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The legislative headlines from last week highlighted House Bill 2064, which, among other provisions, would allow rifles and shotguns, aka long guns, to be carried in parks. The bill sponsored by Rep. Chris Todd (R-Madison County) and Sen. Paul Bailey (R-White County) passed on a party-line vote out of the House Criminal Justice subcommittee. Yet, the staunch 2^nd Amendment rhetoric of Republican legislators and the pro-gun lobby history of the state is not a guarantee this time that the bill will pass.

With “permitless carry” passed and signed by the Governor in 2021, Tennessee moved into the top half or bottom half, depending on how you view the issue, of states with the most permissive gun laws according to gun control advocates, Everytown. Weakly regulated firearm possession is no surprise in a state known for both its high crime rates and prevalence of citizens with a valid hunting license. However, it’s a 14-year-old campaign thrashing at the hands of the National Rifle Association that still reverberates across the GOP caucus and has legislators looking for ways to tweak the laws on behalf of their gun-toting constituents.

In 2012, Rep. Debra Maggart, the House Caucus Leader and A+-rated NRA member, became the example of what happens when you don’t march lock-step with the powerful gun lobby. Maggart took the side of private property owners over gun rights in regard to legislation drafted by the NRA. The proposal allowed guns to be stored in cars even if the private property owner prohibited firearms on their property (Think corporations who wanted to avoid litigation associated with firearm incidents during work hours).  Following Maggart’s defeat, the “Guns in Cars” law was passed, resulting in a 641% increase in gun thefts from vehicles in Memphis from 2011 to 2023.

While the NRA is not the 2^nd Amendment juggernaut it used to be, the Tennessee Firearms Association’s Legislative Action Committee (TFALAC) is flush with nearly $300,000 in cash on hand, according to its most recent filing with the Tennessee Registry of Election Finance. TFALAC has contributed generously to Rep. Todd and Sen. Bailey, the bill’s sponsors, as well as to the numerous co-sponsors. That is no surprise, even to a casual observer of Tennessee politics.

Here’s the interesting part: According to a recent post by TFA President John Harris, the organization does not support the bill in its present form.

Last August, a three-judge panel struck down Tennessee gun laws regarding “intent to go armed” and carrying a gun in parks, saying they violated the Second Amendment. You can read more about it in this Tennessee Lookout article written by Sam Stockard.

“What three-judge panel?” You may be asking.

With little to no fanfare outside of the legal community, the legislature passed a 2021 law allowing the Tennessee Supreme Court to appoint three-judge panels to decide on issues that meet certain criteria, like suits that challenge the constitutionality of a state statute. The panel must be appointed from all three grand divisions of the state. Notably, the three judges in this case were from rural communities, whereas an urban-based jurist might have interpreted the law differently, but I digress.

At the time of the ruling, Rep. Todd indicated he agreed with the court’s decision. Attorney General Skermetti appealed the three-judge panel’s decision to the Tennessee Appeals Court, but HB 2064 appears to be an attempt to address the constitutional issues cited by the panel and head off further litigation.

Harris and the TFA support the repeal of the “intent to go armed” law and the ban on guns in parks. However, that does not appear to be enough to win the full-throated backing of the TFA, because of alleged constitutional defects. Specifically, Harris says the proposal, as written, is not consistent with the “historical tradition of firearm regulation as required in other rulings by the U.S. Supreme Court. Harris also cites vagueness in the use of words like “alarming, careless, or angry” to describe a criminal offense if one carries a firearm in the presence of others and exhibits those characteristics.

Meanwhile, the Tennessee Bureau of Investigation and the Tennessee Sheriff’s Association oppose the legislation, citing public safety concerns. Despite claims of “backing the blue,” if this were a head-to-head battle with TFA on one side and law enforcement on the other, the “blue” would lose. At present, though, Republicans do not seem to have much to gain with both TFA and law enforcement opposing the bill, albeit for different reasons.

There is still time to further amend the bill and address TFA’s concerns, but the legislature, especially the Senate, is winding down quickly. It is an election year after all, and incumbents need to get home to campaign.