Representative David Byrd: District 71 Capitol Hill Update

As the 112th legislative session draws closer, here are new laws under gun rights.

Permitless Carry / Stronger Penalties for Gun Theft – Public Chapter 108 allows law-abiding citizens in Tennessee who are at least 21 years old or are honorably discharged or active in the U.S. Armed Forces, National Guard or Reserves to carry a firearm without a permit in a place where they are lawfully present. Those who carry without a permit must have no felony convictions, orders of protection in effect, pending charges or convictions for domestic violence or stalking, or have been adjudicated as a mental defective. In addition, individuals convicted of two DUI offenses within the last ten years or one in the last five years would not be eligible, as well as federal prohibitions which include illegal aliens and fugitives from justice.

Firearm Information Privacy Protection Act – Public Chapter 540 protects the anonymity of citizens related to firearm ownership. The legislation creates a Class E felony for any public personnel that intentionally discloses information about an owner of a firearm for the purpose of compiling a federal firearms registry or confiscation of firearms. In addition, the legislation also creates a private right of action. The law will act as a buffer between Tennessee and the federal government’s unconstitutional and invasive attempts to prohibit citizens from protecting one’s life, liberty and family.

Protecting Gun Owners –Public Chapter 554 protects gun owners by preventing a state or local entity from creating a registry to keep record of who possesses firearms in Tennessee. The legislation defines “registry” as a record of possession or ownership by non-governmental individuals or entities and provides that violation of this measure would result in a Class E felony and a loss of funding from the state for the following fiscal year and any subsequent years that the violation occurs.

Tennessee Firearm Protection Act – Public Chapter 444 prohibits the expenditure of state or local funds to enforce any federal law or executive order regulating the sale of firearms, ammunition or firearm accessories if they violate state law or the Tennessee Constitution.  The new law also prohibits the use of employees for this purpose and allows the State Attorney General and the General Assembly to review violations of this law to decide whether to revoke the offending entity’s state funding for the next fiscal year. 

Tennessee Second Amendment Sanctuary Act –Public Chapter 553 makes it clear that state and local officials must not enforce laws, treaties, executive orders, rules or regulations of the U.S. government that violate the Second Amendment of the U.S. Constitution and affirms that they are null, void and unenforceable in Tennessee. It provides that any official who violates the statute is subject to ouster, unless they are otherwise excepted by the State Constitution.

Safety of Firearms – Public Chapter 592 incentivizes the safe storage of firearms by exempting sales taxes on gun safety devices and safes for one year beginning July 1, 2021.

As always, I am truly humbled and honored to be your voice on Capitol Hill. If there is ever any issue I can assist with, please reach out to my office by calling 615-741-2190 or emailing me at [email protected]