Democrats propose bills to restrict firearm access, as House debates teacher gun bill

Tennessee House and Senate Democrats are proposing a plan to reinstate the state’s gun carry permit process and institute a type of red flag law in the wake of a shooting at The Covenant School in Nashville that claimed the lives of six last week, including three 9-year-old children.

Democrats unveiled a five-bill legislative package on Wednesday, calling for a ban on large capacity magazines and bump stocks, among other changes.

“How many more children? How many more teachers? How many more people going to the grocery store? How many more people worshiping at church? How many more people eating at a Waffle House will have to be victims of gun violence before we do something?” Senate Democratic Leader Raumesh Akbari, D-Memphis, said Wednesday.

Protesters fill the House gallery as representatives hold session at the State Capitol Building  in Nashville , Tenn., Thursday, March 30, 2023.
Protesters fill the House gallery as representatives hold session at the State Capitol Building in Nashville , Tenn., Thursday, March 30, 2023.

The Democratic proposals came on a day House members advanced legislation to give teachers greater ability to carry a weapon.

Here's what you need to know about Wednesday's developments.

Democrats’ legislative package

Reinstate Tennessee’s firearms carry permit 

Legal gun owners are currently not required to have a permit to carry handguns, due to a 2021 law. The law initially applied to those 21 and older, except those 18-20 who served in the military. A settlement in a recent federal lawsuit lowers the age to 18 for everyone.

Still, Republican lawmakers this year have championed a measure to expand Tennessee’s permitless carry law to age 18, and include all firearms, not just handguns. Democrats are proposing to reinstate requirements to have a permit to carry any firearm.

Authorize extreme risk protection orders

Under the process, law enforcement or close family members may submit a petition requesting to restrict a person’s access to firearms or ammunition if they pose a significant danger of causing personal injury to themselves or others. A judge would hold a hearing on the petition and make a final decision.

Ban large capacity magazines

Democrats are proposing to prohibit the sale and manufacture of high capacity magazines in Tennessee, making import, sale and lending them a Class A misdemeanor punishable by 11 months and 29 days in prison and fines of up to $2,500.

Ban bump stocks

The bill would make it a class E felony to purchase, use, or possess a trigger crank, bump stock, or bump-fire device or similar devices designed to accelerate the rate of fire of a semi-automatic rifle. Violations would be punishable by 1 to 6 years in prison, and a fine of up to $3,000.

Expand universal background checks

Democrats are proposing to require all sales and transfers of firearms to happen at federally licensed gun dealers, which require background checks. Sales not conducted through a federally licensed dealer would be punishable by a Class B misdemeanor.

It would include exceptions for gifts between immediate family members, sales of antique firearms, temporary transfer of possession of a firearm, and transfer of firearms between gun dealers or between wholesalers and dealers.

Proposals come as Senate GOP delay gun bills

The proposals come one day after the Senate Judiciary Committee closed, and Chairman Todd Gardenhire delayed consideration of all gun-related bills before that committee to 2024.

“Instead of us having meaningful conversations, we've been distracted with an expulsion of some of our members who were speaking out for exactly what the people across the state are begging for us to do,” Rep. Bob Freeman, D-Nashville, said. “And that's action: take action to do something. Now is the time.”

Gov. Bill Lee joined Republican leadership on Monday to propose $140 million in new funding for school resource officers and heightened security measures. The governor did not commit to supporting a red flag law, but said he is open to legislative proposals brought by members of the General Assembly.

Democrats are hopeful that their colleagues across the aisle will be open to further action.

“We are asking our colleagues who have expressed an interest in doing something about this that’s not just about securing schools and fortifying schools,” said Sen. Heidi Campbell, D-Nashville.

Sen. Jeff Yarbro, D-Nashville, said inaction is not an option, and conversations are ongoing between party leadership on both sides of the aisle.

“They’ve agreed that they are willing to work through this,” Yarbro said. “Anything is possible. They can open committees back up, they can hear bills that are filed late… What the real question is, is there a will to solve this problem?”

Teachers concealed carry bill

A controversial bill that would allow teachers to carry concealed handguns advanced in the Tennessee House on Wednesday.

The move came as activists, students and protesters voiced concerns during a House committee hearing on the bill in the wake of last week's school shooting.

Activists, including Moms Demand Action for Gun Sense in America; Students Demand Action for Gun Sense in America; and Everytown for Gun Safety, attended. Many wore red and held up signs that demanded stricter gun control, including red flag laws.

The bill, sponsored by Rep. Ryan Williams, R-Cookeville, would allow teachers, principals and school staff to carry a concealed handgun on school grounds — with several regulations in place.

Some of those measures include:

  • 40 hours of training with a local law enforcement agency, completed annually

  • A mental health assessment

  • A background check

  • Notification to school leaders and local law enforcement on which school staff are carrying weapons

  • A sign-off from the superintendent and school principal

Williams said the bill would let school staff "protect their kids in the instance of an active shooter in their school."

Several committee members questioned the parameters of the bill, expressing concern over how fit teachers and school staff would be to face an active shooter. Others raised concerns over teachers being mistaken by law enforcement for an aggressor in an active shooting situation.

“How do they get that information?" Rep. Sam McKenzie, D-Knoxville, said. "This is a volatile thing.”

Several Republican lawmakers spoke in favor of the bill, emphasizing the need to tighten security at schools.

Three people also offered tearful testimony before the committee — Jason Sparks, a Nashville parent who is part of Moms Demand Action; Nashville parent Krista Westervelt; and Hillwood High School student Kiernan Reed.

"If more guns in more places made us safer, we’d be the safest state on the planet, and we’re not," Sparks said. “Measures that make our schools more like military bases with signs that guns are inside do not create the nurturing and trusting environment that is conducive to learning.”

Westervelt talked about facing fear as she drops her own children off at school, but said arming teachers poses more risks that benefits.

“I understand fear,” she said. “But I also understand the risk of taking a reactive approach to addressing that fear.”

Reed spoke through tears, saying several of his classmates and school leaders opposed arming teachers. He also expressed anxiety over not knowing if teachers were armed, or how situations may escalate with a gun in play.

“I wish that I could go to school and learn instead of being terrified that I could die at any time,” he said as he cried.

The bill advanced with 12 members voting yes, six voting no and one abstaining. The votes largely fell along party lines. However, Rep. Mark White, a Republican from Memphis, voted against it.

What's next?

The House bill on teachers carrying guns is next set to be taken up by the calendar and rules committee. Not date was set. The Senate version of the bill was rolled to next year. The next hearing is set for Jan. 23, 2024, before the Senate judiciary committee.

A Senate committee also pushed a bill that proposes lowering the handgun permitless carrying age from 21 to 18 to next week.

This article originally appeared on Nashville Tennessean: Democrats propose bills to restrict gun access