Tennessee Legislature passes bill to allow most adults to carry handguns without a permit

Natalie Allison, Nashville Tennessean
·5 min read

NASHVILLE, Tenn. — The Tennessee General Assembly has approved Gov. Bill Lee's legislation to allow most adults to carry handguns without obtaining a permit, a measure some Republicans sought for years to pass.

Governor Bill Lee talks with the media after attending a briefing with the Dr. Deborah Birx and other health officials in Nashville, Tenn. Monday, July 27, 2020
Governor Bill Lee talks with the media after attending a briefing with the Dr. Deborah Birx and other health officials in Nashville, Tenn. Monday, July 27, 2020

The bill moves to the governor's desk amid a renewed debate on gun violence and firearm laws in the U.S. after mass shootings in Atlanta and Boulder, Colorado, claimed the lives of a combined 18 people.

The push for expanded gun access in Tennessee illustrates a wider effort seen in other Republican-led states such as Iowa and Indiana, where lawmakers have advanced bills that would strike down permit and license restrictions.

Boulder shooting: Suspect's gun looked like a rifle. But it's a pistol. Experts worry it's helping people skirt gun laws

Tennessee's permitless carry bill, which supporters have dubbed "constitutional carry," passed the Tennessee House of Representatives 64-29 on Monday night. Just five House Republicans voted against it. The bill was approved in the state Senate on March 18 and can now be signed into law by the governor.

The law, which will take effect July 1, allows for both open and concealed carrying of handguns for people 21 and older without a permit as well as for military members 18 to 20. It does not apply to long guns, a point of contention among gun rights activists.

"This bill is not the end of the journey," Tennessee House Majority Leader William Lamberth, R-Portland, said from the floor Monday evening, confirming an appetite remains in the GOP-controlled legislature to remove more gun restrictions in the future.

"This is a massive step forward for freedom," Lamberth said.

Rep. William Lamberth, R-Portland, bottom, bumps fists with Rep. Jeremy Faison, R-Cosby, after Lamberth's bill allowing most adults to carry handguns without obtaining a permit passed, Monday, March 29, 2021, in Nashville, Tenn.
Rep. William Lamberth, R-Portland, bottom, bumps fists with Rep. Jeremy Faison, R-Cosby, after Lamberth's bill allowing most adults to carry handguns without obtaining a permit passed, Monday, March 29, 2021, in Nashville, Tenn.

Previously: As Democrats press for national gun control, GOP states move to expand firearm access

Nearly 20 states allow some version of permitless carry

Lee's administration has estimated the legislation will cost the state as much as $20 million annually. The bill is backed by the National Rifle Association but opposed by the state's leading law enforcement groups, which have argued the change could increase crime and officer vulnerability.

Tennessee joins 18 other states that have approved some version of permitless carry.

"It seems that more is never enough when it comes to gun laws in this state," said Rep. Larry Miller, D-Memphis.

Gun issues have re-emerged on the national level as well: President Joe Biden last week pressed Congress to pass two House bills that would "close loopholes in the background system," referencing legislation that would expand the number of instances when a background check is necessary for purchasing or transferring a firearm.

In Colorado, the Boulder shooter purchased an assault weapon six days before police say he carried out a mass shooting at a grocery store. Authorities have said he bought the gun legally.

Fact check: No evidence Colorado shooting suspect entered country, bought gun, illegally

The accused gunman in the Atlanta spa shootings bought a firearm at Big Woods Goods, a sporting goods store in Holly Springs, Georgia, just hours before the attacks.

Tennessee bill removes offense for most to carry handgun without permit, but boosts other gun crimes

While removing the misdemeanor offense for most people of carrying a handgun without a permit, the bill also increases punishments for certain gun crimes.

The legislation boosts theft of a firearm from a misdemeanor to a felony and mandates six months of incarceration for the offense, up from the current 30-day sentence. It also bars felons convicted of possessing a firearm from early release.

Beyond felons and those convicted of domestic violence offenses, the new permitless carry right will not extend to people with a conviction of stalking, those with a recent DUI conviction or individuals who have been committed by the court to a mental institution.

Lee announced last year he was endorsing an effort to pass a permitless carry bill. But his plans were derailed as the pandemic worsened and the Senate announced it would take up only time-sensitive legislation.

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In 2019, the Tennessee Legislature passed a bill allowing individuals to opt to take a much shorter online class to receive a basic permit, rather than an all-day in person course.

Lamberth on Monday said people "don't understand firearms" if they think the in-person course required under current state law will make someone proficient in gun use.

"I found it to be not a complete waste of time, but not extraordinarily helpful," Lamberth said of the class he took.

In a nod to some gun rights activists who believe Lee's permitless carry bill should extend further, Rep. Todd Warner, R-Chapel Hill, unsuccessfully attempted to amend the bill to apply to those 18 and older, as opposed to 21, as well as to all firearms, rather than just handguns.

Rep. John Ray Clemmons, D-Nashville, asked Lamberth why the bill did not apply to 18- to 20-year-olds or to all types of guns, based on supporters' argument that most everyone should be allowed to freely carry a firearm, per the Second Amendment.

Lamberth said this particular bill merely extended the right to everyone currently old enough to obtain a carry permit under state law.

Miller filed six amendments to the bill, including one to reimburse those who have previously purchased a lifetime gun permit but will no longer need it, though none of his changes were applied to the bill.

Contributing: Jay Cannon, USA TODAY

Follow reporter Natalie Allison on Twitter at @natalie_allison.

This article originally appeared on Nashville Tennessean: Tennessee constitutional carry: Lawmakers OK permitless handgun bill