2012General Assembly Session
Posted: Sun Jan 08, 2012 2:34 pmAs the second portion (2012) of the 107th General Assembly Session is about to begin (January 10, 2012), it is imperative that we get involved with our Representatives and Senators NOW if there is to be any chance to have an effect on the legislation that will come out of their deliberations this year.
The mantra espoused time and again by those who have a hold on the mechanisms that result in passage (or strangulation) of acts that will ultimately move through the Legislature, is that there is NO support for ANY vetting of issues related to the Constitutionality of our current laws relating to firearms.
As an aside, I find it troublesome that there is a faction of powerful Legislators that use "wordsmithing" to lump all issues which deal with arms (the term used in our Tennessee Constitution to describe the tools protected by the current Article 1, Section 26 for use by the Citizens for the common defense of our State) into the simple and presumed on the part of some, derogatory term, "gun".
That the General Assembly refuses to apply Constitutional scrutiny to the existing restrictions placed on the People (by the Legislature) with respect to keeping and bearing of arms is bothersome in the least. Our original 1796 Constitution, opined by Thomas Jefferson as "“least imperfect and most republican of the state constitutions.”, listed in Article 11 (Declaration of Rights) Section 26: "That the free men of this State have a right to keep and to bear arms for their common defence." It was not until 1870, in the aftermath of the War Between the States, when every State that had been a member of the Confederacy was required to rewrite their Constitutions for acceptance back into the Union, that the Legislature gathered unto itself: "power, by law, to regulate the wearing of arms with a view to prevent crime."
Our Tennessee Supreme Court has said in the Majority Opinion regarding the issue of carrying of arms by the Citizens of this State (in relation to the current version of the Constitution's charge with respect to arms and Rights), Article 1, Section 26 in Andrews v. State: “The Tennessee Supreme Court has recognized that the General Assembly has the authority, under this section of the Constitution, to enact legislation to regulate the wearing and carrying of arms in public. Any such enactment, however, “must be guided by, and restrained to this end, and bear some well defined relation to the prevention of crime, or else it is unauthorized by this clause of the Constitution.”, as well as "The right to keep arms, necessarily involves the right to purchase them, to keep them in a state of efficiency for use, and to purchase and provide ammunition suitable for such arms, and to keep them in repair. And clearly for this purpose, a man would have the right to carry them to and from his home, and no one could claim that the Legislature had the right to punish him for it, without violating this clause of the Constitution. Andrews v. State, 50 Tenn. 165, 181 (1871).”
With respect to what I consider the most important and pressing issue related to Citizens Firearms Rights, which is the "Parking Lot" Bill, (HB 2021), it has come to my attention that there appears to be very little chance that it will be brought up in this session. Again, the presentment by a few key Legislators (correct or not) that there is NO support in the General Assembly for this basic Right of the People to provide for their own safety and security, is a sop to moneyed, powerful business interest who strive to control individual Liberty. It is reflective of a desire to use the trappings of Office to rule at the behest of a few, rather than serve the interest of the People. Seventeen (17) States in the Union have enacted this Legislation, and it has withstood Constitutional muster by virtue of Federal Court challenges in Oklahoma and Florida. In effect the Legislation allows the Handgun Carry Permit Holder (who has undergone State required training, been checked by virtue of an FBI, TBI and Local LE background check, and has paid a tax to the State for a privilege that is in fact a Right) the ability to keep their legally possessed handgun locked in their personal, private vehicle, for their use of self protection on the trip to and from their home. It guarantees that the employer or business owner is not saddled with liability for any misuse that may be committed with those lawful weapons on their property, or otherwise.
It is necessary that the Citizens who are interested in restoring this Constitutionally guaranteed Right, contact their various Representatives and Senators, and ask that they state their support, or non-support for this issue, officially and for publication, as a truthful accounting will be required for the Legislation to move forward.
The mantra espoused time and again by those who have a hold on the mechanisms that result in passage (or strangulation) of acts that will ultimately move through the Legislature, is that there is NO support for ANY vetting of issues related to the Constitutionality of our current laws relating to firearms.
As an aside, I find it troublesome that there is a faction of powerful Legislators that use "wordsmithing" to lump all issues which deal with arms (the term used in our Tennessee Constitution to describe the tools protected by the current Article 1, Section 26 for use by the Citizens for the common defense of our State) into the simple and presumed on the part of some, derogatory term, "gun".
That the General Assembly refuses to apply Constitutional scrutiny to the existing restrictions placed on the People (by the Legislature) with respect to keeping and bearing of arms is bothersome in the least. Our original 1796 Constitution, opined by Thomas Jefferson as "“least imperfect and most republican of the state constitutions.”, listed in Article 11 (Declaration of Rights) Section 26: "That the free men of this State have a right to keep and to bear arms for their common defence." It was not until 1870, in the aftermath of the War Between the States, when every State that had been a member of the Confederacy was required to rewrite their Constitutions for acceptance back into the Union, that the Legislature gathered unto itself: "power, by law, to regulate the wearing of arms with a view to prevent crime."
Our Tennessee Supreme Court has said in the Majority Opinion regarding the issue of carrying of arms by the Citizens of this State (in relation to the current version of the Constitution's charge with respect to arms and Rights), Article 1, Section 26 in Andrews v. State: “The Tennessee Supreme Court has recognized that the General Assembly has the authority, under this section of the Constitution, to enact legislation to regulate the wearing and carrying of arms in public. Any such enactment, however, “must be guided by, and restrained to this end, and bear some well defined relation to the prevention of crime, or else it is unauthorized by this clause of the Constitution.”, as well as "The right to keep arms, necessarily involves the right to purchase them, to keep them in a state of efficiency for use, and to purchase and provide ammunition suitable for such arms, and to keep them in repair. And clearly for this purpose, a man would have the right to carry them to and from his home, and no one could claim that the Legislature had the right to punish him for it, without violating this clause of the Constitution. Andrews v. State, 50 Tenn. 165, 181 (1871).”
With respect to what I consider the most important and pressing issue related to Citizens Firearms Rights, which is the "Parking Lot" Bill, (HB 2021), it has come to my attention that there appears to be very little chance that it will be brought up in this session. Again, the presentment by a few key Legislators (correct or not) that there is NO support in the General Assembly for this basic Right of the People to provide for their own safety and security, is a sop to moneyed, powerful business interest who strive to control individual Liberty. It is reflective of a desire to use the trappings of Office to rule at the behest of a few, rather than serve the interest of the People. Seventeen (17) States in the Union have enacted this Legislation, and it has withstood Constitutional muster by virtue of Federal Court challenges in Oklahoma and Florida. In effect the Legislation allows the Handgun Carry Permit Holder (who has undergone State required training, been checked by virtue of an FBI, TBI and Local LE background check, and has paid a tax to the State for a privilege that is in fact a Right) the ability to keep their legally possessed handgun locked in their personal, private vehicle, for their use of self protection on the trip to and from their home. It guarantees that the employer or business owner is not saddled with liability for any misuse that may be committed with those lawful weapons on their property, or otherwise.
It is necessary that the Citizens who are interested in restoring this Constitutionally guaranteed Right, contact their various Representatives and Senators, and ask that they state their support, or non-support for this issue, officially and for publication, as a truthful accounting will be required for the Legislation to move forward.