by C. Richard Archie » Sat Jul 23, 2011 8:33 pm
CharlieC,
The Republican Caucus has taken the initiative to lock down the introduction of firearms legislation by individual Legislators, via the establishment of a "Firearms Issue Task Force", with the proposed intent "to streamline the process and build consensus within the General Assembly" according to Majority Leader Gerald McCormick. Task Force Chairman Rep. Currie Todd has said in reference to their purpose "This group will work hard to make common sense recommendations to the Majority in order to build consensus about what our legislative priorities for firearms need to be next session."
Now that could be a good thing, IF they really intend, as Leader McCormick has written in his letter to the members of this "Task Force", "The rights guaranteed by the Second Amendment are sacred to many citizens, and we must ensure we craft responsible legislation to protect those rights." Further, Leader McCormick states "This task force will be responsible for studying current state laws to identify if any changes may need to be made." One could assume that the guiding principal applied to that endeavor would be Article 1, Section 26 of our Tennessee Declaration of Rights, "That the citizens of this state have a right (emphasis mine, notice the language of the Framers of our constitution is "right" not privilege) to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.” The Supreme Court of the State of Tennessee has ruled in Andrews v. State, 50 Tenn. (3 Heisk.) 165, 8 Am. Rep. 8 (1871) that "The enactment of the Legislature on this subject, 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."
However, if in fact there is an intention to involve Citizens in the discussion as per Leader McCormick's letter quoted here: "In addition, it will meet with outside groups to gain a better understanding of these issues.", then when would that reach out occur? One member of the "Task Force" has made the statement that "since we are 6 months away from session, what is your rush?" when the question was asked about when the work would start, continuing: "most legislators (and everyone else) are traveling and getting caught up on our real jobs since we are out of Session... most of these things don't start until the fall." Assuming that the Legislature will establish a "cut off" date in 2012 for proposed legislation as in the past year, it begs the question that if actual "study" is to be accomplished, then setting up such activity should begin apace, as not everyone has the ability to drop their "real jobs" instantly, and consideration given to Legislators re notice should be accorded to those non-lawmakers who might be included in the "outside groups" as espoused by the Leader, perhaps contacting those individuals sooner rather than later would be advisable to ensure an opportunity to adjust work dates to allow attendance at whatever forum is established by those with the power to arrange such occurrences.
"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." Samuel Adams
TFA/NRA Life Member
Chapter Leader, West TN Regional Chapter