Subcommittee advances bill to rewrite Tennessee carry law after court rulings

The House Criminal Justice Subcommittee advanced House Bill 20 64, a wide-ranging rewrite of Tennessee's carrying statutes that the sponsor said was designed to align state law with recent court decisions.

Chairman Todd, the bill's sponsor, said the measure "aims to flip the language" of current carrying statutes to reflect constitutional limits identified in Hughes v. State and related litigation, while preserving targeted prohibitions for felons and juveniles. "To accomplish that, this bill removes those unconstitutional provisions yet reestablishes prohibitions and defenses ... such as those regarding felons and juveniles," he said.

The bill drew significant public testimony and law-enforcement comment. Rachel Russell, deputy counsel of operations for the Tennessee Bureau of Investigation, said the bureau continues to have public-safety concerns with opening carry of loaded long guns and expanding carry in parks. "We believe that that is exacerbated based on how those firearms are carried ... as well as the places in which they are carried," she said. Jimmy Musick of the Tennessee Sheriff's Association echoed concerns about enforcement clarity and officer safety, urging "very good clarity" so officers know "when to engage and when not."

Supporters said the bill is necessary to avoid continued litigation and to protect constitutional rights. Sponsor Todd argued that the bill responds to the courts and would reduce litigation risk: "We're gonna continue to get sued, we're gonna continue to lose in those cases if we don't fix it and this is our opportunity to fix that."

After testimony and member questions, the committee voted to send HB 20 64 as amended to full Judiciary; the clerk recorded 7 ayes and 2 noes.