Bills, resolutions regarding firearms discussed in Nashville
NASHVILLE, Tenn. — Several bills and resolutions regarding firearms were discussed in Nashville on Monday.
One of those was House Joint Resolution 0131, which would establish:
“…the declared public policy of the State of Tennessee relative to the right of the citizens and those within the boundaries of this State to keep, bear, and wear arms.”
Rep. Johnny Garrett says this resolution is to prevent a Tennessean from facing issues with another state’s laws regarding firearms.
“As you all may know, we are states of 50. We have different laws, and under the full faith and credit clause, we have to honor other states’ laws if they should apply here in Tennessee, unless we have a public policy that says otherwise,” Garrett explained. “And if a Tennessean happens to be in a different state and that state or a person from that state decides to sue a Tennessean here in Tennessee, there is a chance that that state’s law could apply here in Tennessee.”
Garrett says this policy would override that clause.
Memphis Rep. Justin Pearson says the resolution is not needed because state laws would be used in each state’s own court.
“The laws of Tennessee apply to the State of Tennessee. The laws of New York apply to the State of New York,” said Pearson, referring to a hypothetical scenario described by Garrett. “Because we know if they were sued in the State of Tennessee, if it went up to Tennessee Supreme Court, they wouldn’t be using New York law to determine whether or not something was right or wrong for a Tennessean.”
The resolution will continue after a passing 75-20 vote.
Another resolution, HJR0038 would amend the Tennessee Constitution, removing the part that “authorizes the legislature to regulate the wearing of arms with a view to prevent crime and to clarify that citizens have a right to keep and bear arms for their defense, and not just for common defense.”
It was referred to the Finance, Ways, and Means Committee.
And from Rep. Chris Todd, HJR0080 would urge the Attorney General and Reporter to review “any newly passed federal statute, regulation, or executive order that may affect the rights of Tennesseans to bear arms.”
If passed, it would allow them to sue if found to be an infringement.
“We are extremely fortunate in this state to have an attorney general that has demonstrated a very strong stance of defending the United States and Tennessee Constitution,” Todd said on Monday. “I want it on the record for all to see that this General Assembly supports our attorney general in his efforts to protect our rights.”
Todd’s resolution passed 72-23 to adopt.
Another representative’s bill, HB 1189, would add protections to manufactures, sellers and dealers of firearms.
“This bill simply protects both our economy and our second amendment rights. This bill establishes limited circumstances where civil liability in the State of Tennessee can be brought against a firearms manufacturer who is located or headquartered in the state of Tennessee,” said Rep. Monty Fritts.
Fritts says that under this law, a manufacturer could still be sued if they misrepresented the product.
HB1189 will continue after a passing 71-24 vote.
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