setting the foundation to stop enforcement of gun control imposed by international law or treaty goes into effect.

House Bill 2389 (HB2389) was introduced by Rep. John Windle (D-Livingston).  It prohibits law enforcement officers from enforcing provisions of international law and treaties that limit gun rights as specified in Article I, Section 26 of the Tennessee State Constitution. It reads, in part:

“On or after July 1, 2016 no personnel or property of this state, or any political subdivision of this state, shall be allocated to the implementation, regulation, or enforcement of any international law or treaty regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories, if the use of personnel or property would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.”

“This bill prohibits any interference of [the right to keep and bear arms] by international treaty,” said Windle on the House floor last month.

A House subcommittee voted to kill the bill, but after heavy grassroots pressure, the subcommittee reconvened on the measure, passing it by a 3-2 vote. The full House passed the bill by an 88-2 vote. And the Senate passed it unanimously, 26-0.

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Tennessee Law Prohibiting State Enforcement of Federal Gun Control – Does Nothing in Practice
Bill Link: SB1110
Effective Date: 5/18/2015
Overview: Tennessee Gov. Bill Haslam signed a bill to prohibit the state from implementing or enforcing federal gun “laws,” rules, regulations and orders that are contrary to the Tennessee state constitution.

Introduced by Sen. Richard Briggs, Senate Bill 1110 (SB1110) will ban Tennessee state or local public funds, personnel or property from being used for the “implementation, regulation, or enforcement of any federal law, executive order, rule or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories” if such use “would result in the violation of Tennessee statutory or common law or the Constitution of Tennessee.”

Originally introduced in the House as HB1341 by Rep. Terri Lynn Weaver, the bill represents and important first step to ending federal gun control in the state. “I’m from the cut that there is no need for Washington D.C. to be the end all and be all with regards to the regulatory world,” said Weaver. “We should respect our 10th Amendment and shift the power back to the states and that’s what House Bill 1341 does.”

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